Cooper v. Faulkner Cnty. Cir. Ct. , 2014 Ark. 330 ( 2014 )


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  •                                    Cite as 
    2014 Ark. 330
    SUPREME COURT OF ARKANSAS
    No.   CV-13-202
    KAREN COOPER AND JACK                            Opinion Delivered JULY 31, 2014
    DOWELL
    PETITIONERS
    V.
    ORDER TO SHOW CAUSE
    FAULKNER COUNTY CIRCUIT                          DISMISSED.
    COURT
    RESPONDENT
    PER CURIAM
    We ordered attorneys Gary D. Jiles and Matthew K. Brown to appear before this court
    and show cause why they should not be held in contempt for violating a stay issued by this
    court in the matter of City of Conway & Conway Corp. v. Cooper, No. 23CV-11-940, then
    pending in the Faulkner County Circuit Court. Cooper v. Faulkner Cty. Cir. Ct., 
    2013 Ark. 321
    (per curiam). Both Mr. Jiles and Mr. Brown appeared, pleaded not guilty, and this court
    appointed the Honorable John Plegge as a master to hold a hearing and make findings of fact.
    A hearing was held on April 8, 2014. Judge Plegge heard testimony from the
    following witnesses: Kent Walker, attorney for Karen Cooper and Jack Dowell, landowners
    in the underlying condemnation action; Jillian Janik, an associate attorney at the Walker Law
    Firm; Jessica Wells, an employee of Millar Jiles, LLP; Amanda Duran, an employee of Millar
    Jiles, LLP; as well as Mr. Jiles and Mr. Brown. At the conclusion of that hearing, Judge
    Plegge asked counsel for Mr. Jiles and Mr. Brown, as well as counsel for Mr. Walker, to each
    Cite as 
    2014 Ark. 330
    submit proposed findings of fact. Thereafter, Mr. Jiles and Mr. Brown, through their
    attorney, submitted proposed findings of fact and conclusions of law. Mr. Walker and his
    attorney notified Judge Plegge that they would not be submitting any findings of fact.
    On June 23, 2014, Judge Plegge notified this court in writing that he had reviewed
    each of the proposed findings and was in agreement with each of them, with the exception
    of two matters he believed to be within this court’s purview. The proposed findings, as well
    as all exhibits received into evidence during the hearing, were attached to Judge Plegge’s
    letter, and these items were filed with our clerk that same day. We thank Judge Plegge for
    his service in this matter.
    Upon reviewing the transcript, exhibits, and proposed findings, we conclude that there
    was no willful violation of this court’s stay by either Mr. Jiles or Mr. Brown. We therefore
    dismiss the order to show cause.
    Dismissed.
    -2-                                 CV-13-202
    

Document Info

Docket Number: CV-13-202

Citation Numbers: 2014 Ark. 330

Judges: Per Curiam

Filed Date: 7/31/2014

Precedential Status: Precedential

Modified Date: 10/30/2014