Opinion
56,222-CA
12-13-2024
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR RESIDENTIAL MORTGAGE AGGREGATION TRUST v. B&W ENTERPRISES
Appealed from Ouachita Parish No. 2024-0814
Before COX, STEPHENS, and ROBINSON, JJ.
ORDER
This appeal of an order directing the issuance of a writ of seizure and sale was taken by Emily B. Winston and Carolyn Benjamin, who are not licensed attorneys, in a representative capacity on behalf of B&W Enterprises. A partnership is a separate and distinct legal entity from its membership. La. C.C. art. 2801. Such an entity may be represented by a non-lawyer only in certain circumstances. La. R.S. 37:212, concerning the unauthorized practice of law, provides, in part:
C. Nothing in this Section shall prohibit any partnership, corporation, or other legal entity from asserting or defending any claim, not exceeding five thousand dollars, on its own behalf in the courts of limited jurisdiction or on its own behalf through a duly authorized partner, shareholder, officer, employee, or duly authorized agent or representative. No partnership, corporation, or other entity may assert any claim on behalf of another entity, or any claim assigned to it.
Because the record does not demonstrate that Emily B. Winston or Carolyn Benjamin are authorized to represent B&W Enterprises pursuant to La. R.S. 37:212(C), the motion for appeal filed by Emily B. Winston and Carolyn Benjamin, as well as the subsequent order granting the motion, "is of no legal effect." Deal v. Lexing-Powell, 36,168 (La.App. 2 Cir. 8/16/02), 824 So.2d 541; Torregano v. Imperium Builders South, LLC, 16-0644 (La.App. 4 Cir. 2/15/17), 212 So.3d 638. Accordingly, this appeal is hereby dismissed.