Global Mills, Inc. v. Granger

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Cite as 2010 Ark. App. 463 ARKANSAS COURT OF APPEALS DIVISION I No. CA09-1408 GLOBAL MILLS, INC. Opinion Delivered JUNE 2, 2010 APPELLANT V. CARLA J. GRANGER APPELLEE APPEAL FROM THE ARKANSAS WORKERS’ COMPENSATION COMMISSION [NO. F613171] DISMISSED ROBERT J. GLADWIN, Judge This appeal follows the July 28, 2009 decision of the Workers’ Compensation Commission (Commission) affirming and adopting the March 6, 2009 opinion of the Administrative Law Judge (ALJ), finding in favor of appellee Carla Granger. Mr. Kelly Anderson, President of appellant Global Mills, Inc., filed this appeal on behalf of the corporation, arguing that the Commission erred in finding that appellee’s injury falls within the Arkansas workers’ compensation laws. Regardless of whether Mr. Anderson had the ability to properly appear before the Commission because the Commission is an administrative forum and not a court, it was not proper for him to attempt to represent a corporate appellant, in effect pro se, in the prosecution of this appeal. By the acts of filing the notice of appeal, lodging the record, and Cite as 2010 Ark. App. 463 filing a brief with this court, Mr. Anderson sought judicial review of the Commission’s decision and thereby attempted to invoke the use of the appellate court mechanism in Arkansas. Our supreme court has repeatedly held that when a person not licensed to practice law in this state attempts to represent the interests of another by submitting himself or herself to the jurisdiction of a court, the pleadings filed by that person are rendered a nullity. Clarendon America Ins. Co. v. Hickok, 370 Ark. 41, 47, 257 S.W.3d 43, 47 (2007) (citing Preston v. University of Arkansas for Medical Sciences, 354 Ark. 666, 128 S.W.3d 430 (2003); Davenport v. Lee, 348 Ark. 148, 72 S.W.3d 85 (2002); and McKenzie v. Burris, 255 Ark. 330, 500 S.W.2d 357 (1973)). Accordingly, the notice of appeal that Mr. Anderson filed on behalf of appellant must be deemed a nullity. Because the notice of appeal is a nullity and the deadline for filing an appeal under Arkansas Code Annotated section 11-9-711(b) (Supp. 2009) has lapsed, we dismiss the instant appeal with prejudice. Appeal dismissed. PITTMAN and GLOVER, JJ., agree. -2- CA09-1408

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