Opinion

Stage Door Development, Inc. v. Broadcast Music, Inc.

  • 698 So. 2d 787
  • 1997 Ala. Civ. App. LEXIS 421
  • 1997 WL 272431
Court
Court of Civil Appeals of Alabama
Filed
May 23, 1997
Status
Published
On the bench
Crawley
Cited by
14 cases
Authority
More cited than 75.5%

holding that one who is not an attorney may not appear as an advocate on behalf of a corporation, even one he solely owns, without engaging in the unauthorized practice of law

How later courts described this case

  • holding that one who is not an attorney may not appear as an advocate on behalf of a corporation, even one he solely owns, without engaging in the unauthorized practice of law
  • dismissing an appeal because the individual representing the corporation on appeal was not a licensed attorney
  • “One who is not an attorney may not appear as an advocate on behalf of a corporation, even one he wholly owns, without engaging in the unauthorized practice of law.”
  • sole stockholder of closely held corporation filed brief on behalf of corporation

Written by the judges who cited it.

The opinion

698 So.2d 787 (1997)

STAGE DOOR DEVELOPMENT, INC.

v.

BROADCAST MUSIC, INC.

2960378.

Court of Civil Appeals of Alabama.

May 23, 1997.

No brief filed for Appellant.

Britt Batson of Parnell, Crum & Anderson, P.A., Montgomery, for Appellee.

CRAWLEY, Judge.

Stage Door Development, Inc., is a closely held corporation with one stockholder, Jack Mizell. Mizell, who is not licensed to practice law, requested this court to allow him to represent Stage Door on appeal. This court denied that request. Nevertheless, Mizell filed a brief on behalf of Stage Door.

One who is not an attorney may not appear as an advocate on behalf of a corporation, even one he wholly owns, without engaging in the unauthorized practice of law. Ala.Code 1975, § 34-3-6(b)(1). See Brown v. Parnell, 386 So.2d 1137 (Ala.1980).

Having received, in essence, no brief from the appellant, we dismiss the appeal. See Rule 2, Ala. R.App. P. We note that, had we reached the merits of this case, we would have affirmed the judgment of the trial court.

APPEAL DISMISSED.

YATES, MONROE, and THOMPSON, JJ., concur.

ROBERTSON, P.J., dissents.

ROBERTSON, Presiding Judge, dissenting.

On the authority of A-OK Constr. Co. v. Castle Constr. Co., 594 So.2d 53 (Ala.1992), and Triple J Cattle, Inc. v. Chambers, 621 So.2d 1221 n. 1 (Ala.1993), I would suspend the rules regarding dismissals and address the merits of this case. I agree, however, that the judgment of the trial court is due to be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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