The opinion
Tom Glaze, Justice, dissenting. The majority opinion states that this court has treated petitions for writs of certiorari as appeals in the past when the petition is filed within the appeal time; it relies on two old cases for this proposition. See Williamson v. Mitchell Auto Co., 181 Ark. 693 , 27 S.W.2d 96 (1930) (holding that this court will treat a petition for writ of certiorari as an appeal where the time for an appeal has not expired); Miller v. Tatum, 170 Ark. 152 , 279 S.W. 1002 (1926).
The rule adopted in these two cases makes no sense. Of course, a party has thirty days in which to file a notice of appeal. Why wouldn’t the party do so, rather than filing a petition for writ of certiorari within that thirty-day period and asking this court to treat his petition as an appeal? The rule is misleading and confusing and just plain wrong.
Imber, J., joins.