Kenneth Edwards, Jr. and the Estate of Kenneth Edwards, Sr. v. Richard Nelson, M.D., Radiologists, P.A., Thomas Kelly, M.D., St. Edward Mercy Medical Center, and Cooper Clinic, P.A.
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SUPREME COURT OF ARKANSAS
No. 0748
KENNETH EDWARDS, JR. AND THE
ESTATE OF KENNETH EDWARDS, SR.,
APPELLANTS,
VS.
Opinion Delivered February 7, 2008
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT,
NO. CV2004271G,
HON. J. MICHAEL FITZHUGH, JUDGE,
R I C H A R D N E L S O N , M . D . ,
RADIOLOGISTS, P.A., THOMAS KELLY,
M.D., ST. EDWARD MERCY MEDICAL
CENTER, AND COOPER CLINIC, P.A.,
REVERSED AND REMANDED.
APPELLEES,
JIM GUNTER, Associate Justice
This appeal arises from an order of the Sebastian County Circuit Court granting
summary judgment in favor of Appellees Richard Nelson, M.D.; Radiologists, P.A.; Thomas
Kelly, M.D.; Cooper Clinic, P.A. (“Cooper”); and St. Edward Mercy Medical Center
(“Mercy”). We reverse and remand.
Kenneth Edwards, Sr. died after a lengthy hospitalization at Mercy on April 4, 2003.
On November 10, 2003, Kenneth Edwards, Jr. (“Edwards”) was appointed as the
administrator of his father’s estate in Sebastian County Circuit Court, Probate Division, case
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number PR2003101G. In his capacity as administrator of the estate, Edwards filed a
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We note that the probate order is not in the record on appeal.
wrongfuldeath action against the appellees in Sebastian County Circuit Court, Civil
Division, case number CV2004271G(V), claiming that their negligence caused his father’s
death. An amended complaint was filed on November 24, 2004.
Appellees moved separately for summary judgment on July 27, 2006, July 28, 2006,
and August 1, 2006, on the grounds that Edwards was not qualified to serve as administrator
because he was a convicted felon. Edwards responded, arguing that he was not a convicted
felon as of the date that he was appointed administrator because his guilty plea was taken
under Act 346, which was codified at Ark. Code Ann. § 1693303 (Repl. 2006), and that
pursuant to the Act, there was never an adjudication or judgment of guilt entered. Appellees
filed separate responses, denying that Edwards was sentenced pursuant to Act 346 because
“[t]he box to the right of Act 346 was not checked in the judgment and commitment order
entered . . . on August 20, 1996.”
On September 21, 2006, the circuit court held a hearing on the summaryjudgment
motion, and on October 4, 2006, the circuit court entered an order of dismissal in favor of
the appellees. In the order, the court found that Edwards was a convicted felon at the time
of his appointment as the personal representative of his father’s estate, and that in accordance
with the provisions of Ark. Code Ann. § 2848101(b)(3) (Repl. 2004), he was not qualified
to serve in that capacity. The court based its finding on the Washington County Circuit
Court’s August 20, 1996 judgment and commitment order, which reflected that Edwards was
convicted of two felony offenses pursuant to the provisions of Ark. Code Ann. § 54
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301(d)(1) (Repl. 2006). In dismissing the wrongfuldeath action pursuant to Ark. Code Ann.
§ 1662102 (Repl. 2005), the circuit court declared the order appointing Edwards as
administrator to be void and ruled that the wrongfuldeath claims were barred by the
applicable statute of limitations. See Ark. Code Ann. § 16114203 (Repl. 2006).
On October 5, 2006, Edwards filed a motion for reconsideration, which the circuit
court denied. Edwards then filed a timely notice of appeal, challenging the October 6, 2006,
and October 17, 2006 orders. On December 19, 2007, we accepted certification from the
Arkansas Court of Appeals. We have jurisdiction pursuant to Ark. Sup. Ct. R. 12(b)(1)
(2007), as this case presents an issue of first impression.
Before addressing the merits of this appeal, we note that the court of appeals certified
the following question for consideration: whether the circuit court’s order invalidating
Edwards’s appointment as a personal representative was an impermissible collateral attack
on the probate order appointing him. Neither the appellants nor the appellees, however, have
raised the collateralattack issue in their briefs. Yet, for the reasons outlined below, we sua
sponte must raise a threshold jurisdictional matter: the issue of conflicts among circuit courts
exercising concurrent jurisdiction.
