Kreutzer v. Clark, 80-158
| Decision Date | 24 November 1980 |
| Docket Number | No. 80-158,80-158 |
| Citation | 607 S.W.2d 670,271 Ark. 243 |
| Parties | D. W. KREUTZER, M. D., Appellant, v. Wayne CLARK et al., Appellees. |
| Court | Arkansas Supreme Court |
Gary Isbell, Yellville, for appellant.
Logan & Gresham by Roger V. Logan, Jr., Harrison, for appellees.
After appellant was notified that his contract of employment with Boone County Hospital would be terminated, he sought a temporary restraining order in chancery court. The chancery court refused to grant the restraining order because it found that appellant would suffer no irreparable harm from the proposed discharge. We affirm.
On April 18, 1980, appellant, Dr. D. W. Kreutzer, the pathologist and director of the laboratory of the Boone County Hospital since 1971, was informed by letter that the Board of Governors of the Hospital had voted to terminate his contract, effective 60 days from the date of notice. Appellant's contract provided a salary of $100,000 and authorized termination of the contract by either party upon 60 days written notice to the other. Appellant complained to the Board that the decision to discharge him had been made in executive session without notice to him in violation of the Arkansas County Government Code, Ark.Stat.Ann. § 17-3101 et seq (Repl.1980), and the Freedom of Information Act, Ark.Stat.Ann. § 12-2801 et seq (Repl.1979). He requested the Board to hold a public hearing on the reasons for his discharge and buttressed his request by submitting supporting petitions signed by various community members. Although a letter was sent to appellant on May 8, 1980 generally outlining the reasons for the Board's decision, the Board refused to hold a public hearing. On June 19, 1980, one day prior to the effective date of his discharge, appellant filed a complaint in chancery court alleging illegal termination of his contract and seeking to temporarily enjoin the Board from discharging him until the merits of his claim could be determined. He alleged that unless the Board was temporarily enjoined, his professional reputation, future employment opportunities and ability to care for his patients would be irreparably harmed. After a brief hearing, the chancellor denied the interlocutory relief and this appeal followed.
The issuance of a temporary restraining order is a matter addressed to the sound discretion of the trial court, and its decision will not be reversed on appeal unless it is clearly erroneous. Spitzer v. Barnhill, 237 Ark. 525, 374 S.W.2d...
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Amalgamated Clothing & Textile Workers Intl. Union v. Earle Industries, Inc.
...will result without the temporary order. See Smith v. American Trucking Ass'n, 300 Ark. 594, 781 S.W.2d 3 (1989); Kreutzer v. Clark, 271 Ark. 243, 607 S.W.2d 670 (1980); Paccar Financial Corp. v. Hummell, 270 Ark. 876, 606 S.W.2d 384 (Ark.App.1980). Moreover, a temporary restraining order i......
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Mercury Marketing v. State ex rel. Beebe
...a temporary restraining order is a finding that a failure to issue it will result in irreparable harm to the applicant." Kreutzer, 271 Ark. at 244, 607 S.W.2d 670, 671 (citing Ark. R. Civ. P. 65). "The prospect of irreparable harm or lack of an otherwise adequate remedy is the foundation of......
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City of Jacksonville v. Smith
...will result in irreparable harm to the applicant." Ledgerwood , 2017 Ark. 308, at 9, 530 S.W.3d at 343 (quoting Kreutzer v. Clark , 271 Ark. 243, 244, 607 S.W.2d 670, 671 (1980) ). The prospect of irreparable harm or lack of an otherwise adequate remedy is the foundation of the power to iss......
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Three Sisters Petroleum, Inc. v. Langley
...Inc., 318 Ark. 524, 886 S.W.2d 594 (1994); American Trucking Ass'n v. Gray, 280 Ark. 258, 657 S.W.2d 207 (1983); Kreutzer v. Clark, 271 Ark. 243, 607 S.W.2d 670 (1980); and Boyd v. Dodge, 217 Ark. 919, 234 S.W.2d 204 (1950). For example, in Gray, 280 Ark. 258, 657 S.W.2d 207, this court con......