Cooper v. Faulkner Cnty. Cir. Ct.

Cite as 2014 Ark. 330
SUPREME COURT OF ARKANSAS
No. CV-13-202
KAREN COOPER AND JACK Opinion Delivered JULY 31, 2014
DOWELL
PETITIONERS
V.
ORDER TO SHOW CAUSE
FAULKNER COUNTY CIRCUIT DISMISSED.
COURT
RESPONDENT
PER CURIAM
We ordered attorneys Gary D. Jiles and Matthew K. Brown to appear before this court
and show cause why they should not be held in contempt for violating a stay issued by this
court in the matter of City of Conway & Conway Corp. v. Cooper, No. 23CV-11-940, then
pending in the Faulkner County Circuit Court. Cooper v. Faulkner Cty. Cir. Ct., 2013 Ark.
321 (per curiam). Both Mr. Jiles and Mr. Brown appeared, pleaded not guilty, and this court
appointed the Honorable John Plegge as a master to hold a hearing and make findings of fact.
A hearing was held on April 8, 2014. Judge Plegge heard testimony from the
following witnesses: Kent Walker, attorney for Karen Cooper and Jack Dowell, landowners
in the underlying condemnation action; Jillian Janik, an associate attorney at the Walker Law
Firm; Jessica Wells, an employee of Millar Jiles, LLP; Amanda Duran, an employee of Millar
Jiles, LLP; as well as Mr. Jiles and Mr. Brown. At the conclusion of that hearing, Judge
Plegge asked counsel for Mr. Jiles and Mr. Brown, as well as counsel for Mr. Walker, to each
Cite as 2014 Ark. 330
submit proposed findings of fact. Thereafter, Mr. Jiles and Mr. Brown, through their
attorney, submitted proposed findings of fact and conclusions of law. Mr. Walker and his
attorney notified Judge Plegge that they would not be submitting any findings of fact.
On June 23, 2014, Judge Plegge notified this court in writing that he had reviewed
each of the proposed findings and was in agreement with each of them, with the exception
of two matters he believed to be within this court’s purview. The proposed findings, as well
as all exhibits received into evidence during the hearing, were attached to Judge Plegge’s
letter, and these items were filed with our clerk that same day. We thank Judge Plegge for
his service in this matter.
Upon reviewing the transcript, exhibits, and proposed findings, we conclude that there
was no willful violation of this court’s stay by either Mr. Jiles or Mr. Brown. We therefore
dismiss the order to show cause.
Dismissed.
-2- CV-13-202