Memphis Wrecking Co., Inc. v. Director, Department of Workforce Services; And Willie Cameron

2021 Ark. App. 29

• Court: Court of Appeals of Arkansas
• Decided: January 27, 2021
• Status: Published

Opinion

Cite as 2021 Ark. App. 29 Digitally signed by Elizabeth ARKANSAS COURT OF APPEALS Perry Date: 2022.08.19 10:46:06 DIVISION IV -05'00' No. E-20-181 Adobe Acrobat version: 2022.002.20191 Opinion Delivered January 27, 2021

MEMPHIS WRECKING CO., INC. APPEAL FROM THE ARKANSAS APPELLANT BOARD OF REVIEW [NO. 2020-BR-539] V.

DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES; AND WILLIE CAMERON APPELLEES APPEAL DISMISSED

BRANDON J. HARRISON, Chief Judge

Memphis Wrecking Co. appeals from the Arkansas Board of Review’s decision that

reversed the Arkansas Appeal Tribunal and found that the claimant, Willie Cameron, was

entitled to benefits because he left his work with good cause connected with the work. We

dismiss this appeal because we lack jurisdiction over it.

On 22 June 2020, Memphis Wrecking Co. filed its petition for appeal with this

court. The company was not represented by an attorney, and the CEO of the corporation,

Carol Williamson, signed the petition for appeal that was filed in this court. This presents

a critical problem because 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 when a party who is not licensed to practice

law in this state attempts to represent the interests of others by submitting himself or herself

1 to jurisdiction of a court, those actions, such as the filing of court papers, are null and void.

Id. Here, CEO Williamson is not an attorney and cannot therefore represent Memphis

Wrecking Co. in this case. The case law is clear: filing a paper that seeks to invoke the

judicial process is the practice of law. Bank of Fayetteville NA v. Dir., 2016 Ark. App. 96;

Stephens Prod. Co. v. Bennett, 2015 Ark. App. 617. Because Williamson was engaged in the

unauthorized practice of law when she signed the petition, the petition is null and void.

Therefore, we lack jurisdiction and dismiss this appeal.

Appeal dismissed.

KLAPPENBACH and BARRETT, JJ., agree.

Cynthia L. Uhrynowycz, Associate General Counsel, for appellee Director of Division

of Workforce Services.