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09-07-10 Order on Motion to Withdraw as Attorney

09-07-10 Order on Motion to Withdraw as Attorney

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Published by Orlando Tea Party
09-07-10 Order on Motion to Withdraw as Attorney
09-07-10 Order on Motion to Withdraw as Attorney

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Categories:Types, Research, Law
Published by: Orlando Tea Party on Sep 14, 2010
Copyright:Attribution Non-commercial


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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO. 10-80062-CIV-MARRA/JOHNSONSOUTH FLORIDA TEA PARTY, INC.,A Florida non-profit corporation, et al.,Plaintiff,vs.TEA PARTY, et al.Defendants. ______________________________/
THIS CAUSE is before the Court upon Plaintiffs’ Counsel’s Motion to Withdraw[DE 58]. The Court has carefully considered the motion and the response. No replywas filed.The arguments raised by Defendants in opposition to the motion do notdemonstrate any prejudice or adverse effect on Defendants’ case if Plaintiffs’ counselis permitted to withdraw. Whether there is an actual or potential conflict of interestin this case is irrelevant; if Plaintiffs’ counsel wishes to withdraw for whateverreason, justified or unjustified, and if Plaintiffs have no objection, Defendants haveno grounds to object.It is well-established, however, that fictional legal persons cannot appear
in federal court. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir.1985) (corporations cannot appear for themselves). An unincorporated association (orgroup of concerned citizens) is an artificial entity that can only act through its
Case 9:10-cv-80062-KAM Document 60 Entered on FLSD Docket 09/07/2010 Page 1 of 2

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