Arkansas State Game & Fish Commission v. Sledge

42 S.W.3d 427, 344 Ark. 505, 2001 Ark. LEXIS 266
CourtSupreme Court of Arkansas
DecidedApril 26, 2001
Docket00-1425
StatusPublished
Cited by5 cases

This text of 42 S.W.3d 427 (Arkansas State Game & Fish Commission v. Sledge) 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 State Game & Fish Commission v. Sledge, 42 S.W.3d 427, 344 Ark. 505, 2001 Ark. LEXIS 266 (Ark. 2001).

Opinion

TOM GLAZE, Justice.

This is an appeal from an order of the Pulaski County Circuit Court that purported to stay the enforcement of Arkansas Game and Fish Commission (“Commission”) Code 25.09.1 This rule, which the Commission adopted on October 19, 2000, prohibits commercial duck hunting guides from operating on three of the Commission’s wildlife management areas in Arkansas on Saturdays and Sundays during the duck hunting season. The regulation also prohibits waterfowl hunters from hunting while being guided by a commercial duck guide on those same areas on weekends.

On November 7, 2000, a group of duck hunters and duck hunting guides filed suit against the Commission in Arkansas County Circuit Court, seeking a declaratory judgment determining that the regulation was outside the scope and authority of Amendment 35. In addition, the plaintiffs requested a preliminary and permanent injunction requiring the Commission to allow hunting guides in the wildlife management areas until the matter could be fully heard by the court. On the same day, the plaintiffs also filed a petition for stay of enforcement of the regulation, stating that the duck hunting season began on November 18, 2000, and that they would be irreparably harmed in the absence of injunctive relief. On November 16, 2000, the Commission moved to dismiss the plaintiffs’ complaint and motion for stay of enforcement, alleging that the circuit court did not have subject-matter jurisdiction to issue injunctive relief and asserting that venue was in Pulaski County, not Arkansas County.

On November 27, 2000, the Arkansas County Circuit Court agreed with the Commission on the venue issue and transferred the case to the Pulaski County Circuit Court. Once in Pulaski County, the plaintiffs filed an amended complaint on December 6, 2000, in which they requested a “stay of enforcement” under Ark. Code Ann. § 16-113-305 (1987). The complaint again alleged the plaintiffs would suffer irreparable harm if the rule were to be enforced, and the plaintiffs asked the court to issue a stay requiring the Commission to allow them to utilize duck hunting guides.

After oral arguments on the issue, the Pulaski County Circuit Court entered an order on December 8, 2000, granting the plaintiffs’ petition for stay and preventing the Commission from enforcing the regulation at issue, pending the trial of the matter. The Commission brings this appeal from that December 8 order, and contends first that the so-called stay order was in effect an injunction from which it could appeal under Ark. R. App. P. — Civ. 2(a)(1); secondly, the Commission asserts that the circuit court did not have the authority or jurisdiction to issue injunctive relief and, for that reason, the December 8 order should be dismissed. The plaintiffs respond, arguing that the order was not an injunction, but instead was merely a stay order which was within the circuit court’s power to issue and is not final or appealable.

At the outset, we note that the duck hunting season ended in January. As it is now April, this case would appear to be moot. However, this court has recognized an exception to the mootness doctrine “for cases that are capable of repetition yet evading review, being cases in which the justiciable controversy will necessarily expire or terminate prior to adjudication” Cook v. State, 333 Ark. 22, 968 S.W.2d 589 (1998) (citing Wright v. Refer, 319 Ark. 201, 890 S.W.2d 271 (1995)). Because it is likely that this situation will arise again this fall when duck season opens, we address the issues presented to us by this case.

Under Rule 2(a), an appeal may be taken from a circuit, chancery, or probate court to this court from a final judgment or decree entered by the trial court. Rule 2(a)(6) also permits an appeal from an interlocutory order by which an injunction is granted, continued, modified, refused, or dissolved, or by which an application to dissolve or modify an injunction is refused. Therefore, the first question we must address is the nature of the order issued by the Pulaski County Circuit Court.

A stay is generally defined as “a suspension of the case or some designated proceedings within it. It is a kind of injunction with which a court freezes its proceedings at a particular point. It can be used to stop the prosecution of the action altogether, or to hold up only some phase of it, such as an execution about to be levied on a judgment.” Black’s Law Dictionary 1413 (6th ed 1990). An injunction, on the other hand, is a “court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.” Black’s at 784.

Arkansas cases have defined an injunction as “a command by a court to a person to do or refrain from doing a particular act.” Arkansas Dep’t of Human Servs. v. Hudson, 338 Ark. 442, 994 S.W.2d 488 (1999); Tate v. Sharpe, 300 Ark. 126, 777 S.W.2d 215 (1989). It is mandatory when it commands a person to do a specific act, and prohibitory when it commands him or her to refrain from doing a specific act. Butler v. State, 311 Ark. 334, 842 S.W.2d 434 (1992). All court orders are mandatory in the sense that they are to be obeyed, but not all orders are mandatory injunctions. Tate, 300 Ark. at 129. To be a mandatory injunction, the order must be based upon equitable grounds to justify the use of the extraordinary powers of equity, such as irreparable harm and no adequate remedy at law. Id. In addition, the order must determine issues in the complaint, not merely aid in the determination of such issues. Id.; see also Warren v. Kelso, 339 Ark. 70, 3 S.W.2d 302 (1999) (stay of proceedings does not translate into an injunction).

In Hudson, this court dismissed an appeal from an order that the Arkansas Department of Human Services (“DHS”) claimed was an injunction. In rejecting DHS’s contention, the court noted that it had “previously declined to hold that a preliminary order which [did] not finally resolve or determine any part of the action is equivalent to an injunction for purposes of appeal.” DHS, in Hudson, had attempted to appeal from a circuit court’s order staying the department’s decision to revoke the appellee Hudson’s child-care license.2 This court wrote that the stay order did not determine any of the issues presented in Hudson’s appeal to the circuit court, “a clear prerequisite for establishing the presence of an injunction under our case law.” Hudson, 338 Ark. at 444.

In the present case, although the plaintiffs contended they were entitled to a “stay” under Ark. Code Ann. §§ 25-15-207 (Repl. 1996) and 25-15-212 (Supp. 1999), they pled in their complaint that they were entitled to a stay pursuant to Ark. Code Ann. § 16-113-305. That statute reads as follows:

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STATE GAME & FISH COM'N v. Sledge
42 S.W.3d 427 (Supreme Court of Arkansas, 2001)

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Bluebook (online)
42 S.W.3d 427, 344 Ark. 505, 2001 Ark. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-state-game-fish-commission-v-sledge-ark-2001.