LLC Representation

There are not enough facts to determine if the owner/sole member of the LLC was not allowed to represent the LLC in court. In any case, it would appear that he can file the appeal:

https://advance.lexis.com/documentp...kkk&prid=befcc138-a754-4a55-ae39-508522c815cb


27-5-108. Appeal from general sessions court.
(a)
(1) Any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with this chapter.
(2) In civil cases, if one (1) or more of the parties before the general sessions court, on one (1) or more warrants, perfects an appeal of a decision of the general sessions court to the circuit court, as provided in this section, then cross appeals and separate appeals are not required, and upon the filing of a notice of appeal by any party, issues may be brought up for review by any party.
(b) This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee.
(c) Any appeal shall be heard de novo in the circuit court.
(d) If no appeal is taken within the time provided, then execution may issue.

 

There's no need to start a new thread on the same (generally) topic:

LLC Representation

EDIT:
Just to head off the argument that this is a different topic...it's not. This is simply an additional question about the same topic.

 

I disagree. That statute specifies a party may appeal. The party is the LLC. So that does not help the landlord. The issue here is whether a single member LLC may be represented by someone other than an attorney, and that is not answered by that statute. In many states the LLC must be represented by an attorney; a member of the LLC cannot do it. But I have not researched whether that is the case in the OP's state. But given the ruling of the trial court, one of the things I would raise in my response to the appeal is that the LLC must be represented by counsel, as the trial judge ruled, assuming I have the case law to back it up.

 

I did do a bit of research on the question prior to posting and it appears, at first glance, that the court rules allow the "owner" of a single-member LLC to represent the LLC. Unfortunately, the rules mention a "single proprietor", and I couldn't find a definition of that term. As such, it may, in fact be ok for the owner to file the appeal on behalf of the LLC. I didn't go in to that aspect in depth because I felt the (intentional) vagueness of my response didn't require it.

 

So...the defendant is an LLC? And the agent (for service of process?) filed an appeal on behalf of the defendant?

Huh?

To what does "it" refer? Also, I'm guessing that some portion of the third paragraph of your post is supposed to be a quote from something, but I can't tell (because you didn't use quotation marks) what's being quote or where the quote comes from.

Seems like the blank is "the owner of real property," which doesn't make much sense in this context.

Not likely, but it's not clear what "this" refers to.

 

It appears the ruling favored you, mate.

There are strategies suggested within the below noted resources.

New legislation in TN appears to address certain previous inequities:

Perfecting ‘De Novo’ Appeals - TBA Law Blog

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Tennessee Supreme Court Clarifies Procedure For Appeals From General Sessions To Circuit Court | Tennessee Administrative Office of the Courts
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Representing Yourself in Court | Tennessee Access To Justice
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https://www.tncourts.gov/sites/default/files/docs/final_pro_se_benchbook_-_may_2013.pdf
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I'm not saying this to be snarky...

Only the third link you posted ("Representing Yourself in Court") appears to have any applicability in the OP's situation.

 

Whatever I posted was provided for FREE.

Knowing THAT should reveal the effort, care, and level of thought expended.

One can expect to receive a result directly proportionate to monies expended.

 

So...Project ___ is the defendant and Phillip is the sole member/owner of the defendant?

Now I understand better, and this is a really weird thing. Normally, an appeal bond is issued by an insurance company that is licensed to write surety bonds. In this case, Phillip is making himself a personal surety for the LLC. My guess is that Phillip's name, and not yours, should be in the space you marked, and the purpose of the form is to demonstrate that Phillip is qualified to be a personal surety. Is that error going to make the bond invalid and get the appeal dismissed? Almost certainly not.

 

Quoting the private message you sent me.

I doubt the court is going to research whether this guy does or doesn't own real property. If you want to make an issue of it, file something with the court and don't forget to attach your evidence that he owns no real property in the state.

 

Oh, NOW you mention that you have an attorney. Ask your attorney your questions. REALLY

 

Have you talked to your lawyer about that yet?

The judge might not dismiss. He might just allow the defendant/appellant to correct his errors and move forward to the new trial.

I sense that you would prefer to collect your judgment without having to face your opponent in court. Might not work out that way.