Opinion

Bank of Fayetteville v. Dir.

  • 2016 Ark. App. 96
Court
Court of Appeals of Arkansas
Filed
Feb 10, 2016
Status
Published
On the bench
Cliff Hoofman
Cited by
5 cases
Authority
More cited than 83.0%

The opinion

Cite as 2016 Ark. App. 96

ARKANSAS COURT OF APPEALS

DIVISION I

No. E-15-630

THE BANK OF FAYETTEVILLE NA Opinion Delivered February 10, 2016

APPELLANT

V. APPEAL FROM THE ARKANSAS

BOARD OF REVIEW

[NO. 2015-BR-01711]

DIRECTOR, DEPARTMENT OF

WORKFORCE SERVICES, and FRED

TANNER

APPELLEES APPEAL DISMISSED

CLIFF HOOFMAN, Judge

Appellant the Bank of Fayetteville NA (“Bank of Fayetteville”) appeals from the

Arkansas Board of Review’s September 18, 2015 decision, reversing the Appeal Tribunal and

finding that the claimant, Fred Tanner, 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 October 16, 2015, Bank of Fayetteville filed its petition for appeal with this court.

Although appellant has been represented by an attorney at all stages of this case, the executive-

vice president, Robert King, 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,

Cite as 2016 Ark. App. 96

those actions, such as the filing of pleadings, are rendered a nullity. Id. Here, King is not an

attorney and may not represent Bank of Fayetteville in this case. Id. Our case law makes it

clear that invoking the process of a court of law constitutes the practice of law. Stephens Prod.

Co. v. Bennett, 2015 Ark. App. 617. Because King 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 and WHITEAKER, JJ., agree.

Peel Law Firm, P.A., by: Dustin K. Doty, for appellant.

Phyllis Edwards, Associate General Counsel, for appellee.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.