60CV-13-2662 Clerks' Oppn to Atty Fees

8/12/2019 60CV-13-2662 Clerks' Oppn to Atty Fees

http://slidepdf.com/reader/full/60cv-13-2662-clerks-oppn-to-atty-fees 1/3

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS3RD DIVISION

M. KENDALL WRIGHT, et al PLAINTIFF

VS. NO. 60 CV-13-2662

THE STATE OF ARKANSAS, et al DEFENDANTS

RESPONSE TO PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES

Come now the Separate White, Lonoke, Washington, Conway and Saline County Clerk

Defendants, White County Clerk Cheryl Evans, Lonoke County Clerk William “Larry” Clarke,

Washington County Becky Lewallen, and Conway County Clerk Debbie Harman, in their official

capacities (referred to collectively herein as the “Separate White, Lonoke, Washington, Conway, and

Saline County Clerk Defendants”), and for their response to the motion for attorneys’ fees filed by

the Plaintiffs’ counsel:

I. INTRODUCTION

The Plaintiffs’ attorneys have moved for reimbursement of their attorneys’ fees and costs,

presumably by the Defendants. The Plaintiffs cite no legal basis for such an award by the Court and

provide no factual support for their request. Since no legal or factual bases exist to support the

Plaintiff’s attorneys’ motion for fees and costs, the Separate White, Lonoke, Washington, Conway,

and Saline County Defendants respectfully request the denial of Plaintiffs’ Attorneys’ Motion for

Attorneys Fees.

II. ARGUMENT

A. No Legal Basis for Fees/Costs Award

1. No Fee-Shifting Statute

Plaintiffs’ motion for attorneys’ fees asserts only (1) that the Plaintiffs “won” and (2) that

they should, therefore, receive reimbursement of their attorneys’ fees (presumably by the Defendants,

although that is not expressly stated). That is not the law, however, as the clearly established law

of attorneys’ fees holds that attorney's fees are not allowed in Arkansas unless expressly authorized

ELECTRONICALLY FIL2014-Jun-03 15:59:34

60CV-13-2662C06D02 : 3 Pages



by statute. Elliott v. Hurst, 307 Ark. 134, 817 S.W.2d 877 (1991); Shelter Mut. Ins. Co. v. Kennedy,

347 Ark. 184, 189, 60 S.W.3d 458, 462 (2001). Plaintiffs’ attorneys do not cite any statute in

support of their claim for attorneys’ fees and no supporting statute exists.

In its Amended, Substituted, and “Final” Order, the Court did not find any civil rights

violations by any of the Defendants and did not find for the Plaintiffs under the Arkansas Civil

Rights Act or 42 U.S.C. §1983. Both of those statutes require a civil plaintiff

2. Plaintiffs Did Not Seek or Recover Any Damages

The fact that the Plaintiffs did not seek, allege prove, or recover any damages in this

action corroborates the fact that they did not prevail under section 1983 or the ARCA.

WHEREFORE, the Respondents respectfully request that the Petitioners’ Motion for

Attorneys Fees be denied.



Respectfully submitted,

White County Clerk Cheryl Evans, Lonoke CountyClerk William “Larry” Clarke, Conway County Clerk

Debbie Hartman, Faulkner County Clerk MelindaReynolds, Washington County Clerk Becky Lewallen,Saline County Clerk Doug Curtis, and their successorsin interest, in their official capacities,Separate White, Lonoke, Washington, Conway and Saline County Clerk Defendants

RAINWATER, HOLT & SEXTON, P.A.P.O. Box 172506315 Ranch DriveLittle Rock, Arkansas 72222-7250Telephone (501) 868-2500Telefax (501) 868-2505

email:[email protected]

By: /s/Jason E. OwensMichael R. Rainwater, #79234Jason E. Owens, #2003003

CERTIFICATE OF SERVICE

I hereby certify that on the 3 day of June, 2014, I electronically filed the foregoing with therd

Clerk of the Court using the Arkansas Judiciary Electronic Filing system, and I am mailing a copy by U.S. Mail, postage prepaid to the following:

Ms. Cheryl K. [email protected]

Mr. Jack Waggoner III [email protected]

Mr. Colin [email protected]

Mr. David [email protected]

Angela [email protected]

Keith [email protected]

/s/ Jason E. OwensJason E. Owens

EQCF

mailto:email:[email protected]


mailto:[email protected]



















Documents

60CV-13-2662 Clerks' Oppn to Atty Fees