Articles Posted in Arkansas Supreme Court

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The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his motion for reconsideration of an order that set a partial filing fee of twenty dollars with respect to Appellant’s pro se civil complaint in tort against four persons, holding that the circuit court did not err when it denied the motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). The Supreme Court affirmed, holding that because Appellant did not ask for reconsideration of the circuit court’s order until 155 days after the order had been entered, Appellant’s motion was untimely, and therefore, the circuit court did not err in denying it. View "Whitney v. Wells" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his motion for reconsideration of an order that set a partial filing fee of thirty-five dollars with respect to Appellant’s pro se civil complaint in tort against the Washington County Sheriff and others, holding that the circuit court did not err when it denied the motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). The Supreme Court affirmed, holding that because Appellant did not ask for reconsideration of the circuit court’s order until 197 days after the order had been entered, Appellant’s motion was untimely, and therefore, the circuit court did not err in denying it. View "Whitney v. Washington County Sheriff" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his motion for reconsideration of an order that set a partial filing fee of twenty dollars with respect to Appellant’s pro se civil complaint in tort against one person, holding that the circuit court did not err when it denied the motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). The Supreme Court affirmed, holding that because Appellant did not ask for reconsideration of the circuit court’s order until 155 days after the order had been entered, Appellant’s motion was untimely, and therefore, the circuit court did not err in denying it. View "Whitney v. Wallace" on Justia Law

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The Supreme Court remanded this matter, in which Appellant appealed the circuit court’s denial of his petition to proceed in forma pauperis with respect to his pro se petition for writ of habeas corpus, to the circuit court, holding that further findings from the circuit court were necessary for this Court’s review. Because the circuit court found that Appellant had established that he was indigent but had failed to state a colorable cause of action in the habeas petition Appellant was required to submit the filing fee for the petition. The Supreme Court remanded for the circuit court to make specific findings as to why Appellant’s claim did not state a colorable cause of action and otherwise complied with Ark. R. Civ. P. 72. View "Whitney v. Kelley" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his motion for reconsideration of an order that set a partial filing fee of twenty dollars with respect to Appellant’s pro se civil complaint in tort against four persons, holding that the circuit court did not err when it denied the motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). The Supreme Court affirmed, holding that because Appellant did not ask for reconsideration of the circuit court’s order until 155 days after the order had been entered, Appellant’s motion was untimely, and therefore, the circuit court did not err in denying it. View "Whitney v. Jenkins" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his motion for reconsideration of an order that set a partial filing fee of twenty dollars with respect to Appellant’s pro se civil complaint in tort against seven persons, holding that the circuit court did not err when it denied the motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). The Supreme Court affirmed, holding that because Appellant did not ask for reconsideration of the circuit court’s order until 155 days after the order had been entered, Appellant’s motion was untimely, and therefore, the circuit court did not err in denying it. View "Whitney v. Cruce" on Justia Law

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The Supreme Court remanded the instant appeal of the circuit court’s order denying Appellant’s pro se petition for leave to proceed in forma pauperis in which Appellant sought to proceed with a civil-rights complaint against certain Arkansas Department of Correction (ADC) employees, holding that the order was not sufficient for review, and therefore, the case must be remanded for findings of fact. The order at issue found that Appellant was not indigent and must pay the statutory filing fee for the action. The Supreme Court held (1) contrary to the assertion of Appellee, the director of the ADC, the order was appealable; and (2) the cause must be remanded for a supplemental order on the in forma pauperis petition that contains adequate findings of fact on the issue of whether Appellant was indigent. View "Berger v. Kelley" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the denial of the circuit court of his motion for reconsideration of an order that set a partial filing fee of twenty dollars with respect to Appellant’s pro se civil complaint in tort, holding that the circuit court did not err when it denied the motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). The Supreme Court affirmed, holding that because Appellant did not ask for reconsideration of the circuit court’s order until 155 days after the order had been entered, Appellant’s motion was untimely, and therefore, the circuit court did not err in denying it. View "Whitney v. Plummer" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his motion for reconsideration of an order that set a partial filing fee of thirty-five dollars with respect to his pro se petition for writ of mandamus, holding that the circuit court did not err when it denied the motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). Because Appellant did not ask for reconsideration of the circuit court’s order until 197 days after the order had been entered the Supreme Court affirmed, holding that Appellant’s motion for reconsideration was untimely. View "Whitney v. Hutchinson" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from the circuit court denying his motion for reconsideration of an order that set a partial filing fee of twenty dollars with respect to Appellant’s pro se civil complaint in tort, holding that the circuit court did not err when it denied Appellant’s motion for reconsideration. The circuit court denied Appellant’s request for reconsideration because it was not timely filed pursuant to Ark. R. Civ. P. 60(a). Appellant did not ask for reconsideration until 155 days after the ordered had been entered. The Supreme Court held that the circuit court did not err in denying Appellant’s motion because it was untimely. View "Whitney v. Allen, Boreani, Ross, Watson & Payne" on Justia Law