{
  "id": 6659313,
  "name": "David STEELE, d/b/a S & S CONCRETE CONSTRUCTION v. Curtis NICHOLSON",
  "name_abbreviation": "Steele v. Nicholson",
  "decision_date": "1987-07-29",
  "docket_number": "CA 87-150",
  "first_page": "115",
  "last_page": "116",
  "citations": [
    {
      "type": "official",
      "cite": "22 Ark. App. 115"
    },
    {
      "type": "parallel",
      "cite": "732 S.W.2d 876"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "292 Ark. 456",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1871485
      ],
      "weight": 2,
      "year": 1987,
      "opinion_index": 1,
      "case_paths": [
        "/ark/292/0456-01"
      ]
    }
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  "last_updated": "2023-07-14T22:48:37.186670+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Corbin, C.J., and Mayfield, J., dissent."
    ],
    "parties": [
      "David STEELE, d/b/a S & S CONCRETE CONSTRUCTION v. Curtis NICHOLSON"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellee\u2019s pro se motion to file a belated brief and for brief time is granted.\nCorbin, C.J., and Mayfield, J., dissent.",
        "type": "majority",
        "author": "Per Curiam."
      },
      {
        "text": "Melvin Mayfield, Judge,\ndissenting. I want to express my dissent from the decision by the majority of this court allowing a late brief to be filed for the appellee in this case.\nThe brief was due to be filed on July 5, 1987. On June 30, 1987, a motion was filed by an attorney asking that this court \u201crelieve him as attorney of record for the reason that the appellee, Curtis Nicholson, has failed and refused to pay his fees in the above entitled cause.\u201d\nHowever, on July 10, 1987, the appellee filed a motion, which he signed, stating that his brief was due on July 5, 1987, admitting that he had \u201cfailed to pay an attorney to represent my interest,\u201d claiming to now have the money and being \u201cwilling to employ an attorney,\u201d and requesting that this court grant him additional time in which to file his brief.\nJust last month, the Arkansas Supreme Court said that a party who had failed to \u201ckeep up\u201d with her case could not be heard to complain when a judgment was taken against her at a trial she did not attend. See Diebold v. Myers General Agency, Inc., 292 Ark. 456, 731 S.W.2d 183 (1987). In the case before us, the appellee\u2019s attorney has said the appellee \u201chas failed and refused\u201d to pay his fee, and the appellee himself admits this is true. Based upon the Diebold v. Myers General Agency, Inc. case, I would deny the appellee\u2019s request to extend the time limit so he can file his brief late.\nUnder the Model Rules of Professional Conduct, an attorney may \u201cin some circumstances\u201d withdraw from representation of a client \u201cif it can be accomplished without material adverse effect on the client\u2019s interests.\u201d (See ARCP Rule 64 for requirements of a motion to withdraw.) One of the circumstances under which an attorney may withdraw is where the client \u201crefuses to abide by the terms\u201d of an \u201cagreement concerning fees.\u201d See \u201cComment\u201d following Rule 1.16, 287 Ark. at 548.1 do not know whether appellee\u2019s attorney was justified in seeking permission to withdraw in this case, but if he was, it seems clear to me that the appellee does not have a sufficient excuse to allow him to file a brief late. At least, his motion gives no information from which I can find such an excuse.\nTherefore, I dissent from the granting of appellee\u2019s motion to file a belated brief. I am authorized to say that Chief Judge Corbin joins in this dissent.",
        "type": "dissent",
        "author": "Melvin Mayfield, Judge,"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "David STEELE, d/b/a S & S CONCRETE CONSTRUCTION v. Curtis NICHOLSON\nCA 87-150\n732 S.W.2d 876\nCourt of Appeals of Arkansas En Banc\nOpinion delivered July 29, 1987"
  },
  "file_name": "0115-01",
  "first_page_order": 137,
  "last_page_order": 138
}