LOVELESS v. AGEE

08-144.

2010 Ark. 53

Edward K. LOVELESS, Appellant, v. Roy AGEE, Department of Correction Keeper of Records, and Larry Norris, Director, Department of Correction, Appellees.

Supreme Court of Arkansas.

Opinion Delivered February 4, 2010.


JIM GUNTER, Associate Justice.

Appellant appeals the circuit court's order dismissing his petition for declaratory judgment and injunctive relief. On appeal, appellant asserts that the circuit court erred in (1) not allowing him an opportunity to respond to the State's motion to dismiss, and (2) dismissing his petition under Ark. R. Civ. P. 12(b)(6). We agree that the motion to dismiss was prematurely granted; therefore, we reverse and remand.

Appellant, an...

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