Does an attorney have to file a "Notice of Appearance" before filing a motion to dismiss? Can you reference the statute?

Asked 11 months ago - Zephyrhills, FL

I was wondering if an attorney has to be signed on to a case and file a "Notice of Appearance" before filing any motions, including a motion to dismiss. Is there a statute that references this question? Any help would be greatly appreciated.

Attorney answers (3)

  1. Eugene P. Castagliuolo

    Contributor Level 16

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    Answered . With all due respect to my colleague Mr. Mallory, I've actually heard both rules. For years I have operated under the rule as Mr. Mallory has stated it: that any filing by an attorney constitutes that attorney's "entry into the case" if you will. However, consumer attorneys have been debating recently about how they have successfully challenged actions by attorneys who have not first filed a notice of appearance. So, if you are facing a situation where the opposing attorney has filed a document without first filing his/her Notice Of Appearance, I would advise you to object to it and see what happens.

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  2. Earl Kenneth Mallory

    Pro

    Contributor Level 16

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    Lawyers agree

    Answered . Filing of any “paper” or other document by an attorney in the court file constitutes an appearance for all purposes UNLESS the Motion to Dismiss is based upon lack of personal jurisdiction over the attorney’s client.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekm@mallorylawgroup.com (561)743-3708.

  3. Vincent Paul Tolisano

    Contributor Level 7

    Answered . This is typically governed by the Florida Rules of Civil Procedure and local rules of court. I think it is safe to say you may have some Judges that require it and others that do not.

    The answers given are not to be considered legal advice or the retention of an attorney. Every case is unique and... more

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