Arkansas Departmant of Human Services v. Arkansas Health Care Ass'n

Supreme Court of Arkansas

Arkansas Departmant of Human Services v. Arkansas Health Care Ass'n

987 S.W.2d 733, 337 Ark. 351, 1999 Ark. LEXIS 193

CourtSupreme Court of Arkansas

DecidedApril 22, 1999

Docket98-1342

StatusPublished

This text of 987 S.W.2d 733 (Arkansas Departmant of Human Services v. Arkansas Health Care Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arkansas Departmant of Human Services v. Arkansas Health Care Ass'n, 987 S.W.2d 733, 337 Ark. 351, 1999 Ark. LEXIS 193 (Ark. 1999).

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Opinion

Per Curiam.

Appellant, Arkansas Department of Human Services, filed a motion to strike in the above-styled case. Appellant has filed the entire record but failed to abstract a supplemental order and declaratory judgement entered by the trial court on September 24, 1998. Appellee referenced the two documents in their supplemental abstract, and appellant now moves this court to strike any reference to the papers, claiming that the trial court was without jurisdiction to enter further orders upon its entry of an order filed June 17, 1998. It appears that there is a question of whether the order entered by circuit court on June 17, 1998, was a final order from which an appeal could be taken, and which would deprive the circuit court of authority to enter the supplemental order and declaratory judgement on September 24, 1998.

In accordance with Ark. R. App. P.—Civ. 6(b), we remand the matter to the trial court for the purpose of settling the record to include all materials needed to address the issue of whether the trial court’s order entered June 17, 1998, was a final order, or if the trial court had retained jurisdiction to later enter the September 24, 1998 order. Upon settling the record, the parties are directed to brief the issue and submit the issue with the case.

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Per Curiam.

Appellant, Arkansas Department of Human Services, filed a motion to strike in the above-styled case. Appellant has filed the entire record but failed to abstract a supplemental order and declaratory judgement entered by the trial court on September 24, 1998. Appellee referenced the two documents in their supplemental abstract, and appellant now moves this court to strike any reference to the papers, claiming that the trial court was without jurisdiction to enter further orders upon its entry of an order filed June 17, 1998. It appears that there is a question of whether the order entered by circuit court on June 17, 1998, was a final order from which an appeal could be taken, and which would deprive the circuit court of authority to enter the supplemental order and declaratory judgement on September 24, 1998.

In accordance with Ark. R. App. P.—Civ. 6(b), we remand the matter to the trial court for the purpose of settling the record to include all materials needed to address the issue of whether the trial court’s order entered June 17, 1998, was a final order, or if the trial court had retained jurisdiction to later enter the September 24, 1998 order. Upon settling the record, the parties are directed to brief the issue and submit the issue with the case.

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Bluebook (online)

987 S.W.2d 733, 337 Ark. 351, 1999 Ark. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-departmant-of-human-services-v-arkansas-health-care-assn-ark-1999.