Supreme Court

Decision Information

CITY OF LITTLE ROCK V. AT&T COMMUNICATIONS OF THE S.W., INC.

Court Supreme Court
Date 02/21/1994
Report Citation 316 ARK. 94
Docket Number 93-1251
Term VOL. 316

Decision Content

CITY OF LITTLE ROCK V. 94 AT&T.COMMUN1CATIONS OF THE S.W., INC. [316 Cite as 316 Ark. 94 (1994) CITY OF LITTLE ROCK and Arkansas Public Service Commission v. AT&T COMMUNICATIONS OF THE SOUTHWEST, INC. 93-1251 870 S.W.2d 217 Supreme Court of Arkansas Opinion delivered February 21, 1994 APPEAL & ERROR — ARGUMENTS OF AMICUS CURIAE CANNOT ENLARGE ISSUES BEYOND , THOSE RAISED IN PLEADINGS IN THE LOWER COURT. — The appellate court addresses amicus curiae arguments similar to the way it addresses arguments by intervenors; intervenors on appeal cannot enlarge the issues beyond those raised by the pleadings of the parties in the lower court. Motion to File Amicus Curiae Briefs, and Motion to Grant Appellee Additional Brief Pages to Respond to Amicus Briefs; granted. Thomas M. Carpenter, for appellant. Wright, Lindsey & Jennings, by: N. M. Norton, Jr., for appellee. PER CURIAM. The City of Fort Smith and the Arkansas Municipal League have filed motions for permission to file amicus curiae briefs supporting appellants' side of this case. Appellee American Telephone and Telegraph Communications of the Southwest, Inc. has responded and asked for additional pages of argument to respond to the amicus curiae briefs. We grant permission to file the anzicus curiae briefs and also grant appellee an additional ten pages of argument to respond.
CITY OF LITTLE ROCK V. ARK.] AT&T COMMUNICATIONS OF THE S.W., INC. 95 Cite as 316 Ark. 94 (1994) [1] In its motion, appellee states that it needs the extra pages to respond to new issues raised in the amicus curiae briefs. In order to prevent any possible misunderstanding, we state that we do not know if the new issues were raised by the pleadings and ruled on by the trial court, but we ordinarily address amicus curiae arguments similar to the way we address arguments by intervenors, and intervenors on appeal cannot enlarge the issues beyond those raised by the pleadings of the parties in the lower court. Weber v. Pryor, 259 Ark. 153, 531 S.W.2d 708 (1976). NEWBERN, J., not participating.
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