Legal Opinion

Elm Children's Educational Trust v. Wells Fargo Bank, N.A.

Court of Appeals of Tennessee

Decided December 17, 2014No. E2013-02482-COA-R3-CVPublishedCited by 17 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · SwineyD. Michael Swiney, J.

in which J. Steven Stafford, P.J., W.S., and Kenny W. Armstrong, J. joined.

This Court entered an order in September of 2014 directing ELM Children’s Educational Trust (“the Trust”) to show good cause why this appeal should not be dismissed for lack of jurisdiction because the Notice of Appeal was signed by a non-attorney, non-party. The Trust failed to show good cause. We hold that a non-attorney trustee may not represent a purportedly pro se trust. As such, the Notice of Appeal signed by the non-attorney trustee was insufficient to initiate an appeal on behalf of the Trust. This…

3Cases cited5 opinions

  1. Old Hickory Engineering & MacHine Co. v. HenryTennessee Supreme Court · 1996
  2. State ex rel. Loser v. National Optical Stores Co.Tennessee Supreme Court · 1949
  3. State Ex Rel. v. Retail Credit Men's Ass'nTennessee Supreme Court · 1931
  4. Haverty Furniture Co. v. FoustTennessee Supreme Court · 1939
  5. Third National Bank v. Celebrate Yourself Productions, Inc.Court of Appeals of Tennessee · 1990

4Cited by17 opinions

  1. Linda Beard v. James William BransonTennessee Supreme Court · 2017
  2. Schaake v. City of LawrenceCourt of Appeals of Kansas · 2021
  3. Anthony T. Grose v. David KustoffCourt of Appeals of Tennessee · 2022
  4. Aurora Loan Services LLC v. Linda S. ElamCourt of Appeals of Tennessee · 2016
  5. Charles Ray Faubion v. Charles SigersethCourt of Appeals of Tennessee · 2019

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