Kerrin Friedman, Etc. v. Bobbi Ring, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledNovember 12, 2026
Docket3D2025-2167
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed November 12, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D25-2166, 3D25-2167,
3D25-2168 & 3D25-2169
Lower Tribunal Nos. 23-5458-CP-02, 25-3363-CP-02,
25-562-CP-02 & 25-3388-CP-02
________________
Kerrin Friedman, etc.,
Appellant,
vs.
In Re: Estate of Bonny L. Wax, et al.,
Appellees.
Appeals from the Circuit Court for Miami-Dade County, Nushin G.
Sayfie, Judge.
Gilbert & Smallman PLLC, and Harris W. Gilbert (Hollywood), for
appellant.
The Billbrough Firm, P.A., and G. Bart Billbrough, for appellees.
Before SCALES, C.J., and LOBREE and GOODEN, JJ.
SCALES, C.J.
Appellant Kerrin Friedman has filed four separate appeals challenging
orders entered in four probate and trust cases. One of the challenged orders
removes Appellant as the personal representative of the estate of her
mother, Bonny L. Wax (3D25-2166), and the other three orders remove her
as the trustee of three trusts related to her siblings: the Bobbi Ring Trust
(3D25-2167), the Adam Wax Trust (3D25-2168), and the Credit Shelter Trust
(25-2169) (collectively, the “removal orders”). We have consolidated the four
appeals, and affirm all four removal orders.
Consistent with the rules of probate mandating that an estate’s
personal representative must retain counsel,1 the probate court entered an
April 17, 2025 order in the estate case requiring pro se Appellant to obtain
counsel within thirty days. Instead of complying with the order, Appellant did
not retain counsel and proceeded pro se not only in in the estate case, but
also in this Court2 and in Federal Court.3
1
See Fla. Prob. R. 5.030(a).
2
Friedman v. In Re: Estate of Bonny L. Wax, 3D25-1451; Friedman v. In Re:
Estate of Bonny L. Wax, 3D25-1403; Friedman v. In Re: Estate of Bonny L.
Wax, 3D25-1381.
3
Friedman v. State of Fla., Eleventh Jud. Cir., et al., No. 25-cv-23043-LMR
(S.D. Fla. July 7, 2025).
2
Then, consistent with well-settled Florida law preventing a non-lawyer
trustee from representing the interests of a trust in litigation,4 the probate
court entered a July 3, 2025 order barring Appellant from self-representation
as the trustee in the Adam Wax Trust case. Instead of complying with the
order, Appellant continued to submit pro se filings as trustee in the Adam
Wax Trust case, and Appellant commenced litigating pro se in the
subsequently filed Bobbi Ring Trust and Credit Shelter Trust cases.
At a September 16, 2025 hearing, the probate court announced it
would remove Appellant as personal representative in the estate case and
as trustee in each of the three trust cases for, among other things,
Appellant’s unauthorized self-representation.5 The probate court followed its
4
A non-lawyer trustee engages in the unauthorized practice of law when
attempting to represent the interests of a trust in litigation. EHQF Tr. v. S &
A Cap. Partners, Inc., 947 So. 2d 606, 606 (Fla. 4th DCA 2007); see Darst
ex rel. G.A. Darst Equity Tr. v. W. Coast Grp. Enters., LLC, 380 So. 3d 510,
511 (Fla. 2d DCA 2024) (dismissing an appeal brought pro se by a trustee
suing in his trustee capacity because trustee was not an attorney).
5
In each of the three trust cases, Appellees (the Estate, Adam Wax and
Bobbi Ring) sought the removal of Appellant as trustee based on multiple
allegations of misconduct. We need not, and therefore do not, express any
opinion on the merits of these misconduct allegations. Even without the
misconduct allegations asserted in Appellees’ motions, the probate court had
sufficient grounds, on its own, to enter the removal orders because of
Appellant’s unauthorized self-representation.
3
oral pronouncement at the hearing by entering the challenged, post-hearing
removal orders.
On appeal, Appellant asserts that the probate court lacked the
statutory authority to remove her from her positions as a personal
representative and a trustee. She also argues that the probate court deprived
her of due process at the September 16th hearing.
Appellant’s arguments are without merit. As for due process, Appellant
received notice of the September 16th hearing and, at the hearing, had an
opportunity to be heard. See Volynsky v. Park Tree Invs. 21, LLC, 322 So.
3d 714, 715 (Fla. 3d DCA 2021) (“The specific parameters of the notice and
opportunity to be heard required by procedural due process are not
evaluated by fixed rules of law, but rather by the requirements of the
particular proceeding.” (quoting Massey v. Charlotte Cnty., 842 So. 2d 142,
146 (Fla. 2d DCA 2003))).
As to the probate court’s authority to enter the removal orders, Florida
Probate Rule 5.030(a) unambiguously requires a personal representative of
an estate to be represented by a Florida attorney, unless the personal
representative remains the sole interested person; and, the probate court on
its own motion may remove a personal representative. See Fla. Prob. R.
5.440(a). Furthermore, the probate court has statutory authority to remove a
4
personal representative for violating a court order, which Appellant did in the
estate case when she defied the April 17th order requiring her to retain
counsel. See § 733.504(3), Fla. Stat. (2025). Similarly, the probate court,
on its own initiative, had a statutory basis for removing Appellant as trustee
in the trust cases for Appellant’s continued, unauthorized practice of law. See
§ 736.0706(1), (2)(a)-(b), Fla. Stat. (2025).
Accordingly, the probate court did not abuse its discretion in removing
Appellant as both personal representative and trustee. See Gnaegy v.
Morris, 389 So. 3d 642, 646 (Fla. 3d DCA 2023).
Affirmed.
5