EHQF TRUST, APPELLANT,
v.
S & A CAPITAL PARTNERS, INC., ET AL., APPELLEE
Explore caselaw by topic → Browse Unlicensed Practice Of Law cases and more on FLexlaw
PER CURIAM.
The notice of appeal filed by appellant, a trust, was not signed by an attorney licensed to practice law in Florida. Section 454.23, Florida Statutes (2006), prohibiting the unlicensed practice of law, provides no exception for representation of a trust. Although Florida has not previously addressed the issue, other states have concluded that a trustee cannot appear pro se on behalf of the trust, because the trustee represents the interests of others and would therefore be engaged in the unauthorized practice of law. Curry v. Kilgore, 2004 UT App. 112, 2004 WL 808673 (Utah Ct.App.2004); Ziegler v. Nickel, 64 Cal. App.4th 545, 75 Cal.Rptr.2d 312 (Cal.2d 1998); Life Science Church v. Shawano County, 221 Wis.2d 331, 585 N.W. 2d 625 (1998); Mahoning County Bar Ass’n v. Alexander, 79 Ohio St.3d 1220, 681 N.E. 2d 934 (1997); Beaudoin v. Kibbie, 905 P. 2d 939 (Wyo.1995); Back Acres Pure Trust v. Fahnlander, 233 Neb. 28, 443 N.W. 2d 604 (1989); In re Ellis, 53 Haw. 23, 487 P. 2d 286 (1971).
It is therefore ordered that this appeal will be dismissed unless appellant files an amended notice of appeal signed by an attorney licensed to practice law within twenty days of this order. This appeal is stayed pending compliance with this order. STONE, KLEIN and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Darst v. Yaron David, 59 So. 3d 11 (Fla. 2d DCA 1975)…pear for the trust. Thus, we dismiss this appeal.1 See Griner v. Rockridge Prop. Owners Ass'n, 59 So. 3d 1143, 1143 (Fla. 2d DCA 2011) ("Because a trustee may not appear pro se on behalf of a trust, see EHQF Tr. v. S & A Capital Partners, Inc., 947 So. 2d 606 (Fla. 4th DCA 2007), this appeal is dismissed."); Lavine v. JPMorgan Chase Bank, 226 So. 3d 327, 327 (Fla. 5th DCA 2017) (dismissing the appeal as to Lavine, as trustee of the DCM Revocable Trust, because Lavine was not an attorney and could not…
-
Darrin Lavine v. Jpmorgan Chase Bank, 226 So. 3d 327 (Fla. 5th DCA 2017)…e of appeal, indicating he was appearing pro se on behalf of the trust. However, since Lavine is not an attorney, he cannot represent the trust because doing so constitutes the unauthorized practice of law. See EHQF Tr. v. S & A Cap. Partners, Inc., 947 So. 2d 606, 606 (Fla. 4th DCA 2007). Accordingly, as to Lavine, as Trustee of the DCM Revocable Trust, the appeal is dismissed. M. at 606-07. AFFIRMED, as to David C. Mangham; and DISMISSED, as to Darrin Lavine, Trustee of DCM Revocable Trust. PALMER, TORP…
-
Darst v. W. Coast Grp. Enters., LLC (Fla. 2d DCA 2024)…appear for the trust. Thus, we dismiss this appeal.1 See Griner v. Rockridge Prop. Owners Ass'n, 59 So. 3d 1143, 1143 (Fla. 2d DCA 2011) ("Because a trustee may not appear pro se on behalf of a trust, see EHQF Tr. v. S & A Capital Partners, Inc., 947 So. 2d 606 (Fla. 4th DCA 2007), this appeal is dismissed."); Lavine v. JPMorgan Chase Bank, 226 So. 3d 327, 327 (Fla. 5th DCA 2017) (dismissing the appeal as to Lavine, as trustee of the DCM Revocable Trust, because Lavine was not an attorney and could not rep…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence