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466 Thackeray Place Indus. v. Bros. Carpentry & Painting

Court of Appeals of Georgia
Oct 17, 2023
No. A24E0022 (Ga. Ct. App. Oct. 17, 2023)

Opinion

A24E0022

10-17-2023

466 THACKERAY PLACE INDUSTRIES LLC et al. v. BROTHERS CARPENTRY AND PAINTING, LLC.


The Court of Appeals hereby passes the following order:

On September 26, 2023, the Superior Court of Fulton County entered a default judgment against Frederick Rucker, Jr. in his individual capacity in the lawsuit that Brothers Carpentry and Painting, LLC brought against him and two limited liability companies for which he serves as managing member, 466 Thackeray Place Industries LLC and 6-Sigma Consulting, LLC. Proceeding pro se, Rucker has now filed an "Emergency Petition for a Writ of Mandamus/Appeal" in this Court. Rucker's petition fails to satisfy the standard for emergency relief set forth in Court of Appeals Rule 40 (b) or the standard for mandamus relief set forth in Court of Appeals Rule 40 (c). Accordingly, Rucker's petition, to the extent that it was filed in his individual capacity, is hereby DENIED.

Rucker, in his capacity as managing member, also seeks to bring this emergency motion on behalf of 466 Thackeray Place Industries LLC and 6-Sigma Consulting, LLC. However, because Rucker is not a licensed attorney, he cannot represent those limited liability companies before this Court. See Redan Shops v. FSFP Atlanta, 366 Ga.App. 691, 692, n. 2 (883 S.E.2d 902) (2023); Winzer v. EHCA Dunwoody, 277 Ga.App. 710, 713-714 (3) (627 S.E.2d 426) (2006). Consequently, to the extent that Rucker seeks to file an emergency motion on behalf of those companies, the motion is hereby DISMISSED. See Odion v. Avesis, 327 Ga.App. 443, 445 (2) (759 S.E.2d 538) (2014).


Summaries of

466 Thackeray Place Indus. v. Bros. Carpentry & Painting

Court of Appeals of Georgia
Oct 17, 2023
No. A24E0022 (Ga. Ct. App. Oct. 17, 2023)
Case details for

466 Thackeray Place Indus. v. Bros. Carpentry & Painting

Case Details

Full title:466 THACKERAY PLACE INDUSTRIES LLC et al. v. BROTHERS CARPENTRY AND…

Court:Court of Appeals of Georgia

Date published: Oct 17, 2023

Citations

No. A24E0022 (Ga. Ct. App. Oct. 17, 2023)