Craig Williams v. State of Arkansas
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Judge Brian S. Miller
DIVISION II
CA061395
December 5, 2007
CRAIG WILLIAMS
APPELLANT
AN APPEAL FROM UNION COUNTY
CIRCUIT COURT
[No. CV2005296]
v.
STATE OF ARKANSAS
APPELLEE
HONORABLE DAVID F. GUTHRIE,
CIRCUIT JUDGE
APPEAL DISMISSED
This appeal involves $41,880 in currency and two vehicles that the State sought to
forfeit in connection with a criminal case. Appellant Craig Williams brings this appeal from
an agreed order resolving the forfeiture action, asserting that the circuit court lacked
jurisdiction to enter the agreed order because the court had dismissed the action more than
ninety days prior to the entry of the agreed order. Williams also challenges the circuit court’s
settlement of the record. We dismiss the appeal because a party cannot appeal from an agreed
order. Under these circumstances, we need not decide whether the circuit court’s settlement
of the record was proper.
Background
On July 20, 2005, the State filed a complaint against Williams and Laquita Palmer
seeking to forfeit $41,880 in currency, a 1997 Chevrolet Tahoe, and a 1997 Nissan Altima
seized by the State following the arrest of Williams and Palmer on drug and weapons
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charges. Williams and Palmer answered and denied the material allegations of the
complaint.
Williams and Palmer filed a motion for sanctions on December 22, 2005, alleging that
the State had failed to comply with an earlier order compelling the State to respond to certain
discovery requests. The circuit court entered an order on January 11, 2006, granting the
motion for sanctions, dismissing the forfeiture action, and ordering the return of the seized
property to Williams and Palmer.
Before being retained to represent Williams, his present counsel was the attorney for
a third party, who claimed ownership of one of the seized vehicles. On July 5, 2006, counsel
sent a letter to the Union County Prosecuting Attorney demanding to know why the
prosecutor agreed to return the property to Williams and why the prosecutor did not fight
against returning the property. Counsel was so outraged at the prospect of the property being
returned to Williams that he was prompted to ask: “What the hell is going on?”
Less than two weeks after counsel’s letter to the prosecutor, the circuit court set a
hearing on possession of the property for August 3, 2006. There is no indication that the
hearing was held on August 3; however, on August 9, 2006, the court entered an agreed
ordered, signed by Williams, his former attorney, and the attorney for the State. That order
provided that $14,000 of the currency would be returned to Williams, onehalf of the
remaining balance would be paid to his former attorney, and the remaining funds would be
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This court recently affirmed Williams’s conviction on the drug and weapons
charges. Williams v. State, No. CACR061184 (Ark. App. Sept. 26, 2007) (not designated
for publication). Williams has a petition for review pending before the supreme court.
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“forfeited” to the State to be distributed to the El Dorado Police Department pursuant to Ark.
Code Ann. § 564505(i)(1)(B). Finally, the order provided that the vehicles would be
returned to their titled owners. Williams filed a timely notice of appeal from the agreed
order. Williams asserts five points on appeal. We, however, address only the entry of the
agreed order.
The Agreed Order
Williams first argues that the circuit court lacked jurisdiction under Ark. R. Civ. P.
60(a) to enter the agreed order. We need not decide that question because it would not
change the result of the case given the contractual nature of the agreed order. Nor can we
agree with Williams’s argument that the circuit court erred in distributing the currency and
the two vehicles because the court made no such distribution. Instead, the parties entered into
an agreement that effectively implemented the earlier January 11 order. An agreed order is
not a judicial determination of any litigated right and is not the judgment of the court except
in the sense that the court allows it to be made a part of the record and have the force and
effect of a judgment. Selig v. Barnett, 233 Ark. 900, 350 S.W.2d 176 (1961). Here, Williams,
his former attorney, and the State agreed to the distribution of the currency between the three
and the return of the vehicles to the registered owner of each vehicle. The court simply made
the agreement a part of the record. Likewise, the court did not make an award of attorney’s
fees, as Williams argues. Because the parties clearly agreed to the resolution of the forfeiture
action and the distribution of the currency and the vehicles, the August 9 agreed order is one
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from which an appeal does not lie. Lawson v. Madar, 76 Ark. App. 23, 60 S.W.3d 497
(2001).
We next turn to Williams’s argument that the January 11, 2006, order of dismissal
was res judicata and prevented the circuit court from reopening the case. We disagree
because an order of dismissal as a sanction for noncompliance with a court’s order is
generally without prejudice. Ark. R. Civ. P. 41(b); Croney v. Lane, ___ Ark. App. ___, ___
S.W.3d ___ (June 27, 2007). A dismissal without prejudice is not an adjudication on the
merits and will not bar a subsequent suit on the same cause of action. Middleton v. Lockhart,
344 Ark. 572, 43 S.W.3d 113 (2001). Therefore, the circuit court’s January 11 order did not
bar the State from seeking the forfeiture of the currency and vehicles.
Appeal dismissed.
MARSHALL and VAUGHT, JJ., agree.
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