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BEVERLY ENTERPRISES-ARKANSAS v. CIRCUIT COURT OF INDEPENDENCE COUNTY

No. 06-608.

238 S.W.3d 108 (2006)

BEVERLY ENTERPRISES-ARKANSAS, INC., formerly d/b/a Batesville Nursing and Rehabilitation Center, Appellant, v. CIRCUIT COURT OF INDEPENDENCE COUNTY, Arkansas, Honorable John N. Harkey, Circuit Judge, Appellee.

Supreme Court of Arkansas.

June 29, 2006.

Attorney(s) appearing for the Case

Womack, Landis, Phelps, McNeill & McDaniel, by: Paul McNeill and Richard Lusby, Jonesboro; Hardin, Jesson & Terry, PLC, by: Rex M. Terry, Fort Smith; Williams & Anderson PLC, by: Jess Askew III; and Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., by: R.T. Beard III and M. Samuel Jones, III, Little Rock, AR, for petitioner.

Mike Beebe, Att'y Gen., by: Sherri L. Robinson, Ass't Att'y Gen., Little Rock, AR, for respondent.

Brian G. Brooks, Greenbrier, AR, for plaintiffs.

Bridges, Young, Matthews & Drake, PLC, by: Stephen A. Matthews, Pine Bluff, TX, for amici curiae, Arkansas State Chamber of Commerce, Fort Smith Regional Chamber of Commerce, Jefferson Regional Medical Center, Murphy Oil USA, Inc., and Deltic Timber Corporation.

Nix, Patterson & Roach, LLP, by: M. Chad Trammell, Texarkana, TX, for amici curiae.

JIM HANNAH, Chief Justice.

Beverly Enterprises-Arkansas, Inc., d/b/a Batesville Nursing and Rehabilitation Center, petitions this court under Ark. Sup.Ct. R. 6-1 for a writ of certiorari and a writ of prohibition. Beverly argues that a writ of certiorari should issue to correct the circuit court's abuse of discretion in ordering Beverly to post a $25,000,000 supersedeas bond before it may appeal an order of class certification. Beverly further argues that a writ of...

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