The Arkansas Department of Health and Department of Finance and Administration filed a Notice of Appeal to the Arkansas Supreme Court regarding a circuit court ruling in the case of M. Kendall Wright et al v. Nathaniel Smith, MD, MPH, et al. The Notice of Appeal seeks to overturn the circuit court's summary judgment finding that Act 144 of 1997 and Amendment 83 were unconstitutional. The State argues the appeal involves interpretation of the Arkansas Constitution as well as issues of first impression and substantial public interest requiring clarification of the law.
Original Description:
[EQCF 117] Wright v. Arkansas (Arkansas marriage case) State's Notice of Appeal
The Arkansas Department of Health and Department of Finance and Administration filed a Notice of Appeal to the Arkansas Supreme Court regarding a circuit court ruling in the case of M. Kendall Wright et al v. Nathaniel Smith, MD, MPH, et al. The Notice of Appeal seeks to overturn the circuit court's summary judgment finding that Act 144 of 1997 and Amendment 83 were unconstitutional. The State argues the appeal involves interpretation of the Arkansas Constitution as well as issues of first impression and substantial public interest requiring clarification of the law.
The Arkansas Department of Health and Department of Finance and Administration filed a Notice of Appeal to the Arkansas Supreme Court regarding a circuit court ruling in the case of M. Kendall Wright et al v. Nathaniel Smith, MD, MPH, et al. The Notice of Appeal seeks to overturn the circuit court's summary judgment finding that Act 144 of 1997 and Amendment 83 were unconstitutional. The State argues the appeal involves interpretation of the Arkansas Constitution as well as issues of first impression and substantial public interest requiring clarification of the law.
Come now the Director of the Arkansas Department of Health and the Director of the Arkansas Department of Finance and Administration, in their official capacities, and their successors in office (the State), and for their Notice of Appeal, state as follows: 1. The State hereby notifies this Court and the Plaintiffs that the State appeals to the Arkansas Supreme Court from the Courts Order Granting Summary J udgment in Favor of the Plaintiffs and Finding Act 144 of 1997 and Amendment 83 Unconstitutional entered by the Court on May 9, 2014, and the Courts Final Order and Rule 54(B) Certification and Order Entering Final Order and Rule 54(B) Certification Nunc Pro Tunc entered May 15, 2014. The State also appeals from all of the Courts intermediate Orders and rulings that affected the final Orders, including the Courts Order Denying Defendants Motions to Dismiss and Plaintiffs Motion for Preliminary Injunction entered December 19, 2013. 2. The State hereby appeals to the Arkansas Supreme Court pursuant to Arkansas Supreme Court Rule 1-2(a)(1), because this appeal involves the interpretation or construction of the Constitution of Arkansas. The State also appeals pursuant to Rule 1-2(b)(1), because this appeal involves issues of first impression; pursuant to Rule 1-2(b)(4), because this appeal ELECTRONICALLY FILED 2014-May-15 14:19:42 60CV-13-2662 C06D02 : 3 Pages 2
involves issues of substantial public interest; and pursuant to Rule 1-2(b)(5), because this case raises significant issues requiring clarification or development of the law. 3. The State designates as the record on appeal all pleadings and other papers filed of record, the transcript of all hearings and proceedings, and all exhibits, constituting a complete record. 4. The State has ordered the transcript from Ms. Deborah Westmoreland, the reporter of the proceedings in this case, and has undertaken financial arrangements required by the court reporter pursuant to Ark. Code Ann. 16-13-510(c). WHEREFORE, the State prays that the Court accept its Notice of Appeal, and prays for all other just and appropriate relief. Respectfully Submitted,
By: /s/ Colin R. J orgensen Colin R. J orgensen Ark. Bar #2004078 Assistant Attorney General 323 Center Street, Suite 200 Little Rock, AR 72201 Phone: (501) 682-3997 Fax: (501) 682-2591 Email: colin.jorgensen@arkansasag.gov
Attorney for the State.
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CERTIFICATE OF SERVICE
I, Colin R. J orgensen, Assistant Attorney General, certify that on this 15th day of May, 2014, I electronically filed the foregoing with the Circuit Court Clerk using the Arkansas J udiciarys eFlex electronic filing system, which shall provide electronic notification to the following:
Cheryl K. Maples ckmaples@aol.com
J ack Wagoner III jack@wagonerlawfirm.com
Angela Mann angela@wagonerlawfirm.com
R. Keith Pike keith@wagonerlawfirm.com
Attorneys for the Plaintiffs
David M. Fuqua dfuqua@fc-lawyers.com
Attorney for Separate Defendants Pulaski County Clerk Larry Crane and Saline County Clerk Doug Curtis
J ason E. Owens owens@rainfirm.com
Attorney for Separate Defendants White County Clerk Cheryl Evans, Lonoke County Clerk William Larry Clarke, Washington County Clerk Becky Lewallen, and Conway County Clerk Debbie Hartman
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