Summary
The Texas Court of Appeals, Third District, dismissed the appeal for want of prosecution after the pro se trustee of a trust failed to obtain counsel and file an amended notice of appeal. The court held that a trustee may not represent a trust pro se and that a nonattorney’s filing of documents on behalf of a trust constitutes unauthorized practice of law.
Holdings
- A trustee may not appear pro se in a representative capacity on behalf of a trust; a licensed attorney must represent the trust.
- The appeal must be dismissed for want of prosecution when no attorney files the required amended notice of appeal on behalf of the trust and the trustee does not respond.
Questions Presented
- Whether a trustee may represent a trust pro se in an appeal.
- Whether the appeal should be dismissed when no licensed attorney files an amended notice of appeal on behalf of the trust after the court directs that one be filed.
Disposition
dismissed
Cases Cited (4)
- Lorie Bernice Sharpe Tr. v. Phung, 622 S.W.3d 929, 929 (Tex. App.—Austin 2021, no pet.)(followed)
- In re Guetersloh, 326 S.W.3d 737, 739-40 (Tex. App.—Amarillo 2010, orig. proceeding)(followed)
- Steele v. McDonald, 202 S.W.3d 926, 928 (Tex. App.—Waco 2006, no pet.)(followed by analogy)
- Jimison v. Mann, 957 S.W.2d 860, 861 (Tex. App.—Amarillo 1997, order) (per curiam)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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