LAKE VIEW SCHOOL DIST. NO. 25 v. HUCKABEE

No. 01-836.

94 S.W.3d 340 (2002)

351 Ark. 385

LAKE VIEW SCHOOL DISTRICT NO. 25 OF PHILLIPS COUNTY, Arkansas, et al., Appellant, v. Governor Mike HUCKABEE; Senator Mike Beebe, President Pro Tempore of the Senate; Representative Shane Broadway, Speaker of the House; State Auditor Gus Wingfield; State Treasurer Jimmie Lou Fisher; Director of the Arkansas Department of Education Raymond Simon; Arkansas State Board of Education Members Luke Gordy, William Fisher, Jonell Caldwell, Anita Yates, Lewis Thompson, Claiborne Deming, Richard Smith, Betty Pickett, Robert Hackler, and Shelby Hillman; and Director of the Arkansas Department of Finance and Administration Richard Barclay, Appellee,

Supreme Court of Arkansas.

December 19, 2002.


Attorney(s) appearing for the Case

E. Dion, Helena; Don Trimble, Little Rock; and Lewellen & Associates, Marianna, for appellant class.

Jack, Lyon & Jones, P.A., by: Eugene G. Sayre, Little Rock, special attorney for appellant class.

Mark Pryor, Atty. Gen., by: Dennis R. Hansen, Deputy Atty. Gen.; Brian G. Brooks, Sr. Asst. Atty. Gen.; and Timothy G. Gauger, Asst. Atty. Gen., for State appellees.


PER CURIAM.

The appellees, collectively referred to as the State, have filed a motion for award of costs pursuant to Ark. R. Sup.Ct. 4-2(b)(1), against the appellant, Lake View and its counsel. Lake View did not file a response to the motion. The basis for the State's motion is Ark. Sup.Ct. R. 4-2(b)(1) which provides:

If the appellee considers the appellant's abstract or Addendum to be defective, the appellee's brief should call the deficiencies to the Court...

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