In Re Guetersloh

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that nonattorney trustee who was also trust beneficiary could not act pro se to represent trust in court
• concluding nonattorney’s appearance in trial court on behalf of trust amounted to unauthorized practice of law
• concluding nonattorney’s appearance in trial court on behalf of trust amounted to unauthorized practice of law
• concluding nonattorney’s appearance in trial court on behalf of trust amounted to unauthorized practice of law
• holding, by analogy to case law prohibiting non-attorney from appearing pro se in his capacity as executor of estate, that trustee of a trust is likewise not the real party in interest in a suit brought to terminate and distribute the proceeds of the trust
• “[I]f a non-attorney trustee appears in court on behalf of the trust, he or she necessarily represents the interests of others, which amounts to the unauthorized practice of law.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

28 cases in this archive cite this case; the 20 most cited are listed.

• Hollis v. Lynch
  N.D. Texas· 2015-08-07· cited 9×
• Mayer v. Lindenwood Female College
  Missouri Court of Appeals· 2014-11-18· cited 5×
• Unnamed case
  Missouri Court of Appeals· 2014-11-18
• in Re Pedro Palomo Lucio
  Tex. App. Ct., 3rd Dist. (Austin)· 2012-02-23
• in Re Thomas Hollowell
  Tex. App. Ct., 3rd Dist. (Austin)· 2012-01-11
• in Re Kevin Bates
  Tex. App. Ct., 14th Dist. (Houston)· 2013-05-14
• in Re Tom Castilleja, Relator
  Tex. App. Ct., 7th Dist. (Amarillo)· 2014-06-18
• in Re Don Smith, Relator
  Tex. App. Ct., 7th Dist. (Amarillo)· 2013-12-17
• in Re Rene Rivas Jr.
  Tex. App. Ct., 13th Dist.· 2014-11-13
• in Re Cesar Mendez, Relator
  Tex. App. Ct., 7th Dist. (Amarillo)· 2013-07-29
• in Re Donald Ray Mason, Relator
  Tex. App. Ct., 7th Dist. (Amarillo)· 2013-07-26
• Tony Smith v. Ron Philley and Lynda Philley
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2014-01-30
• Ofelia D. Garcia v. Carlos Alfredo Cerda and Eliseo Cerda, Jr.
  Tex. App. Ct., 7th Dist. (Amarillo)· 2012-09-27
• Rowland Martin, Jr. v. Edward L. Bravenec and 1216 West Ave., Inc.
  Tex. App. Ct., 4th Dist. (San Antonio)· 2015-04-23
• in Re Debra v. Benge
  Tex. App. Ct., 13th Dist.· 2018-07-03
• Mark A. Gomez, of the Estate of Aurelio Rafael Gomez, M.D. v. Andrea Gomez Smith and Matthew Eric Gomez, M.D.
  West Virginia Supreme Court· 2020-05-26
• in Re Caleb Logan Hart, Relator
  Tex. App. Ct., 7th Dist. (Amarillo)· 2020-09-29
• Misty Trust and Jerry Hofrock v. John Jellison
  Tex. App. Ct., 3rd Dist. (Austin)· 2021-04-30
• Brian A. Smale v. Glen Thurman, A/K/A Glen Thurman Builder, Inc., A/K/A Rose Hill Springs Development, LLC and Wood County Commissioner's Court
  Tex. App. Ct., 12th Dist. (Tyler)· 2021-11-03
• Aakil Holdings Trust / Raymond Groves, Norris Groves v. 2011 Homes, LLC
  Tex. App. Ct., 1st Dist. (Houston)· 2022-08-23

Cites

12 cases in this archive are cited by this case.

• Walker v. Packer
  Texas Supreme Court· 1992-05-07· cited 8,808×
• Barnes v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1992-06-12· cited 1,088×
• Safety-Kleen Corp. v. Garcia
  Tex. App. Ct., 4th Dist. (San Antonio)· 1997-04-17· cited 474×
• Huie v. DeShazo
  Texas Supreme Court· 1996-06-28· cited 455×
• Stoner v. Massey
  Texas Supreme Court· 1979-06-13· cited 351×
• Eli Lilly and Co. v. Marshall
  Texas Supreme Court· 1992-04-29· cited 262×
• Kunstoplast of America, Inc. v. Formosa Plastics Corp.
  Texas Supreme Court· 1997-02-21· cited 240×
• Werner v. Colwell
  Texas Supreme Court· 1995-10-05· cited 240×
• Republican Party of Texas v. Dietz
  Texas Supreme Court· 1997-02-28· cited 227×
• Ziegler v. Nickel
  California Court of Appeal· 1998-06-04· cited 31×
• Steele v. McDonald
  Court of Appeals of Texas· 2006-10-18· cited 29×
• Smith v. Wayman
  Texas Supreme Court· 1949-11-02· cited 20×