JENNIFER M. RIVERA-WAGNER, as Trustee of the ADIELLA FAITH LIVING ESTATE TRUST v. SAMUEL WAYNE WAGNER
CourtDistrict Court of Appeal of Florida
Date FiledOctober 23, 2026
Docket6D2026-2636
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2026-2636
Lower Tribunal No. 2026-CA-004081
_____________________________
JENNIFER M. RIVERA-WAGNER, as Trustee of the ADIELLA FAITH LIVING ESTATE TRUST,
Petitioner,
v.
SAMUEL WAYNE WAGNER,
Respondent.
_____________________________
Petition for Writ of Certiorari to the Circuit Court for Polk County.
Keith P. Spoto, Judge.
October 23, 2026
GANNAM, J.
Petitioner, appearing pro se and “in her capacity as Trustee of the Adiella Faith
Living Estate Trust,” seeks certiorari review of an order requiring her to retain legal
counsel to represent the trust in proceedings in the lower tribunal and an order
striking her pro se filings in violation of the retention order. Petitioner is not an
attorney and, therefore, cannot represent the trust in court proceedings because doing
so would constitute the unauthorized practice of law. See Gonzalez v. Lagrasse, 51
Fla. L. Weekly D1771, 2026 WL 2507857 (Fla. 6th DCA Aug. 26, 2026). Petitioner
argues, as she did below, that the trust instrument prohibits attorney representation
of the trust. But the terms of a trust instrument cannot legally authorize trust
representation—i.e., the practice of law—by a non-attorney. See Art. V, § 15, Fla.
Const. (“The supreme court shall have exclusive jurisdiction to regulate the
admission of persons to the practice of law and the discipline of persons admitted.”);
Fla. Bar v. TIKD Servs. LLC, 326 So. 3d 1073, 1077 (Fla. 2021) (“Included within
this constitutional mandate is the authority to define what constitutes the practice of
law, as well as the authority to regulate the activities of persons admitted or
authorized to so practice.”).
PETITION DISMISSED.
NARDELLA and PRATT, JJ., concur.
Jennifer M. Rivera-Wagner, Lakeland, pro se.
No Appearance for Respondent.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
2