Ihop 1914 v. Director, Department of Workforce Services ( 2023 )


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  •                                   Cite as 
    2023 Ark. App. 102
    ARKANSAS COURT OF APPEALS
    DIVISION I
    No. E-22-22
    Opinion Delivered February   22, 2023
    IHOP #1914
    APPELLANT
    APPEAL FROM THE ARKANSAS
    V.                                                BOARD OF REVIEW
    [NO. 2021-BR-03917]
    DIRECTOR, DEPARTMENT OF
    WORKFORCE SERVICES
    APPELLEE DISMISSED
    MIKE MURPHY, Judge
    Appellant IHOP #1914 (IHOP) appeals from the Arkansas Board of Review’s
    December 13, 2021 decision finding that the claimant, Tanaly Godwin, was entitled to
    benefits because she was discharged from last work for reasons other than misconduct. We
    dismiss due to a lack of jurisdiction.
    IHOP filed its petition for appeal with this court on January 10, 2022. The notice of
    appeal was signed by Angela Delt. Delt is not an attorney licensed to practice in Arkansas. 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 to the jurisdiction of a court, those actions, such as the filing of
    pleadings, are rendered a nullity. 
    Id.
    Here, Delt indicated on the petition for review that IHOP was not represented by an
    attorney, and she signed the petition. Because Delt is not an attorney, she may not represent
    IHOP 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 Delt was practicing
    law when she signed the petition, the petition is null and void. 
    Id.
     As a result, we lack
    jurisdiction and dismiss this appeal. See Super 8 Motel v. Dir., 
    2019 Ark. App. 555
    .
    Dismissed.
    VIRDEN and HIXSON, JJ., agree.
    Tanaly Goodwin, pro se appellant.
    Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.
    2
    

Document Info

Filed Date: 2/22/2023

Precedential Status: Precedential

Modified Date: 2/22/2023