Under Amendment 80 to the Arkansas Constitution, this court holds general
superintending control over all courts of this state. Harrison v. State, ___ Ark. ___, ___
S.W.3d ___ (Nov. 15, 2007). Thus, this court’s general superintending control of circuit
courts granted under Amendment 80 may be exercised under its original jurisdiction to direct
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one of two circuit courts possessing subjectmatter jurisdiction to exercise jurisdiction in the
disposition of one claim. We cite with approval the language in Smith v. McCracken, 96
Ark. App. 270, ___ S.W.3d ___ (2006), where the court of appeals explained:
Amendment 80 merged in Arkansas what were once chancery and
circuit courts into circuit courts, so that any circuit court would thereafter have
jurisdiction “over all matters previously cognizable by Circuit, Chancery,
Probate, and Juvenile Courts.” See Amend. 80 § 19(B)(1). Amendment 80 §
6(A) provides that circuit courts are established as the trial courts of original
jurisdiction of all justiciable matters not otherwise assigned pursuant to the
Arkansas Constitution. Section 6(B) of this same amendment allows the
division of the circuit court into subjectmatter divisions and provides that any
judge within the circuit may sit in any division.
In other words, a circuit court may now exercise any act of jurisdiction that either a court of
law or equity could have exercised prior to Amendment 80, and further, the designation of
an action as a specific type of action does not prevent a circuit court from hearing any matter
within the court’s jurisdiction that is properly raised to the court. See First Nat’l Bank of
Dewitt v. Cruthis, 360 Ark. 528, 203 S.W.3d 88 (2005); Amend. 80, § 19(B)(1).
While Amendment 80 clearly converted chancery, probate, and juvenile courts into
circuit courts with concurrent jurisdiction, it did not speak to the issue of conflicts among
courts exercising concurrent jurisdiction. To resolve that issue, we look to our case law. In
Askew v. Murdock Acceptance Corp., 225 Ark. 68, 279 S.W.2d 557 (1955), we stated:
It is a familiar principle that when a court of competent jurisdiction
acquires jurisdiction of the subject matter of a case, its authority continues,
subject only to the appellate authority, until the matter is finally and
completely disposed of, and that no court of coordinate authority is at liberty
to interfere with its action.
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Id. at 7172, 279 S.W.2d at 560 (citation omitted). Without such a principle, courts with
concurrent jurisdiction could bog in the mire of endlessly overruling each other. We alluded
to such a practice in Askew:
The principle is essential to the proper and orderly administration of the
laws; and while its observance might be required on the grounds of judicial
comity and courtesy, it does not rest upon such considerations exclusively, but
is enforced to prevent unseemly, expensive, and dangerous conflicts of
jurisdiction and of process. If interference may come from one side, it may
from the other also, and what is begun may be reciprocated indefinitely.
Id. at 72, 279 S.W.2d at 560 (citation omitted). Likewise, our court reiterated the governing
jurisdictional principle:
Where two actions between the same parties on the same subject, and
to test the same rights, are brought in different courts having concurrent
jurisdiction, the court which first acquires jurisdiction, its power being
adequate to the administration of complete justice, retains its jurisdiction and
may dispose of the whole controversy, and no court of coordinate power is at
liberty to interfere with its action. This rule rests on comity and the necessity
of avoiding conflict in the execution of judgments by independent courts, and
is a necessary one because any other rule would unavoidably lead to perpetual
collision and be productive of most calamitous results.
Id. at 7273, 279 S.W.2d at 56061 (citation omitted). See also Patterson v. Isom, 338 Ark.
234, 23940, 992 S.W.2d 792, 795 (1999).
The present case is similar to Helena Regional Medical Center v. Wilson, 362 Ark.
117, 207 S.W.3d 541 (2005). In Wilson, Trina Wilson was appointed by the probate court
as the administratrix of her daughter’s estate. Later, in her capacity as administratrix, she
filed a malpractice action against the hospital and doctors, who then proceeded to file
motions to intervene in the probate case. In support thereof, the medical providers argued
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that Wilson was not legally competent to serve as administratrix under the Arkansas Probate
Code, Ark. Code Ann. § 2848101 (Repl. 2004), because she had previously admitted to a
felony conviction. The circuit court ruled that the medical providers were not interested
parties as defined by the Arkansas Probate Code, Ark. Code Ann. § 281102(11) (Repl.
2004), and therefore lacked standing to question the issuance of the court’s order. We
reversed and remanded, holding that, under Ark. R. Civ. P. 24, the medical providers
properly filed motions to intervene, and the circuit court failed to undertake any analysis
under Rule 24. We reversed and remanded for the circuit court to address the merits of the
requested intervention. Id.
Here, the appellees challenged the validity of Edwards’s appointment as personal
representative in the wrongfuldeath action pending in one division of circuit court. That
division of circuit court, however, was not the first court to acquire jurisdiction over the
probate matter. Thus, it had no original jurisdiction to decide the validity of an appointment
order, which was entered by the circuit court that acquired jurisdiction over the
administration of the decedent’s estate, “to the exclusion of any other court.” Patterson, 338
Ark. at 241, 992 S.W.2d at 796. In sum, we conclude that the civil division of circuit court
usurped the authority of the probate division of circuit court by its ruling that Edwards’s
appointment as personal representative of his father’s estate was void. Accordingly, we
reverse the circuit court’s summaryjudgment order of dismissal, and we remand for further
proceedings in accordance with this opinion.
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Reversed and remanded.
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