{
  "id": 6137567,
  "name": "CAGLE FABRICATING AND STEEL, INC. v. Roger D. PATTERSON",
  "name_abbreviation": "Cagle Fabricating & Steel, Inc. v. Patterson",
  "decision_date": "1992-02-12",
  "docket_number": "CA 90-481",
  "first_page": "85",
  "last_page": "86",
  "citations": [
    {
      "type": "official",
      "cite": "37 Ark. App. 85"
    },
    {
      "type": "parallel",
      "cite": "827 S.W.2d 660"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "Ark. Code Ann. \u00a7 11-9-715",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "year": 1978,
      "pin_cites": [
        {
          "page": "(b)(1)"
        }
      ],
      "opinion_index": 1
    },
    {
      "cite": "36 Ark. App. 49",
      "category": "reporters:state",
      "reporter": "Ark. App.",
      "case_ids": [
        6137126
      ],
      "weight": 2,
      "year": 1991,
      "opinion_index": 1,
      "case_paths": [
        "/ark-app/36/0049-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 169,
    "char_count": 2136,
    "ocr_confidence": 0.934,
    "pagerank": {
      "raw": 1.6343475431493036e-07,
      "percentile": 0.6898572078912709
    },
    "sha256": "fe44d7ca5fcb45e3e7442f8bcc4105cbb5aecb945b9b0d2be7cf59a9585d9509",
    "simhash": "1:51776da47d6302db",
    "word_count": 361
  },
  "last_updated": "2023-07-14T19:00:27.632915+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Cracraft, C.J., joins."
    ],
    "parties": [
      "CAGLE FABRICATING AND STEEL, INC. v. Roger D. PATTERSON"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellee\u2019s motion for attorney\u2019s fee is granted.",
        "type": "majority",
        "author": "Per Curiam."
      },
      {
        "text": "Melvin Mayfield, Judge,\ndissenting. The majority of this court has today granted the appellee\u2019s motion for attorney\u2019s fee in the above styled case. I dissent.\nThis case was appealed from the Arkansas Workers\u2019 Compensation Commission. By a three to three vote this court affirmed the Commission\u2019s award of compensation to the appel-lee. See Cagle Fabricating and Steel, Inc. v. Patterson, 36 Ark. App. 49, 819 S.W.2d 14 (1991).\nAppellee\u2019s motion was based upon Ark. Code Ann. \u00a7 11-9-715(b)(1) (1978), which provides:\n(b)(1) In addition to the fees provided in subdivision (a)(1) of this section, if the claimant prevails on appeal, the attorney for the claimant shall be entitled to an additional fee at the full commission and appellate court levels, the additional fee to be paid equally by the employer or carrier and by the injured employee or dependents of a deceased employee, as provided above and set by the commission or appellate court.\nThe problem with allowing appellee\u2019s motion at this time is the fact that this case is now in the Arkansas Supreme Court on review under Arkansas Supreme Court Rule 29(6). Our decision was handed down on November 6, 1991; the Supreme Court granted review on December 9, 1991.\nUnder the plain terms of the above statute \u201cif the claimant prevails on appeal\u201d his attorney is entitled to an additional fee \u201cat the full commission and appellate court levels.\u201d What if the Supreme Court reverses our decision and finds for the employer? In that event, did the claimant prevail at the \u201cappellate court\u201d level. I think it would be best to simply leave this issue to the Supreme Court. Thus, I would certify the motion to that court for it to act upon after it has reviewed our decision.\nTherefore, I dissent from the decision of this court which allows the appellee\u2019s motion for attorney\u2019s fee.\nCracraft, C.J., joins.",
        "type": "dissent",
        "author": "Melvin Mayfield, Judge,"
      }
    ],
    "attorneys": [
      "Wayne Harris, for appellant.",
      "Eldon F. Coffman, for appellee."
    ],
    "corrections": "",
    "head_matter": "CAGLE FABRICATING AND STEEL, INC. v. Roger D. PATTERSON\nCA 90-481\n827 S.W.2d 660\nCourt of Appeals of Arkansas Division II\nOpinion delivered February 12, 1992\nWayne Harris, for appellant.\nEldon F. Coffman, for appellee."
  },
  "file_name": "0085-01",
  "first_page_order": 105,
  "last_page_order": 106
}