Arkansas Blue Cross & Blue Shield v. Freeway Surgery Center
Opinion
Cite as 2023 Ark. App. 25 ARKANSAS COURT OF APPEALS No. CV-22-515
ARKANSAS BLUE CROSS Opinion Delivered January 25, 2023 AND BLUE SHIELD APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIFTH V. DIVISION [NO. 60CV-21-2725]
FREEWAY SURGERY CENTER; SCOTT SCHLESINGER, M.D.; FAIR PARK HONORABLE WENDELL GRIFFEN, SURGERY CENTER; CENTERVIEW JUDGE SURGERY CENTER; SOUTH ARKANSAS SURGERY CENTER; MOTION TO DEEM THE RECORD ADVANCED AMBULATORY SURGERY COMPLETE IS GRANTED; BRIEFING CENTER; EXECUTIVE PARK SCHEDULE ORDERED; SHOW-CAUSE SURGERY CENTER OF FORT SMITH; ORDER ISSUED GASTROENTEROLOGY AND SURGERY CENTER OF ARKANSAS; MOUNTAIN HOME SURGERY CENTER; HARRISON SURGERY CENTER; BOZMAN-HOF EYE CENTER; PHYSICIANS DAY A/K/A MCFARLAND EYE CENTER; SPRING CREEK SURGERY CENTER; TAYLOR PLASTIC SURGERY; SURGERY CENTER OF NORTHEAST TEXAS; ADVANCED INTERVENTIONAL PAIN MANAGEMENT; PRECISION SURGICAL OF NORTHWEST ARKANSAS; EXECUTIVE SURGERY CENTER OF LITTLE ROCK; CENTRAL ARKANSAS SURGERY CENTER A/K/A ARKANSAS SPINE AND PAIN; AND ARKANSAS CENTER FOR SURGICAL EXCELLENCE APPELLEES
AND
ALAN MCCLAIN, ARKANSAS INSURANCE COMMISSIONER INTERESTED PARTY
PER CURIAM
Arkansas Blue Cross and Blue Shield moves this court to enforce a writ of certiorari
we issued to court reporter Neva Warford to complete the transcript of an oral argument
held before the circuit court—a command we first made four months ago. Alternatively,
the parties jointly move that we set a briefing schedule based on the “record pleadings”
already on file with this court’s clerk and deem the tardy transcript inessential to the appeal
under Ark. R. App. P.–Civ. 6(c). Because Warford’s failure to comply with the original
writ and subsequent extensions is good cause to accept the parties’ Rule 6 alternative, we
grant that request and direct the clerk to set a briefing schedule forthwith. And for the
reasons provided below, we order Neva Warford to appear before this court on 7 February
2023, at 9:30 a.m., in the courtroom of the Arkansas Supreme Court and Court of Appeals
(Justice Building, 625 Marshall Street, Little Rock, AR 72201), and show cause why she
should not be held in contempt for failing to comply with the original writ of certiorari and
extensions.
Arkansas Blue Cross and Blue Shield has been trying to appeal an eight-page order
entered more than one year ago. On 16 August 2022, as the deadline to lodge the record
in this court approached after seven months of extensions by the circuit court, it
simultaneously filed in this court a partial record and petition for a writ of certiorari directing
court reporter Warford to complete the transcript portion of the record in this civil appeal.
We granted the petition on September 7 and ordered, by way of a writ of certiorari, that
the supplemental record be completed and filed within thirty days.
When the thirtieth day arrived, Warford had not completed her task, so Blue Cross
and Blue Shield moved, on October 7, to enforce the writ. We granted that motion on
October 25 and allowed Warford thirty days. 1 But no transcript was prepared. So Blue
Cross and Blue Shield returned on November 22 with another request that we enforce the
writ. In response, this court extended Warford’s deadline to 6 January 2023 and expressly
told her that it was a final extension. 2 Again, she failed to comply, which required Blue
Cross and Blue Shield to file another motion—and the parties to pivot to Ark. R. App. P.–
Civ. 6(c) as a last-ditch effort to “complete” the record and move this appeal forward.
Despite Blue Cross and Blue Shield’s continued efforts and this court’s prior
commands, the designated transcript has remained unavailable for filing because Warford
has seemingly ignored this court’s orders. Having received no communication from
1 The docket entry (26 October 2022) states:
Appellant’s motion to enforce writ of certiorari and extend time is granted. Gruber, J., not participating.
Electronic supplemental record is due in thirty days (November 25, 2022). The clerk is directed to set a briefing schedule after the writ is returned and the electronic supplemental record is filed.
