Qualls v. Ferritor, 97-223
| Decision Date | 30 June 1997 |
| Docket Number | No. 97-223,97-223 |
| Citation | 329 Ark. 235,947 S.W.2d 10 |
| Parties | Harold D. QUALLS, Appellant, v. Daniel FERRITOR, Chancellor, and University of Arkansas, Fayetteville, Appellees. |
| Court | Arkansas Supreme Court |
Harold Qualls, Hot Springs, pro se.
T. Scott Varady, Fayetteville, Jeffrey A. Bell, Little Rock, for Appellees.
Appellant Harold D. Qualls filed suit, pro se, in Washington County Circuit Court, naming as defendants the State of Arkansas, the University of Arkansas at Fayetteville, and the University's Chancellor, Daniel Ferritor. 1 Qualls alleged that, in 1986, he was expelled from the University, but that, under an agreement dated March 23, 1987, the University agreed to readmit him, allow him to attend graduate school, and permit him to obtain a doctorate degree in education if he would surrender his Arkansas teacher certificate. Qualls further alleged he was readmitted and subsequently obtained his bachelor of special education and master of education degrees, but after completing ten hours towards his doctorate degree, was advised by the University that he did not qualify for a doctorate degree because he had no teacher certificate. Qualls asserted the defendants' action caused him compensable damages in the total amount of $1,000,000, and punitive damages of $9,000,000.
The appellees responded to Qualls's complaint by moving to dismiss on the grounds that Qualls had failed to state a claim upon which relief could be granted, and that such suit against the University and Chancellor Ferritor was barred under the sovereign immunity clause (Ark. Const. art. V, § 20) and the statutory immunity provision set out in Ark.Code Ann. § 19-10-305(a) (Repl.1994). The trial court granted appellees' motion, and Qualls brings this appeal, arguing the trial court erred in dismissing his suit.
We are unable to address Qualls's argument because his abstract is flagrantly deficient. See Ark. Sup.Ct. R. 4-2(b). This court's rules require abstracting of such material parts of the pleadings, proceedings, facts, documents, and other matters in the record as are necessary to an understanding of all questions presented to the court for decision. Ark. Sup.Ct. R. 4-2(a)(6).
Qualls's entire argument on appeal is premised on a document dated March 23, 1987, which he labels a "trade agreement, or waiver." However, that agreement appears nowhere in the abstract, and apparently was not presented to the trial court. Also, no testimony is abstracted concerning the March 23 document, even though Qualls mentions the document repeatedly in his statement of the case and argument in his brief. Qualls's briefing problem is exacerbated by his listing and placement of a number of letters, certificates, and other papers in his brief, which are...
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Wilson v. Pulaski Ass'n of Classroom Teachers, 96-1048
...of any convincing legal authority. Under such circumstances, this court has, and should, decline to do so. See, e.g., Qualls v. Ferritor, 329 Ark. 235, 947 S.W.2d 10 (1997); Porter v. Harshfield, 329 Ark. 130, 948 S.W.2d 83 Because appellants failed to prove irreparable harm, we affirm the ......
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Brown v. Tucker
...273 (1996). It is Appellant's burden to demonstrate reversible error and to present a record evidencing such error. Qualls v. Ferritor, 329 Ark. 235, 947 S.W.2d 10 (1997). Moreover, it is fundamental that the record on appeal is confined to that which is abstracted and cannot be contradicte......
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Burdine v. Ark. Dep't of Fin. & Admin.
...its potential impact or applicability. It is the appellant's burden to demonstrate that reversible error exists. See Qualls v. Ferritor, 329 Ark. 235, 947 S.W.2d 10 (1997). I therefore must reluctantly concur and agree to affirm the circuit court. 1. Burdine did not appeal the administrativ......
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Garling v. State
...has the burden of demonstrating reversible error and of presenting a record sufficient to evidence the error. See Qualls v. Ferritor, 329 Ark. 235, 947 S.W.2d 10 (1997); Porter v. Porter, 329 Ark. 42, 945 S.W.2d 376 (1997). When the appellant fails to meet that burden, the trial court must ......