{
  "id": 3688975,
  "name": "Mary E. GREEN and Michael B. Green, Individually and as Parents, Next Friends and Natural Guardians of Michael Green During His Minority; and Michael Green, Individually v. ALPHARMA, INC.; Alpharma Animal Health Co.; George's Farms, Inc.; George's Processing, Inc.; Peterson Farms, Inc.; Simmons Foods, Inc.; Simmons Poultry Farms, Inc.; and Tyson Foods, Inc.",
  "name_abbreviation": "Green v. Alpharma, Inc.",
  "decision_date": "2008-09-04",
  "docket_number": "07-382",
  "first_page": "146",
  "last_page": "148",
  "citations": [
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      "cite": "374 Ark. 146"
    },
    {
      "type": "parallel",
      "cite": "286 S.W.3d 677"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
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    {
      "cite": "327 Ark. 195",
      "category": "reporters:state",
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      "cite": "374 Ark. 67",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 2008,
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      "cite": "373 Ark. 378",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        3666571
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      "weight": 4,
      "year": 2008,
      "pin_cites": [
        {
          "parenthetical": "\"Alpharma I\""
        },
        {
          "parenthetical": "\"Alpharma I\""
        }
      ],
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        "/ark/373/0378-01"
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  "last_updated": "2023-07-14T22:36:09.980592+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Mary E. GREEN and Michael B. Green, Individually and as Parents, Next Friends and Natural Guardians of Michael Green During His Minority; and Michael Green, Individually v. ALPHARMA, INC.; Alpharma Animal Health Co.; George\u2019s Farms, Inc.; George\u2019s Processing, Inc.; Peterson Farms, Inc.; Simmons Foods, Inc.; Simmons Poultry Farms, Inc.; and Tyson Foods, Inc."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nOn May 8, 2008, we reversed the Washington County Circuit Court\u2019s grant of summary judgment in favor of the Appellee poultry producers and remanded the case for trial as to the poultry producers. See Green v. Alpharma, Inc., 373 Ark. 378, 284 S.W.3d 29 (2008) (\u201cAlpharma I\u201d). We also affirmed the circuit court\u2019s ruling on the issue of expert testimony. Id., 284 S.W.3d 29. Later, Appellants Mary E. Green and Michael B. Green, individually and as parents, next friends, and natural guardians of Michael Green during his minority (collectively \u201cthe Greens\u201d) filed a motion for taxation of costs for briefing costs, filing fee, and actual costs for the production of the record on appeal. In Green v. Alpharma, 374 Ark. 67, 285 S.W.3d 665 (2008) (per curiam) (\u201cAlpharma II\u201d), we denied the Greens\u2019 request to recover $500 in briefing costs, but we awarded the Greens the $100 filing fee, as well as one-half the amount of the requested costs for the record.\nOn June 26, 2008, Appellees Alpharma Inc. and Alpharma Animal Health Company (\u201cAlpharma\u201d), pursuant to Arkansas Supreme Court Rules 4-2(b) and 6-7, filed a motion for the taxation of costs against the Greens. Specifically, Alpharma requests $500 in brief costs, pursuant to Rule 6-7 (a) or (c), and other costs for the Greens\u2019 alleged noncompliance with Rule 4-2 in producing an allegedly deficient Abstract and Addendum. On July 2, 2008, the Greens filed their response and recommended that we deny or dismiss Alpharma\u2019s motion.\nArkansas Supreme Court Rule 6-7 provides for the taxation of costs in favor of a prevailing party on appeal. Subsection (a) states that the \u201cappellee may recover brief costs not to exceed $3.00 per page; total costs not to exceed $500.\u201d Further, subsection (c) states that we \u201cmay assess appeal costs according to the merits of the case\u201d when we have affirmed in part and reversed in part. Thus, with regard to Alpharma\u2019s request for brief costs, we grant $500 in briefing costs because we affirmed the circuit court\u2019s ruling in its favor on the issue of expert testimony in Alpharma I.\nHowever, we deny Alpharma\u2019s request for taxation of costs for any alleged deficiency in the Greens\u2019 Abstract and Addendum under Rule 4-2. We made no such finding either in Alpharma I or Alpharma II. For this reason, we decline to award these costs to Alpharma.\nMotion affirmed in part; denied in part.\nFurther, we note that we have jurisdiction over this matter although the mandate in Alpharma I was issued on June 19, 2008. See Jones v. Jones, 327 Ark. 195, 938 S.W.2d 228 (1997).",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Lundy & Davis, LLP (Lake Charles, LA), by: Hunter W. Lundy, Clayton A.L. Davis, and Keith Prudhomme (Fayetteville, AR), by: Jason M. Hatfield, for appellants.",
      "Shook, Hardy & Bacon, LLP, by: Robert T. Adams, John S. Johnston, and Steven D. Soden; and Taylor Law Firm, by: Timothy Brooks, for appellees Alpharma, Inc., and Alpharma Animal Health."
    ],
    "corrections": "",
    "head_matter": "Mary E. GREEN and Michael B. Green, Individually and as Parents, Next Friends and Natural Guardians of Michael Green During His Minority; and Michael Green, Individually v. ALPHARMA, INC.; Alpharma Animal Health Co.; George\u2019s Farms, Inc.; George\u2019s Processing, Inc.; Peterson Farms, Inc.; Simmons Foods, Inc.; Simmons Poultry Farms, Inc.; and Tyson Foods, Inc.\n07-382\n286 S.W.3d 677\nSupreme Court of Arkansas\nOpinion delivered September 4, 2008\nLundy & Davis, LLP (Lake Charles, LA), by: Hunter W. Lundy, Clayton A.L. Davis, and Keith Prudhomme (Fayetteville, AR), by: Jason M. Hatfield, for appellants.\nShook, Hardy & Bacon, LLP, by: Robert T. Adams, John S. Johnston, and Steven D. Soden; and Taylor Law Firm, by: Timothy Brooks, for appellees Alpharma, Inc., and Alpharma Animal Health."
  },
  "file_name": "0146-01",
  "first_page_order": 170,
  "last_page_order": 172
}
