{
  "id": 1451149,
  "name": "Jennings and Mitzi OSBORNE v. Arleta POWER, Dick Wallace, Joe H. Smith, Dennis Lucy, Tom Fiser, Catherine Cockrill",
  "name_abbreviation": "Jennings v. Power",
  "decision_date": "1995-05-08",
  "docket_number": "93-1303",
  "first_page": "466",
  "last_page": "467",
  "citations": [
    {
      "type": "official",
      "cite": "320 Ark. 466"
    },
    {
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      "cite": "896 S.W.2d 905"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
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  "cites_to": [
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      "cite": "319 Ark. 239",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1994,
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      "cite": "319 Ark. 52",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      "year": 1994,
      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "318 Ark. 858",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1455912
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      "weight": 2,
      "year": 1994,
      "opinion_index": 0,
      "case_paths": [
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    "simhash": "1:40fe2cac616d9504",
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  "last_updated": "2023-07-14T17:06:37.743482+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Newbern and Brown, JJ., not participating.",
      "Special Justices William S. Arnold and Ernie Wright join in this per curiam."
    ],
    "parties": [
      "Jennings and Mitzi OSBORNE v. Arleta POWER, Dick Wallace, Joe H. Smith, Dennis Lucy, Tom Fiser, Catherine Cockrill"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nOn December 5,1994, this court affirmed a ruling by the chancery court that appellants\u2019 Christmas light display constituted a nuisance where located. The opinion provided that the Osbornes were free to maintain an unrestricted display at an appropriate location, but issued an injunction directing them to substantially reduce the size and extravagance of the display located in their residential neighborhood. Osborne v. Power, 318 Ark. 858, 890 S.W.2d 570 (1994).\nOn December 16, 1994, this court denied a stay of the mandate. Osborne v. Power, 319 Ark. 52, 890 S.W.2d 574 (1994). On December 19, 1994, appellees filed a motion in which they alleged that appellant Jennings Osborne disobeyed the court\u2019s order by lighting massive portions of the display. Appellees asked that Jennings Osborne be held in contempt of court. In response this court ordered Jennings Osborne to appear and show cause why he should not be held in contempt for willfully disobeying the injunction. Osborne v. Power, 319 Ark. 177, 890 S.W.2d 575 (1994). Jennings Osborne appeared and pleaded not guilty in the original action in this court.\nOn January 9, 1995, this court issued a per curiam order appointing The Honorable George Cracraft as a Special Master to hear the contempt matter. Osborne v. Power, 319 Ark. 239, 890 S.W.2d 577 (1995); see also ARCP Rule 53.\nOn January 23, 1995, a petition for rehearing on the merits of the original appeal was denied. Other motions, which are not material to this opinion, have been filed and ruled upon.\nOn March 31, 1995, the transcript from the contempt hearing was filed, and on April 4, 1995, the Master\u2019s report was filed. The Special Master reports that Jennings Osborne substantially reduced the size and extravagance of the display; that the 1994 display was not calculated to and did not attract unusual numbers of visitors to the neighborhood; that there was little or no sound generated by the display; and that all of Osborne\u2019s actions, if contemptuous, were taken on advice of counsel. Appellees filed a notice of appeal from the Special Master\u2019s report, and appellant Jennings Osborne moved to strike the notice of appeal. We treat the notice of appeal as an objection to the Special Master\u2019s report, see ARCP Rule 53(e)(2), and treat Jennings Osborne\u2019s motion to strike as a motion to strike the objection. We deny the motion to strike the objection. We will hear the objection and response thereto by briefs. The Clerk of the Court will notify the parties the dates their briefs are due. The request for oral argument is denied.\nJennings Osborne filed a motion with the Special Master asking that the contempt citation be dismissed on the ground that this court has lost jurisdiction of the contempt proceeding. We deny the motion.\nThe Special Master has filed a petition for allowance of fees. We grant the motion and fix the amount of fees at $3,500.00.\nNewbern and Brown, JJ., not participating.\nSpecial Justices William S. Arnold and Ernie Wright join in this per curiam.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "The Perroni Law Firm, P.A., by: Samuel A. Perroni and John R. Pagan, for appellants.",
      "Gary D. Corum, for appellees."
    ],
    "corrections": "",
    "head_matter": "Jennings and Mitzi OSBORNE v. Arleta POWER, Dick Wallace, Joe H. Smith, Dennis Lucy, Tom Fiser, Catherine Cockrill\n93-1303\n896 S.W.2d 905\nSupreme Court of Arkansas\nOpinion delivered May 8, 1995\nThe Perroni Law Firm, P.A., by: Samuel A. Perroni and John R. Pagan, for appellants.\nGary D. Corum, for appellees."
  },
  "file_name": "0466-01",
  "first_page_order": 494,
  "last_page_order": 495
}