# Helena-West Helena School District 2 v. Circuit Court

> Supreme Court of Arkansas · March 15, 2007 · 368 Ark. 549

URL: https://www.frixlaw.com/law-library/cases/9691022

## Case

- **Full name:** HELENA-WEST HELENA SCHOOL DISTRICT #2 of PHILLIPS COUNTY, Arkansas; Rudolph Howard, Interim Superintendent in His Individual and Official Capacity; And Lisa Baker in Her Individual and Official Capacity as Principal of West Side Elementary School of the Helena-West Helena School District v. the CIRCUIT COURT of PHILLIPS COUNTY, Arkansas
- **Court:** Supreme Court of Arkansas
- **Decided:** March 15, 2007
- **Citations:** 368 Ark. 549; 247 S.W.3d 823; 2007 Ark. LEXIS 209
- **Precedential status:** Published
- **Opinion:** Dissent by Glaze
- **Judges:** Donald L. Corbin
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9691022

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9691022. Public record. Not legal advice.