Brimson v. Brimson

4 Citing cases

  1. Ingle v. Ark. Dep't of Human Servs.

    2014 Ark. 471 (Ark. 2014)   Cited 19 times

    On February 19, 2014, this court issued its mandate, and the mandate was filed in the Washington County Circuit Court on February 21, 2014. When the mandate was filed in the circuit court, this court lost jurisdiction to the circuit court. Brimson v. Brimson, 228 Ark. 562, 309 S.W.2d 29 (1958).The Washington County Circuit Court, at that point in the case, was in the untenable position of following the majority's qualified disposition and the directive of the mandate โ€œto return custody of C.N. to Ingle,โ€ who, as the facts in the record reveal, had been released from jail on a $10,000 bond and faced six felony charges in the Washington County Circuit Court, including aggravated robbery, a Y felony.

  2. Oliver v. Ark. Prof. B.B

    13 S.W.3d 156 (Ark. 2000)   Cited 10 times

    Oliver argues that the circuit court in the administrative-appeals process is analogous to an appellate court. Hence, just as an appellate court's jurisdiction ends with the issuance of a mandate or upon remand so would the Circuit court's. See Cooper Communities, supra; First Pyramid Life Ins. Co. v. Stoltz, 312 Ark. 516, 849 S.W.2d 525 (1993); Brimson v. Brimson, 228 Ark. 562, 309 S.W.2d 29 (1958). This general rule would seem to support Oliver's argument that once the circuit court remanded the case to the Board, it lost all jurisdiction to issue the subpoena duces tecum to Oliver, as then only the Board had the authority and power to issue the subpoena.

  3. Barclay v. Farm Credit Servs

    340 Ark. 65 (Ark. 2000)   Cited 15 times
    Stating that this court loses jurisdiction to the circuit court once the mandate is issued from this court to the circuit court

    This court loses jurisdiction to the trial court once the mandate is issued from this court to the trial court. See First Pyramid Life Ins. Co. of Am. v. Stoltz, 312 Ark. 516, 849 S.W.2d 525 (1993); Brimson v. Brimson, 228 Ark. 562, 309 S.W.2d 29 (1958). A mandate is the official notice of the action taken by the appellate court. 5 Am. Jur. 2d, Appellate Review ยง 777 (1995).

  4. Jones v. Jones

    938 S.W.2d 228 (Ark. 1997)   Cited 8 times
    Awarding $8000 in a child-custody appeal

    As mentioned, Dr. Jones believes that this Court lost jurisdiction in this matter when the mandate was issued on November 22, 1996. We concede that, in certain cases, we have held that we lacked jurisdiction to consider various motions filed after the mandate was either issued from this Court or filed in the Trial Court. See, e.g., First Pyramid Life Ins. Co. of Am. v. Stoltz, 312 Ark. 516, 849 S.W.2d 525 (1993) (holding Court lacked jurisdiction after issuance of mandate to consider motion to supplement record); Brimson v. Brimson, 228 Ark. 562, 309 S.W.2d 29 (1958) (holding Court lacked jurisdiction after mandate was filed in the Trial Court to consider motion for clarification of the judgment); American Company of Arkansas v. Wheeler, 183 Ark. 550, 36 S.W.2d 965 (1931) (holding Court lacked jurisdiction after mandate was filed in the Trial Court to consider petition for contempt). [5] The case at bar, however, is distinguishable from the cases mentioned above.