Legal Opinion

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

District Court of Appeal of Florida

Decided January 9, 2007No. 4D06-3761PublishedCited by 13 opinions

1Opinion of the Court

ORDER

2Per 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);…

3Cases cited6 opinions

  1. In Re the Unauthorized Practice of Law of EllisHawaii Supreme Court · 1971
  2. Ziegler v. NickelCalifornia Court of Appeal · 1998
  3. Back Acres Pure Trust v. FahnlanderNebraska Supreme Court · 1989
  4. Beaudoin v. KibbieWyoming Supreme Court · 1995
  5. Life Science Church v. Shawano CountyCourt of Appeals of Wisconsin · 1998

1 more not listed; retrieve them via the Exa API.

4Cited by13 opinions

  1. J.J. Rissell, Allentown PA, Trust v. Spiro MarchelosCourt of Appeals for the Eleventh Circuit · 2020
  2. Delaware Valley Landscape Stone v. RRQ, LLCSuperior Court of Pennsylvania · 2022
  3. Lavine v. JPMorgan Chase BankDistrict Court of Appeal of Florida · 2017
  4. ALEXANDER ELLIOTT GONZALEZ, Individually, and as Trustee of the ALEXANDER ELLIOTT GONZALEZ TRUST v. JOSEPH D. LAGRASSE and THE LAGRASSE LLC and VALUE STORE IT SELF STORAGE, LLCDistrict Court of Appeal of Florida · 2026
  5. Cassidy v. Citrus County Mosquito Control DistrictDistrict Court, M.D. Florida · 2025

8 more not listed; retrieve them via the Exa API.

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