Nirvana Med Spa v. Director, Division of Workforce Services

2024 Ark. App. 284

• Court: Court of Appeals of Arkansas
• Decided: May 1, 2024
• Status: Published

Opinion

Cite as 2024 Ark. App. 284 ARKANSAS COURT OF APPEALS DIVISION III No. E-23-149

Opinion Delivered May 1, 2024 NIRVANA MED SPA APPELLANT APPEAL FROM THE ARKANSAS BOARD OF REVIEW V. [NO. 2022-BR-02303] DIRECTOR, DIVISION OF WORKFORCE SERVICES APPELLEE DISMISSED

BART F. VIRDEN, Judge Appellant, Nirvana Med Spa, appeals from the Arkansas Board of Review’s March

30, 2023 decision finding that the claimant, Emily Benton, was entitled to unemployment

benefits because she quit her last work for good cause connected to the work. We dismiss

for lack of jurisdiction.

Nirvana Med Spa filed its petition for appeal with this court on April 13, 2023. The

notice of appeal was signed by Salman Hashmi. Hashmi is not an attorney licensed to

practice in Arkansas. It is well-settled law that corporations must be represented by licensed

attorneys. IHOP #1914 v. Dir., 2023 Ark. App. 102. 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. 1 In this matter, Hashmi indicated in the petition that Nirvana Med Spa was not

represented by an attorney, and he signed the petition. Because Hashmi is not an attorney,

he cannot represent Nirvana Med Spa in this case. Id. Our case law makes it clear that

invoking the process of a court of law constitutes the practice of law. Super 8 Motel v. Dir.,

2019 Ark. App. 555. Because Hashmi 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.

Dismissed.

HARRISON, C.J., and BARRETT, J., agree.

Salman Hashmi, on behalf of appellant.

Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.