Legal Opinion · Dissent

City of Little Rock v. Circuit Court of Pulaski County

Supreme Court of Arkansas

Decided June 8, 2017No. CV-16-600Published

1DissentJosephine Linker Hart, Justice

I cannot agree that any part of this case should be affirmed. The circuit judge had absolutely no authority under Arkansas Civil Procedure Rule 11 to impose the original sanction. Moreover, assuming— without conceding—that the circuit court had subject matter jurisdiction to impose a sanction under Rule 11, the circuit court erred by imposing the sanction against the City of Little Rock [8without the notice required under the rule. Further, I dispute that the payment of the $10,000 fine supports this court’s finding of fact that it was “intended as a resolution of the matter,” simply because…

2Cases cited12 opinions

  1. Vanderpool v. Fidelity & Casualty InsuranceSupreme Court of Arkansas · 1997
  2. Ivy v. KeithSupreme Court of Arkansas · 2002
  3. Johnson v. JohnsonSupreme Court of Arkansas · 2000
  4. Hoyle v. FaucherSupreme Court of Arkansas · 1998
  5. Reynolds Health Care Services, Inc. v. HMNH, Inc.Supreme Court of Arkansas · 2005

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