Opinion
Appeal from Circuit Court, Pulaski County; Harlan A. Weber, Judge.
James Hamilton, North Little Rock, for appellant.
Harmons&s Honeycutt by John T. Harmon, North Little Rock, for appellee.
Appellee's motion to advance and affirm is denied without prejudice to file motion to advance after briefs are filed.
PURTLE, J., dissents.
PURTLE, Justice, dissenting.
I would treat this motion as one to advance the briefing schedule. There is no reason why this court cannot direct the briefing time to commence immediately. The parties to this action admit it is not necessary to have the transcript of the hearing in the trial court included in the record. Appellee is clearly entitled to an early decision on the amount of his retirement pay. With the record apparently complete, except for the unneeded transcript, briefing time should commence now. It would be to the advantage of both parties and in the interest of justice to expedite this case.