Opinion

Stewart v. Korn

  • 738 So. 2d 778
  • 1998 Ala. LEXIS 12
  • 1998 WL 12622
Court
Supreme Court of Alabama
Filed
Jan 16, 1998
Status
Published
On the bench
Brown, Butts, Cook, Hooper, Houston, Kennedy, Lyons, Maddox, See, Shores
Cited by
17 cases

holding that an attempt by a non-attorney executrix, acting pro se, to represent the interest of an estate in a wrongful-death action constituted the unauthorized practice of law, and as such, the pro se complaint was a nullity

How later courts described this case

  • holding that an attempt by a non-attorney executrix, acting pro se, to represent the interest of an estate in a wrongful-death action constituted the unauthorized practice of law, and as such, the pro se complaint was a nullity
  • holding that Alabama law “prohibits a nonattorney executor or personal representative from representing an estate before a court of law. Thus, the complaint personally filed by Donna Stewart as executrix was a nullity.”
  • explaining that the right to represent oneself expressed in Article I, § 10, of the Constitution of Alabama of 1901, "does not extend to the representation of interests other than those of the pro se litigant"
  • holding that the personal representative of an estate, a nonattorney, could not file a complaint on behalf of the estate

Written by the judges who cited it.

The opinion

On Application for Rehearing

SEE, Justice.

APPLICATION OVERRULED.

HOOPER, C.J., and MADDOX, HOUSTON, LYONS, and BROWN, JJ., concur.

KENNEDY and COOK, JJ„ dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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