CFO Network, LLC v. Dir., Dep't of Workforce Servs.

Full title: CFO NETWORK, LLC APPELLANT v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES…

Court: Court of Appeals of Arkansas, Division I

Date published: May 24, 2023

2023 Ark. App. 303 (Ark. Ct. App. 2023)

Opinion

E-22-249

05-24-2023

CFO NETWORK, LLC APPELLANT v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES; AND YOLANDA AIKENS APPELLEES

Lesley Harris, acting on behalf of appellant CFO Network, LLC. Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.

RITA W. GRUBER, JUDGE

APPEAL FROM THE ARKANSAS BOARD OF REVIEW [NO. 2021-BR-04645]

Lesley Harris, acting on behalf of appellant CFO Network, LLC.

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

RITA W. GRUBER, JUDGE

Appellant CFO Network, LLC ("CFO"), a limited liability company, appeals from the Arkansas Board of Review's April 18, 2022 decision, reversing the Appeal Tribunal and finding that the claimant, Yolanda Aikens, was entitled to benefits because CFO failed to prove that Aikens was discharged from last work due to an act of misconduct. We dismiss due to lack of jurisdiction.

On May 13, 2022, CFO filed its petition for review with this court. The petition reflected that CFO was not represented by counsel and was signed by the operations manager, Lesley Harris. It is well settled that corporations must be represented by licensed attorneys. IHOP #1914 v. Dir., 2023 Ark.App. 102, at 1; see also Davidson Props., LLC v. Summers, 368 Ark. 283, 285, 244 S.W.3d 674, 675 (2006) (holding that individual's representation of limited liability company constitutes the unauthorized practice of law).

Furthermore, where 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. Davidson, 368 Ark. at 285, 244 S.W.3d at 675.

In the instant case, Harris is an operations manager, not an attorney, and may not represent CFO. Invoking the process of a court of law constitutes the practice of law. IHOP, 2023 Ark.App. 102, at 2. Because Harris was practicing law when she signed the petition, the petition is null and void. As a result, we lack jurisdiction and dismiss this appeal.

Dismissed.

GLADWIN and KLAPPENBACH, JJ., agree.