TTEE
v.
LEWIS
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A trustee of an artificial entity (trust) attempted to sue pro se in federal court. The district court dismissed the complaint without prejudice because trusts cannot appear pro se and must be represented by counsel.
A trust, as an artificial entity, cannot appear pro se and must be represented by counsel. Therefore, the Motion to Dismiss was granted and the complaint was dismissed without prejudice.
“An artificial entity such as a "trust cannot appear pro se and must be represented by counsel."”
Establishes the core legal rule that trusts cannot litigate without attorney representation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff M.L. Warrant filed suit as trustee of the Sovo Trust Foundation. The defendant filed a Motion to Dismiss, to which the plaintiff did not res…
The full statement of facts, procedural history, and disposition for this case are member content.
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THIS CAUSE is before the Court on Defendant's Motion to Dismiss (DE [17]) filed on August 6, 2024. No response to the motion has been filed and, therefore, the motion may be granted by default. See Local Rule 7.1(c)(1) (failure to respond to a motion within 14 days "may be deemed sufficient cause for granting the motion by default").
The Court will address one issue raised by Defendant and that is Plaintiff's pro se status. Plaintiff M.L. Warrant is suing as the trustee of the Sovo Trust Foundation. (DE [1]). An artificial entity such as a “trust cannot appear pro se and must be represented by counsel." J.J. Rissell, Allentown, PA Tr. V. Marchelos, 976 F. 3d 1233, 1235 (11th Cir. 2020); Chase Bank USA, N.A. v. Jacucci, 2020 WL 10229080, at *1 (S.D. Fla. Jan. 17, 2022). The Trust plaintiff is not represented by counsel in this action and has not responded to Defendant's Motion to Dismiss. Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant's Motion to Dismiss (DE [17]) is GRANTED. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending motions. Plaintiff may file an Amended Complaint by September 13, 2024. Plaintiff may only appear
through an attorney who is a member of the Southern District of Florida Bar or who files a properly supported Motion to Appear Pro Hac Vice.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 26th day of August 2024.
RAAG SINGHAL UNITED STATES DISTRICT JUDGE
Copies furnished counsel via CM/ECF And by US Mail to:
M.L. Warren pro se PO Box 122432 Fort Worth TX 76121
2
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Citator
Cited By
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Ttee v. Lewis, 2020 WL 10229080 (S.D. Fla. 2024)…e Sovo Trust Foundation. (DE [1]). An artificial entity such as a “trust cannot appear pro se and must be represented by counsel.” J.J. Rissell, Allentown, PA Tr. V. Marchelos, 976 F. 3d 1233, 1235 (11th Cir. 2020); Chase Bank USA, N.A. v. Jacucci, 2020 WL 10229080, at *1 (S.D. Fla. Jan. 17, 2022). The Trust plaintiff is not represented by counsel in this action and has not responded to Defendant’s Motion to Dismiss. Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss (…
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Dey v. JP Morgan Chase Bank & Co. (M.D. Fla. 2025)…1654, it is well settled that business entities cannot.” Danny Lewis Boykins Express Trust v. Gunn, Case No. 8:22-cv-54-MSS-TGW, 2022 WL 3099069, at *1 (M.D. Fla. Jan. 12, 2022) (quoting Chase Bank USA, N.A. v. Jacucci, Case No. 19-cv-62318-SINGHAL, 2020 WL 10229080, at *1 (S.D. Fla. Jan. 17, 2020)).2 Accordingly, the Complaint is due to be dismissed on the grounds that Dey, proceeding pro se, cannot represent the Trust in this action.3 Although the Motion is due to be granted on this basis, the Court find…1 / 2
Authorities Cited
- J.J. Rissell v. Spiro Marchelos, 976 F.3d 1233 (11th Cir. 2020)
- Ttee v. Lewis, 2020 WL 10229080 (S.D. Fla. 2024)