Justia Arkansas Supreme Court Opinion Summaries

Articles Posted in Civil Procedure
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In this interlocutory appeal, the Supreme Court reversed and dismissed in part and dismissed in part this appeal from the judgment of the circuit court in a dispute centering on the Attorney General's spending on television commercials and legal filings in out-of-state federal litigation, holding that dismissal was warranted.In this lawsuit, Plaintiffs alleged that Attorney General Leslie Rutledge exceeded her authority and should be enjoined from continuing to act in excess of her authority and that she had spent funds in excess of her authority in an illegal exaction. The Attorney General asserted various immunity defenses, which the circuit court denied. The Supreme Court reversed and dismissed in part and dismissed in part, holding (1) as to the first claim for relief, the Attorney General had sovereign immunity and could not be enjoined; and (2) as to the second allegation, Rutledge as an individual was entitled to statutory immunity. View "Rutledge v. Remmel" on Justia Law

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The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Judge Mark Derrick challenging the constitutionality and legality of various practices concerning bond, the appointment of counsel, and the imposition and payment of fines, holding that there was no error.Appellants, who appeared before Judge Derrick, a state district court judge, as criminal defendants, were subject to court-imposed fines that they failed to pay, often resulting in jail time and additional fines. Appellants sued Judge Derrick in his official capacity, raising several challenges. The circuit court granted summary judgment in favor of Judge Derrick on all claims. The Supreme Court affirmed, holding that judicial immunity prevented this Court from granting Appellants their requested relief. View "Mahoney v. Derrick" on Justia Law

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The Supreme Court reversed the order of the circuit court denying Bayer Cropscience, LP's motion to intervene in a lawsuit challenging a rule adopted by the Arkansas State Plant Board, holding that the circuit court erred in denying Bayer's motion to intervene as a matter of right.Plaintiffs filed a complaint seeking a declaratory judgment that the Plant Board violated the Administrative Procedure Act (APA) by adopting the 2021 Dicamba Rule. Bayer, which manufactures and sells the herbicide Dicamba, moved to intervene in the action. The circuit court denied the motion. The Supreme Court reversed, holding that Bayer was entitled to intervene as a matter of right because it satisfied all of the requirements set forth in Ark. R. Civ. P. 24. View "Bayer Cropscience, LP v. Hooks" on Justia Law

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The Supreme Court dismissed this appeal challenging the circuit court's order denying Appellants' motion for summary judgment and granting summary judgment for Appellees, holding that the circuit court's order was not a final order.Appellees filed a class-action complaint against Appellants, online travel companies (OTCs), alleging that the OTCs had failed to collect or collected and failed to remit the full amount of gross-receipts taxes imposed by government entities on hotel accommodations. The circuit court granted partial summary judgment for Appellees on the issue of liability. Appellants appealed. The Supreme Court dismissed the appeal, holding that where the circuit court stated that its order was preliminary and that it was retaining jurisdiction to determine the appropriate relief, and where the court did not enter an Ark. R. Civ. P. 54(b) certification, the order was not final. View "Hotels.com, L.P. v. Pine Bluff Advertising" on Justia Law

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The Supreme Court dismissed Appellant's appeal from an order of the circuit court dismissing without prejudice his pro se "motion for writ of mandamus order," holding that Appellant appealed from an order that was not final, rendering his motions and petition filed in relation to the appeal moot.The circuit court dismissed Appellant's motion for failure to provide proof of service in compliance with Ark. R. Civ. P. 4(i)(1). Appellant appealed and filed a motion to proceed without a complete record, a "third motion to file incomplete record, motion for extension of time, and motion against the clerk," a petition for certiorari to complete the record, and a motion seeking waiver of the addendum obligation. The Supreme Court dismissed the appeal, holding that the order from which Appellant appealed was not final. View "Hill v. Honorable Jodi Dennis" on Justia Law

Posted in: Civil Procedure
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The Supreme Court dismissed Appellants' appeal from the order of the circuit court granting Appellees' motion for sanctions, holding that the order was not final.Appellant filed a personal injury complaint against Appellees. When Appellees discovered inconsistencies in Appellant's testimony and discovery responses, Appellees filed a motion for sanctions seeking dismissal of the complaint and an allocation of costs and fees. The circuit court granted the motion. Appellant and two attorneys filed a notice of appeal. The Supreme Court dismissed the appeal, holding that the Ark. R. Civ. P. 11 order was not final under the facts of this case. View "McHughes v. Wayland" on Justia Law

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The Supreme Court dismissed the appeal brought by the Arkansas Department of Humanitarian Services (DHS) challenging the permanent injunction against its 2015 ARChoices Medicaid waiver rule, holding that this case was moot.During the course of this appeal, DHS promulgated a new rule. The circuit court found that DHS had properly promulgated the rule and dissolved the injunction. DHS argued before the Supreme Court that two exceptions to the mootness doctrine - matters capable of repetition yet evading review and matters of substantial public interest that are likely to be litigated in the future - applied in this case. The Supreme Court disagreed and dismissed this appeal, holding that none of the exceptions to the mootness doctrine applied. View "Arkansas Department of Human Services v. Ledgerwood" on Justia Law

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The Supreme Court affirmed the order of the circuit court dismissing Appellant's premises-liability suit against Simmons Sporting Goods, Inc. for lack of personal jurisdiction, holding that Arkansas courts did not have jurisdiction to hear Appellant's claims against Simmons.Simmons, which was incorporated in Louisiana with its principal place of business in Louisiana, operated a retail sporting goods store in Louisiana. Appellant, a resident of Arkansas, broke her arm when entering the Simmons store. Appellant filed suit against Simmons in the Ashley County Circuit Court, arguing that personal jurisdiction because Simmons advertised in Arkansas, held a contest in Arkansas, and used an Arkansas printing company to produce advertisements for its store. The circuit court dismissed the case, finding that Arkansas lacked personal jurisdiction over Simmons. The Supreme Court affirmed, holding that Simmons' acts of advertising and conducting promotional activities in Arkansas was not sufficient for personal jurisdiction. View "Lawson v. Simmons Sporting Goods, Inc." on Justia Law

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The Supreme Court dismissed Appellant’s appeal from an order entered in the circuit court dismissing without prejudice Appellant’s pro se civil rights complaint for failure to provide proof of service in compliance with Ark. R. Civ. P. 4(i)(1), holding that the order appealed from was not final.The Supreme Court noted that a plaintiff who has had his case dismissed without prejudice under Rule 4(i) may refile those claims. Because this was the first dismissal of Appellant’s underlying complaint, his complaint may be refiled under the provisions of Ark. R. Civ. P. 41. Therefore, the Court held that there was no final order on the merits and this Court did not have appellate jurisdiction. View "Nooner v. Kelley" on Justia Law

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The Supreme Court the circuit court’s denial of Appellant’s motion to dismiss and grant of a default judgment in favor of Arkansas Teachers Federal Credit Union (ATFCU), holding that the circuit court did not err in granting a default judgment.On appeal, Appellant argued that the default judgment entered against him was void because he was not timely served. The Supreme Court disagreed, holding that Appellant was served one day before the time for service was expired, and therefore, the circuit court properly denied the motion to dismiss and properly granted default judgment in favor of ATFCU. View "Gore v. Arkansas Teachers Federal Credit Union" on Justia Law