This court has now granted the court reporter two extensions from the record’s original due date of August 18, 2022. 2 The docket entry (7 December 2022) states:
Appellant’s second motion to enforce writ of certiorari and extend time. Granted final extension of thirty days (January 6, 2023). Barrett and Hixson, JJ., would issue a show-cause order to the court reporter. Gruber, J., not participating.
This court has now granted the court reporter three extensions from the record’s original due date of August 18, 2022.
Warford to explain the repeated delay and perceived insubordination, good cause exists for
this show-cause order. See James Tree & Crane Serv., Inc. v. Fought, 2015 Ark. 6 (show-cause
order issued to court reporter); see also Woolford v. State, 2022 Ark. App. 463 (show-cause
order issued to court reporter Neva Warford).
Given the recent history with a court reporter’s repeated inability to comply with
this court’s writs and orders, Woolford, 2022 Ark. App. 463, we point out, for example, that
the Regulations of the Board of Certified Court Reporter Examiners provide for penalties
as severe as revoking a reporter’s certification for shirking his or her duties. Regs. Ark. Bd.
Certified Ct. Rep. Examiners § 19. 3 If that were not enough, the Arkansas Code of Judicial
Conduct requires judges to ensure their employees do not interfere with the timely
administration of justice. See, e.g., Ark. Code Jud. Conduct R. 2.12(A) (Supervisory
Duties). To that end, this court’s clerk routinely sends our writs and related orders to the
3 Section 19 states in part:
[T]he Board may issue an admonition or revoke or suspend any certificate issued after proper notice and hearing, on the following grounds:
....
c. any intentional violation of, noncompliance with or gross negligence in complying with any rule or directive of the Supreme Court of Arkansas, any other court of record within this State, or this Board.
d. fraud, dishonesty, gross incompetence or habitual neglect of duty.
e. unprofessional conduct, which shall include, but not be limited to:
1. failing to deliver a transcript to a client or court in a timely manner as determined by statute, court order, or agreement[.]
court reporter to whom they are primarily directed and to the presiding circuit judge. Here,
the writ and orders that have been issued to Warford and the presiding judge since
September 2022 are attached to this order.
NEVA WARFORD IS FURTHER NOTIFIED that her failure to appear on 7
February 2023, at 9:30 a.m., could result in the issuance of a bench warrant for her arrest,
with directions to the appropriate law enforcement authority to arrange for her delivery to
this court so a show-cause hearing can be conducted as soon as possible.
Motion to deem the record complete is granted; briefing schedule ordered; show-
cause order issued.
BROWN, J., dissents without opinion.
GRUBER, J., not participating.
OFFICE OF THE CLERK
ARKANSAS COURT OF APPEALS 625 MARSHALL STREET LITTLE ROCKs AR 72201
SEPTEMBER 7,2022
RE:COURT OF APPEALS CASE NO.CV‑22‑515 ARKANSAS BLUE CROSS BLUE SHIELD V.ALAN MCCLAIN,INSURANCE COMMISSIONER;FREEヽ VAY SURGERY CENTER;SCOTT SCHLESINGER,MD; FAIR PARK SURGERY CENTER;CENTERVIEヽ V SURGERY CENTER:SOUTH ARKANSAS SURGERY CENTER;ADVANCED AMBULATORY SURGERY CENTER; EXECUTIVE PARK SURGERY CENTER OF FORT SMITH;GASTROENTEROLOGY AND SURGERY CENTER OF ARKANSASI MOUNTAIN HOME SURGERY CENTER; HARRISON SURGERY CENTER;BOOZMAN― HOF EYE CENTER:PHYSICIAN'S DAY A/K/A MCFARLAND EYE CENTER;SPRING CREEK SURGERY CENTER;TAYLOR PLASTIC SURGERY;SURGERY CENTER OF NORTHEAST TEXAS:ADVANCED INTERVENTIONAL PAIN MANAGEMENT;PRECISION SURGICAL OF NORTHWEST ARKANSAS;EXECUTIVE SURGERY CENTER OF LITTLE ROCK; CENTRAL ARKANSAS SURGERY CENTER A/1CA ARKANSAS SPINE AND PAIN: AND ARKANSAS CENTER FOR SURGICAL EXCELLENCE
THE ARKANSAS COURT OF APPEALSISSUED THE FOLLOWING ORDERS TODAY IN THE A30VE STYLED CASE:
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2023 Ark. App. 25 (Arkansas Blue Cross & Blue Shield v. Freeway Surgery Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.