Opinion
2:24-cv-763-SPC-NPM
09-17-2024
BRIAN TASSINARI, Tassinari Family Irrevocable Trust-2013, Plaintiff, v. JOHN HANCOCK LIFE INSURANCE COMPANY and BROWN COMPANY INSURANCE AGENCY, Defendants.
OPINION AND ORDER
SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
This matter is before the Court after review of Plaintiff's response to the Court's show cause Order (Doc. 6). The Court reviewed the file and ordered Plaintiff to show cause why this action should not be dismissed given a trust must be represented by counsel. See J.J. Rissell, Allentown, PA Tr. v. Marchelos, 976 F.3d 1233, 1235 (11th Cir. 2020). In response, Plaintiff explains that he filed as the trustee of the trust, not the trust itself, and may represent the trust in that capacity. But this distinction was neither missed by the Court nor relevant. Regardless of whether a trustee may be the properly named plaintiff, “a nonlawyer trustee has no authority to represent a trust in court.” Id. at 1236. Such representation is tantamount to the unauthorized practice of law. Id. Plaintiff must obtain counsel.
Accordingly, it is now
ORDERED:
On or before November 18, 2024, Plaintiff must obtain counsel and file a notice of appearance. Failure to comply with this Order will result in dismissal without further notice.
DONE and ORDERED