Naylor Senior Citizens Housing, LP v. Sides Constr. Co.
Annotate this CaseJohn Dilks filed a pro se petition to recover damages he suffered as a result of a flood. The “Plaintiffs” identified in the allegations of the petition were Dilks, individually, and Naylor Senior Citizens Housing, LP and Naylor Senior Citizens Housing II, LP (collectively, “Partnerships”), both of which were Missouri statutory limited partnerships. The trial court dismissed the Partnerships’ claims on the ground that, because Dilks was not a licensed attorney and he attempted to assert claims on behalf of the Partnerships, the petition was a nullity and had no legal effect for purposes of asserting claims on behalf of the Partnerships. The Supreme Court affirmed, holding that, as statutory entities, the Partnerships may not appear in Missouri court except through a licensed attorney, and because Dilks was not a licensed attorney, his attempt to assert claims on behalf of the Partnerships constituted the unauthorized practice of law and may not be given effect.
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