Memorandum Opinions, In re

Decision Date27 November 1985
Citation700 S.W.2d 63,16 Ark.App. 301
PartiesIn re MEMORANDUM OPINIONS.
CourtArkansas Court of Appeals

PER CURIAM.

In a per curiam opinion dated May 2, 1984, see 11 Ark.App. 308, we stated that it had become necessary, in attempting to keep our docket current, to increase the number of cases submitted each week and to employ, under the authority of Supreme Court and Court of Appeals Rule 21, the use of brief memorandum opinions not designated for publication. We are today modifying the per curiam opinion of May 2, 1984, to give notice that hereafter memorandum opinions may be issued in any or all of the following cases:

(a) Where the only substantial question involved is the sufficiency of the evidence;

(b) Where the opinion, or findings of fact and conclusions of law, of the trial court or agency adequately explain the decision and we affirm;

(c) Where the trial court or agency does not abuse its discretion and that is the only substantial issue involved; and

(d) Where the disposition of the appeal is clearly controlled by a prior holding of this court or the Arkansas Supreme Court and we do not find that our holding should be changed or that the case should be certified to the supreme court.

These cases will be submitted as "extra" cases and will not affect the disposition of cases entitled by law to preferential submission. Memorandum opinions may also be used in other cases from time to time, but an opinion in conventional form will be issued in any case where the court deems it necessary or desirable.

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205 cases
  • McKinney v. Ark. Dep't of Human Servs. & Minor Children
    • United States
    • Court of Appeals of Arkansas
    • September 20, 2017
    ...pursuant to Brookshire Grocery Co. v. Morgan, 2017 Ark. 221, 2017 WL 2473268 (per curiam) (overruling In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985) (per curiam))).2 Two siblings of B.M. and A.M.—R.M., born 5/24/98, and C.M., born 7/20/15—were removed pursuant to the same......
  • Brookshire Grocery Co. v. Morgan
    • United States
    • Supreme Court of Arkansas
    • March 1, 2018
    ...to abolish the practice of disposing of fully briefed cases by memorandum opinion. Id. We overruled In re Memorandum Opinions , 16 Ark. App. 301, 700 S.W.2d 63 (1985) (per curiam), and we amended Arkansas Supreme Court Rule 5–2(e) to require that all opinions issued by the court of appeals ......
  • Faussett v. Ark. Dep't of Human Servs. & Minor Children, CV-16-925
    • United States
    • Court of Appeals of Arkansas
    • March 15, 2017
    ...merit. Accordingly, by memorandum opinion, we affirm the termination of Baty's parental rights to A.B. and J.B. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e) (2013). We also grant counsel's motion to withdraw from representation of Baty.II. Fauss......
  • Nabholz Construction Corp. v. Gates, 2010 Ark.App. 182 (Ark. App. 2/24/2010)
    • United States
    • Court of Appeals of Arkansas
    • February 24, 2010
    ...and because the Commission's opinion adequately explains the decision, we affirm by memorandum opinion. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985). PITTMAN and BAKER, JJ., agree. ...
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