Supreme Court of Arkansas

Deer/mt. Judea School District, Appellant v. Thomas W. Kimbrell, Appellee; Deer/mt. Judea School District, Appellant…

October 10, 20132013 Ark. LEXIS 463

Summary

The Arkansas Supreme Court affirmed the circuit court’s dismissal of certain res judicata‑precluded claims, reversed and remanded other claims as not barred, affirmed the striking of DMJ’s amended complaint, denied the motion to dismiss the appeal as untimely, and dismissed the Kimbrell appeal as moot. Justice Corbin, dissenting in part and concurring in part, would have dismissed the Beebe appeal as untimely.

Holding

  • Whether the appeal in the Beebe case was timely and the motion to dismiss should be denied. The appeal was timely; the motion to dismiss is denied.
  • Whether the circuit court erred in applying res judicata to bar DMJ’s adequacy, COLA, transportation, and facilities claims. The circuit court erred; those claims are not barred by res judicata and the dismissal is reversed and remanded.
  • Whether the circuit court correctly applied res judicata to bar the education‑funding claims that could have been litigated in Lake View. The circuit court correctly dismissed those claims as barred by res judicata.
  • Whether the circuit court abused its discretion in striking DMJ’s amended and supplemental complaint. The circuit court did not abuse discretion; the strike is affirmed.
  • Whether the Kimbrell appeal is moot. The Kimbrell appeal is moot and is dismissed.

Docket CV-13-182

Cited authorities

  • Rule 15 of the Arkansas Rules of Civil Procedure
  • Rule 15(a)
  • Ark. R. Civ. P. 41
  • Rule 41(b)
  • Rule 41(a)(2)
  • Rule 60 of the Arkansas Rules of Civil Procedure
  • Rule 2(a)(4) of the Arkansas Rules of Appellate Procedure
  • Rule 54(b)

Cited by

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