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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

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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.

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