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Winzer v. EHCA Dunwoody LLC

The Supreme Court's decision in Eckles v. Atlanta Technology Group, 267 Ga. 801 1997, which established that only a licensed attorney can represent a corporation in a proceeding in a court of record, applies only to corporations; however, due to the similarities between corporations and limited liability companies, the rationale and holding of Eckles should and does apply to LLCs.

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These appeals are from judgments in related actions involving the lease of a medical office and the personal guarantees of that lease. Because the appellants have shown no reversible error, we affirm the judgments. EHCA Dunwoody, LLC filed a dispossessory action in DeKalb County State Court against Northside Medical Care Center, LLC for failure to pay rent under a lease agreement. EHCA was later granted permission by the trial court to add Dr. Willie Winzer and Dr. Morris Serwitz, members of Northside who allegedly guaranteed the company’s obligations, as defendants. But EHCA later dismissed both Winzer and Serwitz without prejudice, and the case proceeded to a bench trial against only Northside.

Prior to the trial, Northside had retained and been represented by two different attorneys, but both of them withdrew from the case. Northside appeared for the bench trial without a lawyer and instead was represented by Dr. Serwitz. After hearing evidence and arguments, the trial court found that Northside had failed to pay rent as required by the lease and awarded EHCA a total judgment of $104,609.

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