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Incorporators of Community Known as Little Italy v. Pulaski County

Court of Appeals of Arkansas, Division IV

November 28, 2018

INCORPORATORS OF THE COMMUNITY KNOWN AS LITTLE ITALY APPELLANTS
v.
PULASKI COUNTY AND CENTRAL ARKANSAS WATER APPELLEES

          APPEAL 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 Pulaski County.

          Wright, Lindsey & Jennings LLP, by: Judy Simmons Henry and Kristen S. Moyers, for separate appellee Central Arkansas Water.

          BRANDON J. HARRISON, JUDGE

         "Beware! 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.

         The 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.

         Because 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 follows:
(A) By sending the copies by any form of mail requiring a signed receipt;
(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 ...

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