{
  "id": 1885465,
  "name": "MEYERS GENERAL AGENCY v. Marjorie LAVENDER, James Lavender, and Commercial American Insurance, Inc.",
  "name_abbreviation": "Meyers General Agency v. Lavender",
  "decision_date": "1990-03-05",
  "docket_number": "89-297",
  "first_page": "503",
  "last_page": "504",
  "citations": [
    {
      "type": "official",
      "cite": "301 Ark. 503"
    },
    {
      "type": "parallel",
      "cite": "785 S.W.2d 28"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "296 Ark. 581",
      "category": "reporters:state",
      "reporter": "Ark.",
      "year": 1988,
      "opinion_index": 0
    },
    {
      "cite": "297 Ark. 57",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1891464
      ],
      "weight": 3,
      "year": 1988,
      "opinion_index": 0,
      "case_paths": [
        "/ark/297/0057-01"
      ]
    },
    {
      "cite": "Ark. Code Ann. \u00a7 16-22-308",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "year": 1987,
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 210,
    "char_count": 2393,
    "ocr_confidence": 0.915,
    "pagerank": {
      "raw": 1.27879270835649e-07,
      "percentile": 0.6166998539297078
    },
    "sha256": "9ee6268432f263c215439f5b5f9400f8fcf2f345b246d6639a96e678921b3b57",
    "simhash": "1:f32954352c5ec27e",
    "word_count": 384
  },
  "last_updated": "2023-07-14T21:23:07.951222+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Price, J., not participating."
    ],
    "parties": [
      "MEYERS GENERAL AGENCY v. Marjorie LAVENDER, James Lavender, and Commercial American Insurance, Inc."
    ],
    "opinions": [
      {
        "text": "Tom Glaze, Justice.\nAppellant obtained judgment against appellees in the sum of $30,633.79, but the trial court denied appellant\u2019s request for attorney\u2019s fees. On appeal, appellant claims it is entitled to attorney\u2019s fees under Ark. Code Ann. \u00a7 16-22-308 (1987), and the trial court erred in holding \u00a7 16-22-308, which was enacted on April 1, 1987, did not apply to this case.\nWe have frequently noted that the basic pleadings and the judgment or decree appealed from are ordinarily essential constituents of the abstract. Davis v. Wingfield, 297 Ark. 57, 759 S.W.2d 219 (1988). Since there is only one transcript, it would be impractical to require all the members of the court to examine it to determine the contents of the lower court\u2019s judgment. Id.\nHere, appellant failed to abstract any of the proceedings below, including the judgment and pleadings. In fact, appellant\u2019s original complaint filed in this matter is neither abstracted nor made a part of the transcript. While the parties seem to agree in their arguments that the appellant\u2019s suit was filed before \u00a7 16-22-308 was enacted, appellant\u2019s statement of the case reflects it was filed afterwards, August 31, 1988. The August 31, 1988, date probably is in error since appellant\u2019s amended complaint bears that same date. Even so, neither the abstract nor transcript reflects any other date concerning when this action may have been filed.\nBecause the judgment and pleadings were not abstracted, we affirm pursuant to Rule 9(e)(2). In doing so, we further note that we viewed this matter under provisional Rule 9, which provides for the alternative appendix system. In re Revision of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas, 296 Ark. 581, 757 S.W.2d LVIII (1988). Appellant filed no appendix, and as mentioned previously, even the transcript submitted on appeal omits pleadings which are relevant to the issues on appeal.\nWe affirm.\nPrice, J., not participating.",
        "type": "majority",
        "author": "Tom Glaze, Justice."
      }
    ],
    "attorneys": [
      "Daggett, Van Dover, & Donovan, by: Jesse B. Daggett, for appellant.",
      "Eichenbaum, Scott, Miller, Liles & Heister, P.A., by: Randel K. Miller, for appellees."
    ],
    "corrections": "",
    "head_matter": "MEYERS GENERAL AGENCY v. Marjorie LAVENDER, James Lavender, and Commercial American Insurance, Inc.\n89-297\n785 S.W.2d 28\nSupreme Court of Arkansas\nOpinion delivered March 5, 1990\n[Rehearing denied April 2, 1990.]\nDaggett, Van Dover, & Donovan, by: Jesse B. Daggett, for appellant.\nEichenbaum, Scott, Miller, Liles & Heister, P.A., by: Randel K. Miller, for appellees.\nHays, J., would grant rehearing. Price, J., not participating."
  },
  "file_name": "0503-01",
  "first_page_order": 535,
  "last_page_order": 536
}