Author: Tasha C. Taylor

Tasha C. Taylor is an Arkansas Appellate Lawyer and Personal Injury Lawyer and a Partner at Taylor and Taylor Law Firm, P.A.

Circuit Judge Rhonda Wood Announces Candidacy for Arkansas Court of Appeals

~ Tasha C. Taylor ~ 1 Comment

This week, Judge Rhonda Wood, who has served as a circuit court judge for the 20th judicial district for the past four years, announced her candidacy for District 2, Position 1 on the Arkansas Court of Appeals.  Judge Josephine Linker Hart currently holds that position.  There has been no announcement to date from Judge Hart concerning whether she intends to seek re-election.  The election for this position will be held on May 18, 2010.

Civil Practice Rule Changes On The Way–Comments on Suggested Rule Changes Due By March 30, 2010

~ Tasha C. Taylor ~ 1 Comment

The Arkansas Supreme Court handed down a per curiam decision on January 21, 2010, outlining proposed rule changes suggested by the Arkansas Supreme Court Committee on Civil Practice. 

The multiple proposed changes to the Arkansas Rules of Civil Procedure, the Arkansas Rules of the Supreme Court and the Court of Appeals, and the Arkansas Rules of Appellate Procedure–Civil are outlined in the Court’s per curiam order. 

Comments concerning the suggested rule changes must be submitted in writing to the Supreme Court Clerk’s office before March 31, 2010.

Arkansas Supreme Court Update: Position 6

~ Tasha C. Taylor

Last month, following Justice Bowen’s decision to step down from the Governor-appointed position of Associate Justice, Governer Beebe appointed Ron Sheffield to complete the term of Justice Imber, who retired last year as an Associate Justice of the Arkansas Supreme Court. 

A special election will be held later this year to determine who will complete Justice Imber’s term, which expires in 2014.  Currently, the candidates for Position 6 are: (1) Judge Tim Fox; (2) Judge Karen Baker; and (3) Evelyn Moorehead.

Denial of Motion to Intervene in a Dependency-Neglect Matter is Not Governed by Ark. Sup. Ct. R. 6-9

~ Tasha C. Taylor

The Arkansas Supreme Court defined the issue in Schubert v. Arkansas Department of Human Services, 2009 Ark. 596 (Dec. 3, 2009), as whether an appeal from the denial of a motion to intervene in a dependency-neglect matter is governed by Arkansas Supreme Court Rule 6-9 or whether it falls under Arkansas Rules of Appellate Procedure-Civil 2(a)(2).  Arkansas Supreme Court Rule 6-9 was adopted in 2006 as a Rule governing appeals only in dependency-neglect cases.  The rules for taking an appeal from a decision in a dependency-neglect cases vary from other appeals that may be appealed to the Arkansas Supreme Court pursuant to Rule 2 of the Arkansas Rules of Appellate Procedure-Civil.

The Court held that “the denial of a motion to intervene in a dependency-neglect matter is not governed by Rule 6-9,” but is instead governed by Rule 2(a)(2).

The determination of which rule applied significantly impacted that case where the appellants had failed to sign the notice of appeal along with their attorney.  That is because Rule 6-9(b)(1)(B) provides that “[t]he notice of appeal and designation of record shall be signed by the appellant, if an adult, and appellant’s counsel.”  Arkansas Rules of Civil Procedure–Civil 2(a)(2), however, includes no such signature requirement for the appellants.

The Arkansas Supreme Court concluded that because the appeal was “governed by Rule 2(a)(2), the [appellants’] failure to sign the notice of appeal was not a fatal defect[.]”

Failure to Sign Complaint Does Not Render Service of Process Defective

~ Tasha C. Taylor

The Arkansas Supreme Court has recently held that there is no signature requirement in Rule 4 of the Arkansas Rules of Civil Procedure that would require a complaint to be signed. See Jones v. Turner, 2009 Ark. 545 (Nov. 5, 2009).  As such, an unsigned complaint served with  proper summons does not render service of process defective.  For more analysis of this decision, visit the Downtown Lawyer legal blog.

Appellate Court Rule Changes Effective January 1, 2010

~ Tasha C. Taylor ~ 3 Comments

The Arkansas Supreme Court handed down a per curiam decision on October 29, 2009, that makes several changes to various Arkansas Supreme Court Rules.  Two  significant changes include: (1) the change in the font size for appellate briefs to 14 points and (2) the change in the page length for opening briefs to 30 pages.  Note that there is no change to the limit of 15 pages for an appellant’s reply brief.

Justice Danielson, concurring in the per curiam decision, expresses his hope that the enforcement of the Court’s rules is made a high priority.

View the per curiam here to read the  full text of the new Arkansas Supreme Court Rules rules that take effect January 1, 2010.

Justice Imber to Retire from the Arkansas Supreme Court at the End of 2009

~ Tasha C. Taylor ~ 2 Comments

Arkansas Business reports that Justice Imber plans to retire at the end of the year.

Gov. Mike Beebe on Thursday announced that Imber plans to retire on Jan. 1, one year before her term on the court ends. Beebe’s office said she informed him of the decision Wednesday and said she cited personal reasons and a wish to pursue new service opportunities.

Beebe did not say who he would appoint to serve the final year of Imber’s term. The governor praised her as a “thoughtful” judge. Imber has served on the court since 1997.

For the full story, follow this link.