EHQF Trust v. S & A Capital Partners, Inc.

District Court of Appeal of Florida

EHQF Trust v. S & A Capital Partners, Inc.

947 So. 2d 606, 2007 Fla. App. LEXIS 122, 2007 WL 45838

CourtDistrict Court of Appeal of Florida

DecidedJanuary 9, 2007

DocketNo. 4D06-3761

StatusPublished

Cited by12 cases

This text of 947 So. 2d 606 (EHQF Trust v. S & A Capital Partners, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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EHQF Trust v. S & A Capital Partners, Inc., 947 So. 2d 606, 2007 Fla. App. LEXIS 122, 2007 WL 45838 (Fla. Ct. App. 2007).

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Opinion

ORDER

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 [607]*607attorney 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.

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ORDER

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 [607]*607attorney 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.

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947 So. 2d 606, 2007 Fla. App. LEXIS 122, 2007 WL 45838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ehqf-trust-v-s-a-capital-partners-inc-fladistctapp-2007.

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