Dickinson v. Sun Trust Mtg. (Per Curiam)
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Cite as 2014 Ark. 161 SUPREME COURT OF ARKANSAS No. cv-14-173 ROBERT DICKINSON, AND PAMELA DICKINSON, ON BEHALF OF THEMSELVES AND ALL RESIDENTS OF ARKANSAS THAT ARE SIMILARLY SITUATED PETITIONERS opinion Delivered April 10, 2014 REQUEST TO CERTIFY QUESTION OF LAW FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS SUN TRUST MORTGAGE, INC., AND FEDERAL NATIONAL MORTGAGE ASSOCIATION RESPONDENTS PER CURIAM In accordancc r,vith sectioll2(D)(3) ofamcndnrent 80 to the Arkansas Constitution ancl Rule 6-8 of thc Rulcs of thc Suprenrc Court ancl Court o[Appcals of the State ofArkalsas, the Hotlorable Briarl S- Miller of the Urritcd Statcs l)istricr Courr fbr the Eastern l)istrict Arkansas flled a rrlotior) artd certification orcler with otrr clcrk or-r March 17,2014. Thc certifyirre cotlrt rcqtlests that we answer a question o[ cause r-rorv pcndins irr of that nray be deternrinative of a thc ccrrifying court, and it appcars to thc certiE/ing court that therc is no controlline precerient ir-r tl're decisions la'uv of the Arkansas Suprente Court. After a revierv of thc certi$ring court's analysis ancl cxplanation of the rreed for this court to atlswer the qucstioll of law presently pending in thar collrt, we accept certification Cite as 2014 Ark. 161 of the following question, as herein formulated: Whether the Federal National Mortgage Association satisfies the Statutory Foreclosure Act's authorized-to-do-business requirement, Ark. Code Ann. $ 18-50-1 17, under 12 U.S.C. S 1716 et seq., or other federal laws, or must the Federal National Mortgage Association satisfy Ark. Code Ann. $ 18-50-1 17 by obtaining a certificate of authoriry in Arkansas prior to statutorily foreclosing on properry in Arkansas? This per curiam order constitutes notice of our acceptance of the certification of the question of law. For purposes of the pending proceeding in this court, the following requirements are imposed: A- Time limits will be calculated from the date of this per curiam order accepting certification. The plaintifit in the underlying action, Robert Dickinson and pamela Dickinson, on behalfof themselves and all residents ofArkansas that are similarly situated, are designated the moving parties and thirry days will be denoted the "Petitioners," and their brief is due fronl the date of this per curianr; the clefendants, Sun Trust Mortgage, Inc., and Fedcral Narional Mortgage Association, bricfi as is due will be clenotecl as the "l\esponclents,,,ar-rcl their thirry days after the filingof Petitioncrs'brief. I)eritiorers nray filc a reply brief rvithi, fiftee, days after Respo,de,ts' briefi B. The briefi shall comply arc frlecl. with this court's mles as in other corrtent. Only the following itenrs required in Ark. Sup. Ct. l{. cases cxccpr lor thc brief3' a-2(a) shall bc i,cl,clcd: (3) I'}oint on appeal which shall corrcsponcl to thc cerrifiecl quesriop of law to be answered in the federal district collrt's ccrtiflcation ordcr. (4) Table of authorities. (6) Statenrent of the case which shall correspond to the facts relevanr ro rhe certiflecl qttestion of law as stated in the Gderal district colrrt's certification ordcr. cv-1 1-173 Cite as 2014 Ark. 161 (7) Argument. (8) Addendum. (9) Cover for briefr. C. Oral argument will be permitted only ifthis court concludes that it will be helpful for presentation of the issue. D. Ark. Sup. ct. R. 4-6 with respect to amicus curiae brie6 will apply. E. This matter will be processed as any case on appeal. F. Rule XIV ofthe Rules GoverningAdmission to the Bar shall apply to the artorneys for the Petitioner and the Respondents. Punuant to Arkansas Supreme Court Rule 6-S(d), we request that the parties include in an addendum the following pleadings: the complaint; the answer, if any; the motion to dismiss; and any responses, replies, and briefi in support thereof In addition, if the parties believe that any additional pleadings will be useful to our understanding of the legal issues presented in this certified qLrestion, those pleadings should be included as well. Certifi ed qlrestion accepted. cv-14-173
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