Farver v. Davis

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 24, 2001

WALTER BERNARD FARVER

Petitioner

v.

HONORABLE FRED DAVIS, JUDGE AND JEANETTE HENCE, CIRCUIT CLERK

Respondents

CR 01-113

PRO SE MOTIONS FOR RECONSIDERATION OF MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CR 97-700-3]

MOTIONS DISMISSED

Petitioner Walter Bernard Farver tendered to this court a petition for writ of mandamus contending that the Honorable Fred Davis, Circuit Judge, and Jeanette Hence, Circuit Clerk of Jefferson County, had failed to perform some duty with respect to a notice of appeal he had filed. Petitioner subsequently filed a motion seeking to file the mandamus action without the certified record required by our clerk to file such an action. The motion was dismissed. Farver v. Davis, CR 01-113 (March 29, 2001). In the instant motions, Farver asks that the motion for rule on clerk be reconsidered.

As we said when the motion for rule on clerk was denied, our Rule 6-1(a) provides that in cases in which the jurisdiction of this court is in fact appellate, although in form original, such as petitions for writs of prohibition, certiorari, or mandamus, the pleadings with certified exhibits from the trial court are treated as the record. Jackson v. Tucker, 325 Ark. 318, 927 S.W.2d 336 (1996). Without this certified record, there is no basis on which this court can assume jurisdiction of a matter. Accordingly, there is no basis for reconsideration of the motion for rule on clerk.

Motions dismissed.