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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118635
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have two questions. One is about rules and procedure. I

Resolved Question:

I have two questions. One is about rules and procedure. I was wondering what is the Maryland law regarding when to file an appeal? I know it's within 30 days - but is it when the Judge makes the ruling, or when the ruling is actually filed with the court. For example, if a Judge rules from his bench in open court a ruling on March 6, 2009, but the stamp on the official ruling paper doesn't get stamped or filed until March 11, 2009, which day starts the 30 days clock ticking?    My next question about Maryland rule is about pro-se litigants. If a suit is fashioned in an et al., situation and two of the et al people are individuals and two are corporations...what is the rule on pro-se? Can a person be pro-se if a corporation is involved in the case? This is a case that generated from a quasi-judicial hearing and was appealed to the board of appeals and then to the circuit court. we are interested in appealing again, but need to know if we can move forward, procedurally, as pro-se
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
The court's order is not official for this purpose until it is ENTERED by the court, which means filed, the ruling should indicate the date entered. Until the court files the ruling it can be changed or modified. §12-302.

In a case with multiple defendants or plaintiffs, where the corporations are involved the corporations must be represented by attorneys, but there is no requirement that the individuals being sued need to be represented by counsel (though it is the best idea because pro se litigants tend to irritate the court.).

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Customer: replied 8 years ago.
O.k, but on the second part of my question...if for example, my husband and I file an appeal pro-se and fashion it et al. and the et al. part includes the corporate entities, what would be the ramifications of that? Would the court be able to kick just the corporate entities out because they are not properly represented - in essence cutting out appeal in half, or would it have to be a motion made by the opposing counsel? And...if noone said anything and noone had an issue with it, would the appeal be processed and heard without issue?
Expert:  Law Educator, Esq. replied 8 years ago.
Corporations under the law must be represented by counsel and the court could find a default judgment against them or at least sanction them and order them to obtain counsel to represent them. You can raise the issue they are not properly represented if you choose, but the court should not be allowing them to proceed without being represented by counsel either.
Customer: replied 8 years ago.
The situation is, my husband and I are the individuals on the suit, and there are two corporations that were (are) affiliated with also named. One was an LLC that I am a member of, and the other was a corporation - that is currently dissolved, and we were officers of.

I am wondering if we can't see eye to eye with our attorney and the proper way to go forward on this appeal, do my husband and myself have proper standing (as pro-se) for the whole appeal or do we only have proper standing for ourselves as individuals...and how would it play out if we decided to file the appeal (as pro se) including all of the entities?
Expert:  Law Educator, Esq. replied 8 years ago.
You do not have any right to represent any corporate entity, that is considered the unauthorized practice of law and the law says all corporate entites must be represented by an attorney. You can appeal on your own, but you should have a sit down with the attorneys and hear out their positions and then you are free to move on your own for an appeal.

Customer: replied 8 years ago.
but then how would I fashion the appeal? Just leave the corporate entities off of it..or put "et al" like it is on the original memorandum?
Expert:  Law Educator, Esq. replied 8 years ago.
You would only be filing on your own behalf and not on the behalf of the corporate entities, and if they do not file, then they could lose their rights to appeal. If you are still in control of the LLC and corporation then you need to be directing your attorneys or perhaps consider getting new attorneys for appeal.
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