Opinion

Shields v. QHG of Springdale, Inc.

  • 302 S.W.3d 598
  • 2009 Ark. 88
  • 2009 Ark. LEXIS 294
  • 2009 WL 483894
Court
Supreme Court of Arkansas
Filed
Feb 26, 2009
Status
Published
Author
Danielson
On the bench
Brown, Danielson, Hannah, Imber
Cited by
5 cases
Authority
More cited than 21.5%

The opinion

PAUL E. DANIELSON, Justice. | Respectfully, I dissent. Our case law makes clear, and the majority acknowledges, that once a pro se motion is filed by a represented party, a circuit court should exercise its discretion to either (1) strike the pro se motion on the ground that the defendant is represented by counsel and thus was not entitled to proceed pro se, or (2) otherwise make an appropriate ruling on the motion. See Urquhart v. Davis, 342 Ark. 9 , 25 S.W.3d 411 (2000); Monts v. Lessenberry, 305 Ark. 202 , 806 S.W.2d 379 (1991). In either event, “disposition should be prompt and made a matter of record.” Urquhart, 342 Ark. at 9 , 25 S.W.3d at 411 (emphasis added); Monts, 305 Ark. at 206 , 806 S.W.2d at 382 (emphasis added).

Here, the majority affirms the circuit court’s action on the basis that the circuit | ¡.court’s grant of summary judgment “effectively” denied Shields’s motion to enlarge time, thus disposing of Shields’s pro se motion. Such a holding is in clear conflict with our case law. The circuit court was required to dispose of Shields’s motion promptly and as a matter of record. Thus, the circuit court was required to act affirmatively, not “effectively.” Because the circuit court neither struck Shields’s motion, nor acted on the motion, I would reverse and remand. See, e.g., Urquhart v. Davis, 341 Ark. 653 , 19 S.W.3d 21 (2000); Monts v. Lessenberry, supra.

BROWN and IMBER, JJ., join.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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