Arkansas Department of Health and Human Services v. The Honorable Vann Smith, Circuit Judge
Annotate this Case
Download PDF
ARKANSAS DEPARTMENT OF HEALTH AND HUMAN
SERVICES v. The Honorable Vann SMITH
0606
___ S.W.3d ___
Supreme Court of Arkansas
Opinion delivered June 15, 2006
PROHIBITION, WRIT OF – JURISDICTION – DEATH OF A PARTY AND REVIVOR.– Where petitioner
requested a Writ of Prohibition or, in the alternative, a Writ of Certiorari, to the Circuit Court
of Pulaski County, instructing the court that it was without jurisdiction to grant the request
of the petitioner at the circuit court level for an increase of her CSMIA and CRSA until her
husband applies for Medicaid, but her husband died in the interim, the supreme court
remanded the matter to the circuit court to determine whether the matter was extinguished
by the husband’s death, or whether revivor would be appropriate; while Rule 25 of the
Arkansas Rules of Civil Procedure illustrates the proper substitution of parties, it does not
determine which claims survive the death of a party.
A petition for Writ of Prohibition or, in the alternative, a Writ of Certiorari; remanded.
Richard B. Dahlgren, for appellant/petitioner
Mike Beebe, Att’y Gen., by: Patricia Van Ausdall Bell, Ass’t Att’y Gen., for
appellee/respondent.
PER CURIAM. Appellant, Arkansas Department of Health and Human Services
(DHHS), petitions this court for a Writ of Prohibition or, in the alternative, a Writ of
Certiorari, to the Circuit Court of Pulaski County, instructing the court that it is without
___________________________
PER CURIAM 10
ARKANSAS DEP’T OF HEALTH & HUMAN SERVS. v. SMITH
Cite as 362 Ark. ___ (2006)
Page 2
jurisdiction to grant petitioner’s request for an increase of her Medicaid Community Spouse
Monthly Income Allowance (CSMIA) and Medicaid Community Spouse Resource
Allowance (CRSA), until her husband applies for Medicaid.
After her husband was allegedly injured in the couple’s residence, Karen Blaylock
petitioned the circuit court for an increase in her CSMIA and CRSA, in anticipation of his
applying for Medicaid benefits. In his response, Alan Blaylock urged the court to grant the
relief his wife had requested. The Blaylocks contended that the court had jurisdiction to
adjust the Medicaid allowances prior to Alan Blaylock’s application for Medicaid benefits.
DHHS intervened and moved for summary judgment, maintaining that federal law does not
create a justiciable claim within the parameters of the Constitution of Arkansas, Amendment
80. The circuit court denied DHHS’ motion and determined that it had jurisdiction to hear
the couple’s request for an increase in the allowances. On January 4, 2006, this petition
followed.
On January 12, 2006, briefing commenced on the petition. DHHS alleges two points
in support of its petition: (1) that the circuit court does not have subjectmatter jurisdiction,
and (2) that the proceedings are erroneous and in excess of the jurisdiction of the circuit
court. On March 22, 2006, Karen Blaylock filed a motion asking this court to take judicial
notice of certain facts, including that her husband, Alan Blaylock, had died on March 12,
2006. No supporting documentation of Alan Blaylock’s death was submitted, and no law
was cited to support the contention that the case should be revived in the name of Karen
Blaylock. Therefore, this court denied the motion without prejudice.
On May 16, 2006, Karen Blaylock provided this court with documentation proving
that Alan Blaylock is deceased, and that she had been lawfully appointed by the circuit court
as the executrix/administratrix of his estate. However, the documentation did not include an
order of revivor from the circuit court.
Not every case is a proper case for revival. In order to revive an action, certain
procedures must be followed. “Revivor shall be by an order of the court that the action be
revived in the names of the representatives or successor of the party who died, or whose
powers ceased, and proceed in favor of or against them.” Ark. Code Ann. § 1662105(b)
(Repl. 2005). The order may be made on the motion of either party. Ark. Code Ann. § 16
62105(c) (Repl. 2005). The order must contain language suggesting the death of the party
and provide the names and capacities of the successor. Ark. Code Ann. § 1662105(c).
The parties can agree and the adverse party can consent to the revival of the action.
Ark. Code Ann. § 1662105(d)(1). If the parties do not agree and the adverse party does not
consent to revival, the order of revivor must be served upon the adverse party in the same
___________________________
PER CURIAM 10
ARKANSAS DEP’T OF HEALTH & HUMAN SERVS. v. SMITH
Cite as 362 Ark. ___ (2006)
Page 3
manner as a summons. Ark. Code Ann. § 1662105(d)(2) (Repl. 2005). Following service
of the order of revivor, the adverse party has ten (10) days in which to object to revival of
the action; otherwise, the action shall stand revived. Ark. Code Ann. § 1662105(d)(2).
While Rule 25 of the Arkansas Rules of Civil Procedure illustrates the proper
substitution of parties, it does not determine which claims survive the death of a party. Ark.
R. Civ. P. 25(e). This matter must be remanded for the lower court to determine whether it
is extinguished by the death of Alan Blaylock, or whether revivor is appropriate. If the
matter is revived, the case would be styled as Karen Blaylock, the surviving spouse of Alan
Blaylock, versus Karen Blaylock, Executrix of the Estate of Alan Blaylock, unless the trial
court, upon the motion of any interested party, decides to appoint a special administrator for
Alan Blaylock, consistent with Ark. Code Ann. § 1662106(a) (Repl. 2005) and Ark. R. Civ.
P. 25(a)(3). DHHS’ petition to this court will be rendered moot unless the circuit court
decides to issue an order of revivor. Therefore, this matter is remanded to the trial court for
findings consistent with this opinion.
Remanded.
HANNAH, C.J., dissenting.
I must respectfully dissent. There is no need to remand this matter to the circuit court.
Karen Blaylock sued in circuit court seeking an increase in her Medicaid Community Spouse
Monthly Income Allowance and Medicaid Community Resource Allowance. Her assertion
of a right to an increase in these allowances was predicated upon her husband Alan’s
qualification for Medicaid assistance. Karen named Alan as the defendant in the action in
circuit court; however, she has sought an increase in payment from Medicaid throughout the
pendency of this matter. Alan passed away in March of this year, and Karen was appointed
executor of his estate and substituted in as the defendant under Ark. R. Civ. P. 25. However,
Alan’s death changed nothing. Karen was still seeking an increase in payment from Medicaid.
No cause of action was extinguished by Alan’s death. There was no cause of action to revive
as a result of Alan’s death. The parties are entitled to a timely decision on this matter, and this
court should proceed without further action below.
___________________________
PER CURIAM 10
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.