FIRST COMMERCIAL BANK, N.A. v. WALKER ARK.] Cite as 334 Ark. 315 (1998) 315 FIRST COMMERCIAL BANK, N.A. v. Michael W.
WALKER, Aearth Development, Inc., Aearth Preparation, Inc., and Coal Processors, A Joint Venture 96-1495 973 S.W.2d 823 Supreme Court of Arkansas
Opinion delivered September 17, 1998 APPEAL & ERROR — MOTION TO RECALL AND STAY MANDATE GRANTED. — The supreme court granted appellees' motion to recall and to stay the mandate pending the disposition of appellees' petition for writ of certiorari and appeal, if certiorari were granted, to the United States Supreme Court.
FIRST COMMERCIAL BANK, N.A. v. WALKER 316 Cite as 334 Ark. 315 (1998) [334 Motion to Recall Mandate and Motion for Stay of the Recalled Mandate, Including Appellant's Entitlement to Collect Appeal Costs, Pending Disposition of Petition for Writ of Certio-rari and Appeal, if Certiorari is Granted, to the U.S. Supreme Court; granted. Barber, McCaskill,Jones & Hale, P.A., by: Glenn W. Jones,John S. Cherry, and Joseph F. Kolb; and Williams & Anderson, by: Philip S. Anderson, Leon Holmes, and Katharine R. Cloud, for appellant/ cross-appellee. The Burk Law Firm, A Professional Corporation, by: Michael G. Burk; Walker & Black, by: Kendall R. Black; and James E. Burk, for appellees/cross-appellants. PER CURIAM. Appellees Michael W. Walker, Aearth Development, Inc., Aearth Preparations, Inc., and Coal Processors, Inc., filed a motion to recall the mandate and to stay the recalled mandate, including appellant's entitlement to collect appeal costs, pending the disposition of their petition for writ of certiorari and appeal, if certiorari is granted, to the United States Supreme Court. [1] We grant appellees' motion to recall the mandate and to stay the mandate pending the disposition of appellees' petition for writ of certiorari to the Supreme Court, or for ninety days from the date of this order, whichever is first. If the Supreme Court grants certiorari, we continue to recall and stay the mandate pending the disposition of the appeal. Motion granted. J.W. GREEN, JR., HANI W. HASHEM, and MARK KLAP-PENBACH, Sp. JJ., join. GLAZE, BROWN, and IMBER, JJ., not participating.
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