Harvest Rice v. Dir. ( 2017 )


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  •                                    Cite as 
    2017 Ark. App. 549
    ARKANSAS COURT OF APPEALS
    DIVISION IV
    No. E-17-229
    Opinion Delivered: October   25, 2017
    HARVEST RICE, INC.
    APPELLANT
    APPEAL FROM THE ARKANSAS
    V.                                                  BOARD OF REVIEW
    [NO. 2017-BR-00492]
    DIRECTOR, DEPARTMENT OF
    WORKFORCE SERVICES, AND
    PATRICIA OSWALD
    APPELLEES
    APPEAL DISMISSED
    BART F. VIRDEN, Judge
    Appellant Harvest Rice, Inc. (Harvest Rice) appeals from the Arkansas Board of
    Review’s May 8, 2017 decision, reversing the Appeal Tribunal and finding that the claimant,
    Patricia Oswald, was entitled to benefits because she was discharged from last work for
    reasons other than misconduct. We dismiss due to a lack of jurisdiction.
    Harvest Rice filed its petition for appeal with this court on June 9, 2017. The notice
    of appeal was not signed by an attorney but instead was signed by Harvest Rice’s Co-
    President and CEO, Patrick Casserly.
    It is well-settled law that corporations must be represented by licensed attorneys.
    Bank of Fayetteville NA v. Dir., 
    2016 Ark. App. 96
    . Furthermore, our supreme court has
    held that when a party not licensed to practice law in this state attempts to represent the
    interests of others by submitting himself or herself to the jurisdiction of a court, those
    actions, such as the filing of pleadings, are rendered a nullity. 
    Id. Cite as
    2017 Ark. App. 549
    
    Here, Casserly indicated on the Petition for Review that Harvest Rice was not
    represented by an attorney, and he signed the petition. Because Casserly is not an attorney,
    he may not represent Harvest Rice in this case. 
    Id. Our case
    law makes it clear that invoking
    the process of a court of law constitutes the practice of law. Steel v. Dir., 
    2016 Ark. App. 377
    . Because Casserly was practicing law when he signed the petition, the petition is null
    and void. 
    Id. As a
    result, we lack jurisdiction and dismiss this appeal.
    Appeal Dismissed.
    KLAPPENBACH and BROWN, JJ., agree.
    No briefs filed.
    2
    

Document Info

Docket Number: E-17-229

Judges: Bart F. Virden

Filed Date: 10/25/2017

Precedential Status: Precedential

Modified Date: 10/25/2017