INCORPORATORS OF THE COMMUNITY KNOWN AS LITTLE ITALY APPELLANTS
PULASKI COUNTY AND CENTRAL ARKANSAS WATER APPELLEES
FROM THE PULASKI COUNTY CIRCUIT COURT, SECOND DIVISION [NO.
60CV-16-1779] HONORABLE CHRISTOPHER CHARLES PIAZZA, JUDGE
Quattlebaum, Grooms & Tull PLLC, by: Chad W. Pekron,
Mary-Tipton Thalheimer, and R. Seth Hampton, for appellant.
William A. Gruber and Adam Fogleman, for separate appellee
Wright, Lindsey & Jennings LLP, by: Judy Simmons Henry
and Kristen S. Moyers, for separate appellee Central Arkansas
BRANDON J. HARRISON, JUDGE
The Devil is in the details." This warning applies
full-force to Arkansas District Court Rule 9, whose
reticulated structure continues-with some justification-to
bedevil lawyers and courts alike. This appeal presents the
most recent example.
incorporators of the community called Little Italy appeal the
Pulaski County Circuit Court's order that dismissed
Little Italy's appeal from Pulaski County Court. The
circuit court ruled that Little Italy failed to perfect its
appeal in accordance with Arkansas District Court Rule 9
(2016). Little Italy disagrees and asks this court to
reinstate its case in the circuit court.
we will repeatedly refer to Arkansas District Court Rule 9,
we reproduce the pertinent parts now:
(b) How Taken From District Court.
(1) A party may take an appeal from a district court by
filing with the clerk of the circuit court having
jurisdiction of the appeal (i) a certified copy of the
district court's docket sheet which shows the entry
awarding judgment and all prior entries or a certified copy
of the record of the district court proceedings consisting of
all documents and motions filed in the district court, and
(ii) a certified copy of the complaint filed in the district
court or, if filed in accordance with Rule 10 of these rules,
a certified copy of the claim form filed in the small claims
division of the district court. Neither a notice of appeal
nor an order granting leave to appeal shall be required.
The appealing party shall serve upon counsel for all other
parties and upon any party not represented by counsel,
certified copies of the district court docket sheet or the
district court record and a certified copy of the district
court complaint or claim form. Service upon counsel or a
party not represented by counsel shall be effected as
(A) By sending the copies by any form of mail requiring a
(B) By delivering the copies as described in Arkansas Rule of
Civil Procedure 5(b)(2);
(C) By sending the copies by a commercial delivery company as
described in Arkansas Rule of ...