ELM CHILDREN’S EDUCATIONAL TRUST v. WELLS FARGO BANK, N.A. - Articles

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ELM CHILDREN’S EDUCATIONAL TRUST v. WELLS FARGO BANK, N.A.

Posted by: Tanja Trezise on Dec 17, 2014

Court: TN Court of Appeals

Attorneys 1:

ELM Children’s Educational Trust.

Attorneys 2:

Summer H. McMillan, Knoxville, Tennessee, for the appellee, Wells Fargo Bank, N.A.

Judge(s): SWINEY

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 appeal, therefore, is dismissed for lack of jurisdiction.

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