Ottie Hooker v. Producers Tractor Company et al.

Ottie HOOKER v. PRODUCERS TRACTOR COMPANY, et
al.

96-851                                             ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered November 25, 1996


1.   Appeal & error -- consolidation order voided. -- Where the
     supreme court clerk's office named appellant's petition as a
     motion to consolidate two related appeals and advised
     appellant that the motion had been granted, the supreme court
     held that consolidating the two appeals was incorrect and
     voided the consolidation order.

2.   Appeal & error -- petition to add party to certificate of
     service for dismissed appeal was moot. -- Where appellant's
     appeal to the supreme court had been dismissed earlier, his
     petition to add a party to the certificate of service in that
     appeal was moot.

     Emergency Petition to Set Aside Order of October 21, 1996, and
to Strike Any Alleged Motion to Consolidate; granted in part;
denied in part.
     Appellant, pro se.
     Daggett, Van Dover, Donovan & Perry, PLLC, by:  James R. Van
Dover, for appellees.

     Robert L. Brown, Justice.
     Petitioner Ottie Hooker petitions this court pro se to set
aside its order of October 21, 1996, and to strike any motion to
consolidate appeals made in his name.  We take this opportunity to
clarify and correct the procedural history of this case.
     Appellant Hooker is pursuing two related appeals in the
appellate courts: (1) Hooker v. Producers Tractor Co., et al.,
Supreme Court No. 96-851; and (2) Hooker v. Producers Tractor Co.,
et al., Court of Appeals No. 96-1069.  On October 2, 1996, Hooker
petitioned to have John Deere Credit added to his certificate of
service in case number 96-851.  The petition was granted.  The
Supreme Court Clerk's office named this petition as a motion to
consolidate the two appeals and advised Hooker that the motion had
been granted.  Consolidating the two appeals was incorrect.  We
void the consolidation order.
     On November 4, 1996, we dismissed Hooker's appeal in case
number 96-851.  Thus, his petition to add John Deere Credit to the
certificate of service in that appeal is moot.  The appeal in the
Court of Appeals (number 96-1069) appears to be pending and was not
dismissed by this court's action on November 4, 1996.
     Newbern, J., not participating.