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Judge resets M & M Countertops LLC v. Tiffany Thomas for 30 days; corporation ordered to obtain counsel
Summary
Clayton County State Court continued a dispossessory/contract dispute between M and M Countertops LLC and Tiffany Thomas and ordered the LLC to secure attorney representation before the next hearing.
Judge Tammy Long Hayward continued M and M Countertops LLC v. Tiffany Thomas for 30 days and instructed the owner present that corporations must be represented by counsel in state court.
The court questioned the person appearing for M and M Countertops about authority to appear for the LLC. The owner, identified as Mr. Mendoza, said he was the owner and was appearing without counsel. Judge Hayward explained the state-court rule that a corporation must be represented by an attorney because a corporate entity can represent interests of multiple owners and fiduciary duties can arise. The judge offered to reset the matter to allow the corporation time to retain counsel and specifically directed court staff to ensure the case was reset and that Mendoza obtain counsel prior to the next date.
Tiffany Thomas, the opposing party, was present and the judge said Thomas may also retain counsel but is not required to do so. The case was reset for 30 days so both the corporate plaintiff and the defendant may secure representation if desired.
