Knoefler v. United Bank of Bismarck
Decision Date | 13 May 1994 |
Docket Number | 93-1858 and 93-1859,Nos. 93-1844,s. 93-1844 |
Citation | 20 F.3d 347 |
Parties | -1745 Ray KNOEFLER and Ray Knoefler, d/b/a Knoefler Honey Farms, Appellants, v. UNITED BANK OF BISMARCK and United States of America, Appellees. Golden HONEY, By and Through Greg SHEPHERD, Trustee, Appellant, v. UNITED BANK OF BISMARCK and United States of America, Appellees. CROUSE 05-27K, By and Through Bob J. SMITH, Appellant, v. UNITED BANK OF BISMARCK and United States of America, Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
David L. Peterson and Gerry Gunderson, Bismarck, ND, for United Bank of Bismarck.
Michael L. Paup, Gary R. Allen, William S. Estabrook, and Paula K. Speck, Washington, DC, for U.S.
Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HANSEN, Circuit Judge.
Each of the appellants seeks to appeal each of three separate judgments rendered in the United States District Court 1 for the District of North Dakota. One judgment was in favor of the United Bank of Bismarck (the Bank) in its wrongful levy suit against the United States; the second was in favor of the United States in an interpleader action brought to determine rights to certain fire insurance proceeds; and the third judgment dismissed as moot a declaratory judgment action brought by the Bank against these appellants and others seeking to establish lien priorities with respect to other property.
We dismiss the appeals in Nos. 93-1858 and 93-1859 for the reason that those appeals are brought by the trustees of "Crouse 05-27K" and "Golden Honey" or "Knoefler Honey Farms (a Trust)" acting pro se. None of the appellant trusts is represented in this court by a licensed member of the bar. Both the notices of appeal and the briefs in these appeals were signed by trustees acting pro se. A nonlawyer, such as these purported "trustee(s) pro se" has no right to represent another entity, i.e., a trust, in a court of the United States. C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697-98 (9th Cir.1987) (); 28 U.S.C. Sec. 1654.
We also dismiss No. 93-1844 brought by Ray Knoefler, an individual. While Mr. Knoefler does not suffer from the same legal disability as the purported trustees, he cannot appeal the district court's judgment in the wrongful levy...
To continue reading
Request your trial-
Carmichael ex rel. Stars in the Sky Tr. v. Cnty. of San Diego
...corporate person, and as such must be represented by counsel - not by a pro se trustee - to proceed before thisCourt. Knoefler v. United Bank of Bismarck, 20 F.3d 347 (8th Cir. 1994); accord Alpha Land Co. v. Little, 238 F.R.D. 497, 502 (E.D. Cal. 2006). b. The Court Declines to Hear this C......
-
In re McConnell
...976 F. 3d 1233 (11th Cir. 2020) (trust); Guest v. Hansen, 603 F.3d 15 (2d Cir. 2010) (estate); Knoefler v. United Bank of Bismarck, 20 F.3d 347 (8th Cir. 1994) (trust); C.E. Pope Equity Trust v. United States, 818 F.2d 696 (9th Cir. 1987) (trust). 54. § 323(a). 55. Section 35 of what is kno......
-
Lee v. Cleve Her Many Horses
...to represent themselves, they are not permitted to represent others, whether individuals or associations. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 348 (8th Cir. 1994) ("A nonlawyer, such as these purported 'trustee(s) pro se' has no right to represent another entity, i.e., a trust,......
-
United States v. Wicks
...represent a corporation in federal court. Steele v. City of Bemidji, 257 F.3d 902, 905 (8th Cir. 2001). See Knoefler v. United Bank of Bismarck, 20 F.3d 347, 348 (8th Cir. 1994) ("A nonlawyer, such as these purported 'trustee(s) pro se' has no right to represent another entity, i.e., a trus......
-
A Guide to the Small Business Reorganisation Act of 2019.
...than through a licensed attorney."). (74) Eg., Guest v. Hansen, 603 F.3d 15 (2d Cir. 2010) (estate); Knoefler v. United Bank of Bismarck, 20 F.3d 347 (8th Cir. 1994) (trust); C.E. Pope Equity Trust v. United States, 818 F.2d 696 (9th Cir. 1987) (75) 11 U.S.C. [section] 323(a) (2018). (76) S......