Opinion
No. 07-1249.
Opinion delivered January 17, 2008.
COURTS — WITHDRAWAL OF CERTIFIED QUESTION. — Where the supreme court accepted a certified question from the United States District Court, it was incumbent upon the District Court to withdraw the certified question rather than the petitioner.
Motion to Dismiss; motion denied.
[1] We recently accepted a certified question from the United States District Court for the Eastern District of Arkansas. See Saunders v. Wilder Bros. Sawmill, Inc., 372 Ark. 48, S.W.3d (2007) (per curiam). Now Petitioner moves to dismiss, stating no controversy exists. We note that the matter was certified to us by the District Court, not the Petitioner, and it is incumbent upon the District Court to withdraw the certified question.
Motion denied.
IMBER, J., not participating.