Summary
The Arkansas Court of Appeals dismissed an appeal concerning a Washington County quorum court's denial of a conditional-use permit for a sober-living recovery program. The court held that a subsequent circuit-court order staying entry of the judgment eliminated any effective judgment for appellate review, particularly in light of a conflicting federal injunction. The court also denied as moot a motion to supplement the record.
Holdings
- The January 2 order was intended to vacate the legal effect of the December 17 order, so there was no judgment remaining for the appellate court to review.
- A judgment is not effective until it is entered.
Questions Presented
- Whether the January 2, 2025 circuit-court order staying entry of the judgment eliminated the legal effect of the December 17, 2024 order so that no appealable judgment remained.
- Whether the appeal should be dismissed when the challenged circuit-court judgment had been rendered without legal effect before appellate review.
Disposition
dismissed
Cases Cited (6)
- MMSC, LLC v. Washington County, 2026 Ark. 56, ___ S.W.3d ___(followed)
- Exigence, LLC v. Baylark, 2010 Ark. 306, 367 S.W.3d 550(followed)
- McKim v. Sullivan, 2019 Ark. App. 485, 588 S.W.3d 118(followed)
- Terry v. White, 374 Ark. 366, 288 S.W.3d 194 (2008)(followed)
- Brinkley Sch. Dist. v. Terminix Int’l Co., L.P., 2019 Ark. App. 445, 586 S.W.3d 694(followed)
- McCain Mall Co. Ltd. P’ship v. Nick’s Bar Louie, Inc., 2025 Ark. App. 505(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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