Opinion

Williams v. Martin

  • 335 Ark. 163
  • 980 S.W.2d 248
  • 1998 Ark. LEXIS 630
Court
Supreme Court of Arkansas
Filed
Nov 19, 1998
Status
Published
Author
Arnold
On the bench
Arnold, Glaze, Imber, Smith
Cited by
15 cases

supp. op. on denial of rehearing

How later courts described this case

  • supp. op. on denial of rehearing
  • abstract “somewhat lacking,” but not flagrantly deficient

Written by the judges who cited it.

The opinion

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

W.H. “Dub” Arnold, Chief Justice. It is the contention of the appellant in his petition for rehearing that the majority opinion did not address the issue of whether Rule 11 of the Arkansas Rules of Civil Procedure authorizes a monetary sanction that exceeds the cost and attorney’s fee. This issue was not raised by appellant in his initial appeal; however, the Court did uphold the trial court’s assessment of $5,000.00 in sanctions. While Judge Dawson erroneously used the term “exemplary damages” in his findings, it was apparent from the record that he was applying sanctions under Rule 11. Unlike Federal Rule 11, our Rule 11 places no limit on the amount of sanctions that may be imposed.

Therefore, appellant’s petition for rehearing is denied.

Glaze, Imber, and Smith, JJ., dissent.

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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