Court of Appeals

Decision Information

Decision Content

Cite as 2017 Ark. App. 549 ARKANSAS COURT OF APPEALS

HARVEST RICE, INC. APPELLANT V. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES, AND PATRICIA OSWALD APPELLEES

DIVISION IV No. E-17-229 Opinion Delivered: October 25, 2017 APPEAL FROM THE ARKANSAS BOARD OF REVIEW [NO. 2017-BR-00492]

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

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.