No. 22-7737

Stewart Hines v. Gwendolen Cleopha Nelson

Lower Court: South Dakota
Docketed: 2023-06-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure beneficiary-standing civil-procedure pro-se pro-se-litigation real-party-in-interest rule-60b-motion standing trust-beneficiary trust-representation trust-trustee trustee-rights
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether the sole beneficiary and sole trustee of a trust is the real party interest and can represent that trust pro se?

2. Whether the sole beneficiary and sole trustee have a statutory right to file a motion under the Federal Rules of Civil Procedure Rule 60(b) with the Circuit Court as a non-original party and statutory right to appeal the denial thereof.

Question Presented (AI Summary)

Whether the sole beneficiary and sole trustee of a trust is the real party interest and can represent that trust pro se?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-16
Waiver of right of respondent Gwendolen Nelson to respond filed.
2023-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2023)

Attorneys

Gwendolen Nelson
Kevin J. LoftusKennedy Pier Loftus & Reynolds, LLP, Respondent
Stewart Hines
Stewart Lyle Hines — Petitioner