Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Romich v. All Secure, Inc. et al.

Court dismisses appeal that was filed pro se because appellant was still represented by counsel of record at the time of the filing of the notice of appeal

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Dillard, Presiding Judge. After the trial court granted summary judgment to the defendants in this civil action, counsel for the appellant, Cheryl Romich, filed a notice of withdrawal. One day later, Romich filed a pro se notice of appeal, but we lack jurisdiction over it. A layperson does not have the right to represent herself and also be represented by an attorney.[1] As a result, a party cannot “attempt to represent herself by filing pro se pleadings, while at the same time she is represented by counsel of record.”[2] Indeed, a formal withdrawal of counsel “cannot be accomplished until after the trial court issues an order permitting the withdrawal.”[3] And until such an order is properly made and entered, “no formal withdrawal can occur and counsel remains counsel of record.”[4] Here, the record contains no indication that the trial court relieved Romich’s counsel of her representation. Consequently, Romich’s pro se notice of appeal is a legal nullity,[5] and this appeal is dismissed for lack of jurisdiction.[6] Appeal dismissed. Mercier and Pinson, JJ., concur.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs