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Thompson v. Erwin

Supreme Court of Arkansas
Jul 6, 1992
832 S.W.2d 854 (Ark. 1992)

Opinion

No. 92-513

Opinion delivered July 6, 1992

1. APPEAL ERROR — DENIAL OF ABBREVIATED BRIEFING SCHEDULE. — Where the matter was already expedited because it was a mandamus action, and where the motion was not filed until well into the briefing schedule, it was impossible to accelerate the matter more. 2. APPEAL ERROR — ACCELERATION OF PENDING CASE ALONG WITH MANDAMUS ACTION. — Where the state, in its response to the mandamus petition, stated an interlocutory appeal in another case was also pending and described how that was relevant to this action, the appellate court expedited the other case and ordered both cases be submitted at the same time.

Motion for an Expedited Schedule; denied.

James Mackey Luffman, for appellant.

Winston Bryant, Att'y Gen., by: Jack Gillean, Asst. Att'y Gen., for appellee.


Petitioner moves for an abbreviated briefing schedule. Because this is a mandamus action, we already have expedited this matter. On May 1, 1992, petitioner filed this original action, and the state filed its response ten days later. The record required supplementation which was granted on June 8, 1992. Petitioner filed her brief on June 22, 1992, and the state's brief is due on July 22, 1992. Petitioner's reply brief, if any, will be due on or before August 6, 1992. Petitioner's motion to expedite was not filed until June 25, 1992, and at this stage of the briefing schedule, it is impossible to accelerate this matter more than it already has been. Submission of the case also will be advanced.

The state in its response to the mandamus petition herein states an interlocutory appeal in the case of Joseph Wicker v. State, No. 92-245, is also pending and describes how that matter might be relevant to this action. Accordingly, we will also expedite the Wicker case, so both cases are to be submitted at the same time.


Summaries of

Thompson v. Erwin

Supreme Court of Arkansas
Jul 6, 1992
832 S.W.2d 854 (Ark. 1992)
Case details for

Thompson v. Erwin

Case Details

Full title:Jennifer THOMPSON, A Minor, by Dwight Thompson and Debbie Her Natural…

Court:Supreme Court of Arkansas

Date published: Jul 6, 1992

Citations

832 S.W.2d 854 (Ark. 1992)
832 S.W.2d 854