Background
Alexander Elliott Gonzalez, acting pro se individually and as trustee of the Alexander Elliott Gonzalez Trust, filed an emergency petition for certiorari or alternative emergency review of a nonfinal order from the Osceola County Circuit Court.
The petition sought review of an order denying relief concerning property Gonzalez asserted belonged to the trust. The petition did not identify the lower-court judge and did not include the appendix required for certiorari review. According to Gonzalez, the lower court had denied relief without prejudice because of his unauthorized representation of the trust.
The Court’s Holding
The Sixth District dismissed the petition because Gonzalez, who was not an attorney, could not represent the trust pro se. Although a natural person may represent himself in court, a trust is an artificial legal entity that must appear through licensed counsel.
Representing the trust would mean representing interests other than Gonzalez’s own, and thus would constitute the unauthorized practice of law. The court noted that its dismissal did not prevent Gonzalez from retaining licensed Florida counsel to seek relief for the trust in the trial court.
Key Takeaways
- A nonlawyer trustee may not appear pro se for a trust.
- A person may represent only his own interests without counsel, not those of a separate artificial entity.
- The dismissal leaves the trust free to pursue relief through licensed Florida counsel.
Why It Matters
The decision reinforces that trusts, like corporations, must be represented by lawyers in Florida courts. Parties seeking appellate or extraordinary review for a trust should ensure that a licensed attorney signs and files the petition.