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.