ESCAMBIA CHRISTIAN SCHOOL INC v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ESCAMBIA CHRISTIAN
SCHOOL, INC.,
Plaintiff-Petitioner,
vs. 	Case No.: 3:25cv1901/TKW/ZCB
FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER
SERVICES, DIVISION OF FOOD,
NUTRITION, AND WELLNESS, ,
Defendant-Respondent.
/
REPORT AND RECOMMENDATION
Plaintiff-Petitioner Escambia Christian School, Inc., (“Escambia
Christian”) initiated this action on October 8, 2025, by filing a “Petition
for 	Judicial 	Review” 	against 	the 	Defendant-Respondent 	Florida
Department of Agriculture and Consumer Services, Division of Food,
Nutrition, and Wellness. 	(Doc. 1). 	The filing appears to seek judicial
review of a decision of the Defendant-Respondent to terminate certain
food distribution benefits previously given to Escambia Christian.
On October 14, 2025, after reviewing Escambia Christian’s filing,
the Court determined that it was filed by a pro se individual rather than
an attorney. Thus, the Court ordered Escambia Christian to provide the
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Court with its counsel’s information within fourteen days. (Doc. 3). That
deadline has passed, and Escambia Christian has not responded, nor has
an attorney appeared on its behalf.
“The rule is well established that a corporation is an artificial entity
that can act only through agents, cannot appear pro se, and must be
represented by counsel.” 	Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385
(11th Cir. 1985). Thus, “ a corporation or other business entity can only
appear in court through an attorney and not through a non-attorney
corporate officer appearing pro se.” 	Harrison v. Wahatoyas, L.L.C., 253
F.3d 552, 556 (10th Cir. 2001).
The 	initial 	filing 	in 	this 	case 	was 	signed 	and 	submitted 	by
Stephanie 	Davis-Keeton 	who 	is 	the 	Administrator/Principal 	and
authorized representative of Escambia Christian. 	(Doc. 1 at 13). 	Ms.
Davis-Keeton, however, fails to include a bar number with her signature
and there is no other indication that she is a licensed attorney.1 Because
Escambia Christian School, Inc., is a corporate entity, the School must be
1 The Court searched the names “Stephanie Davis,” “Stephanie Keeton,”
and “Stephanie Davis-Keeton” on the Florida Bar’s website, but found no
attorneys who appear to be the Ms. Davis-Keeton who filed this case. See
https://www.floridabar.org/directories/find-mbr/.
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represented in litigation by a licensed attorney. Regions Bank v. Greater
Deliverance Church, Inc., No. 5:22-CV-246-MW-MJF, 2023 WL 2731713,
at *2 (N.D. Fla. Feb. 2, 2023) (“Because McClary is not an attorney, she
may not represent the Church in this matter.”) (collecting cases). 	And
because Ms. Davis-Keeton is not a lawyer, the initial filing she submitted
on behalf of Plaintiff-Petitioner Escambia Christian is ineffective to
initiate this legal proceeding. 	Michel v. United States, 519 F.3d 1267,
1271 (11th Cir. 2008) (“A party cannot be represented by a nonlawyer, so
a pleading signed by a nonlawyer on behalf of another is null.”).
The 	Court 	notified 	Escambia 	Christian 	of 	its 	lack 	of 	proper
representation and provided it with fourteen days to identify its counsel
or for counsel to appear on its behalf. (Doc. 3). Escambia Christian was
warned that failure to comply with the Court’s order would result in a
recommendation of dismissal. 	(Id. at 4). 	Despite being warned and
having an opportunity to cure its defective initial filing,2 	Escambia
2 See also Marshall v. Wachovia Sec. LLC / Wells Fargo, 2016 WL
5942429, at *2 (S.D. Fla. Jan. 6, 2016) (“After plaintiffs have been fully
advised of the need for proper representation as artificial entities, a court
may dismiss such claims for lack of proper representation.”) (citing
Palazzo 764 F.2d at 1386), aff’d, 668 F. App’x 874 (11th Cir. 2016); cf.
Iriele v. Griffin, 65 F.4th 1280, 1285 (11th Cir. 2023) (stating that the
principle of Palazzo “should apply in the context of estates” and that
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Christian has failed to provide its counsel’s information, and no attorney
has appeared on its behalf. Accordingly, this action should be dismissed
without prejudice for lack of proper representation and for failure to
comply with a Court order.
For the reasons above, it is respectfully RECOMMENDED that:
1. 	Escambia 	Christian 	School, 	Inc.’s 	complaint 	(Doc. 	1) 	be
DISMISSED without prejudice for lack of proper representation and
for failure to comply with an order of the Court.
2. 	The Clerk of Court be directed to close this case.
At Pensacola, Florida, this 3rd day of November 2025.
/s/
Zachary C. Bolitho
Zachary C. Bolitho
United States Magistrate Judge
Notice to the Parties
Objections to these proposed findings and recommendations must
be 	filed 	within 	fourteen 	days 	of 	the 	date 	of 	the 	Report 	and
Recommendation. 	Any 	different 	deadline 	that 	may 	appear 	on 	the
electronic 	docket 	is 	for 	the 	court’s 	internal 	use 	only 	and 	does 	not
control. 	An objecting party must serve a copy of the objections on all
other parties. 	A party who fails to object to the magistrate judge’s
findings or recommendations contained in a report and recommendation
“when a pro se plaintiff improperly seeks to represent an estate with
additional 	beneficiaries and/or 	creditors, 	the 	district 	court 	may 	not
simply dismiss the case without providing the plaintiff an opportunity to
cure the deficiency”).
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waives the right to challenge on appeal the district court’s order based on
unobjected-to factual and legal conclusions. 	See 11th Cir. Rule 3-1; 28
U.S.C. § 636.
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