Elm Children's Educational Trust v. Wells Fargo Bank, N.A.
2014 Tenn. App. LEXIS 821
| Tenn. Ct. App. | 2014Background
- ELM Children’s Educational Trust sued Wells Fargo over foreclosure; initial complaint signed by John Threadgill, then a licensed Tennessee attorney.
- Threadgill was disbarred in July 2012; the Trust was represented by counsel at the trial-court summary-judgment hearing.
- The trial court entered summary judgment for Wells Fargo on October 18, 2013.
- On November 8, 2013, a Notice of Appeal was filed listing the appellant as the Trust; the Notice was signed by John Threadgill, Trustee (not listed as an appellant and not an attorney).
- The Court of Appeals issued a show-cause order questioning whether a non-attorney trustee may sign pleadings or appeals on behalf of a trust; the Trust did not adequately respond.
- The Court held that a non-attorney trustee cannot represent a trust in Tennessee courts and dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a non‑attorney trustee may represent a trust on appeal | Threadgill: federal cases cited are inapplicable; he (as trustee) filed the appeal and should be permitted to do so | Bank: a non‑attorney cannot represent an artificial entity; such representation would be unauthorized practice of law | A non‑attorney trustee may not represent a trust; the Notice of Appeal signed by Threadgill was insufficient and appeal dismissed |
| Whether the Notice of Appeal invoked appellate jurisdiction | Trust: Notice filed by trustee should suffice | Bank: Notice must be signed by an attorney or by the party; a trust is not an individual party who can appear pro se | Because the Trust is an artificial entity and the notice lacked an attorney signature, jurisdiction was not invoked |
| Applicability of Tenn. R. Civ. P. 11 signature requirements | Trust: procedural rules or trial‑level counsel make the issue inappropriate at appellate stage | Bank: Rule 11 requires pleadings be signed by attorney or, if unrepresented, by the party; a trust cannot sign pro se through a non‑attorney | Rule 11 applied; the notice was invalid without counsel’s signature |
| Whether federal authority is persuasive on trustee representation | Trust: federal decisions irrelevant to Tennessee procedure | Bank/Court: federal cases persuasive analogies to corporate representation rules | Court found federal authority persuasive and adopted analogous reasoning to Tennessee law |
Key Cases Cited
- Old Hickory Eng’g & Mach. Co. v. Henry, 937 S.W.2d 782 (Tenn. 1996) (non‑attorney corporate officer cannot represent corporation; unauthorized practice of law concern)
- Knoefler v. United Bank of Bismarck, 20 F.3d 347 (8th Cir. 1994) (non‑attorney trustee may not represent trust pro se in federal court)
- Third Nat’l Bank in Nashville v. Celebrate Yourself Prods., Inc., 807 S.W.2d 704 (Tenn. Ct. App. 1990) (refusing non‑attorney shareholders’ representation of corporation; due‑process argument rejected)