Davis Floor Covering, Inc. v. Dir. , 2017 Ark. App. 581 ( 2017 )


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  •                                  Cite as 
    2017 Ark. App. 581
    ARKANSAS COURT OF APPEALS
    DIVISION II
    No.E-17-248
    DAVIS FLOOR COVERING, INC.                      Opinion Delivered:   November 1, 2017
    APPELLANT
    APPEAL FROM THE ARKANSAS
    V.                                              BOARD OF REVIEW
    [NO. 2017-BR-00735]
    DIRECTOR, DEPARTMENT OF
    WORKFORCE SERVICES, AND
    ROBERT HOYL
    APPELLEES APPEAL DISMISSED
    KENNETH S. HIXSON, Judge
    Appellant Davis Floor Covering, Inc. (“Davis Floor, Inc.”), appeals from the
    Arkansas Board of Review’s June 15, 2017 decision, affirming the Arkansas Appeal Tribunal
    and finding that the claimant, Robert Hoyl, was entitled to benefits because he was
    discharged from employment for reasons other than misconduct connected with the work.
    We dismiss due to a lack of jurisdiction.
    On June 26, 2017, Davis Floor, Inc., filed its petition for appeal with this court. The
    appellant was not represented by an attorney, and the owner of the corporation, John Davis,
    signed the petition for appeal with this court. It is well-settled law that corporations must
    be represented by licensed attorneys. Smithco Invs. of W. Memphis, Inc. v. Morgan Keegan &
    Co., 
    370 Ark. 477
    , 
    261 S.W.3d 454
    (2007). Furthermore, our supreme court has held that
    where a party not licensed to practice law in this state attempts to represent the interests of
    others by submitting himself or herself to jurisdiction of a court, those actions, such as the
    Cite as 
    2017 Ark. App. 581
    filing of pleadings, are rendered a nullity. 
    Id. Here, Davis
    is not an attorney and may not
    represent the corporation, Davis Floor, Inc., in this case. 
    Id. Our case
    law makes it clear
    that invoking the process of a court of law constitutes the practice of law. Bank of Fayetteville
    NA v. Dir., 
    2016 Ark. App. 96
    ; Stephens Prod. Co. v. Bennett, 
    2015 Ark. App. 617
    . Because
    Davis 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.
    GRUBER, C.J., and MURPHY, J., agree.
    No briefs filed.
    2
    

Document Info

Docket Number: E-17-248

Citation Numbers: 2017 Ark. App. 581

Judges: Kenneth S. Hixson

Filed Date: 11/1/2017

Precedential Status: Precedential

Modified Date: 11/1/2017