IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SECOND DIVISION M. KENDALL WRIGHT, et al PLAINTIFFS VS. Case No. 60CV-13-2662 NATHANIEL SMITH, MD, MPH, et al DEFENDANTS NOTICE OF APPEAL
Come now the Director of the Arkansas Department of Health and the Director of the Arkansas Department of Finance and Administration, in their official capacities, and their successors in office (the “State”), and for their Notice of Appeal, state as follows: 1. The State hereby notifies this Court and the Plaintiffs that the State appeals to the Arkansas Supreme Court from the “Order Granting Summary Judgment in Favor of the Plaintiffs and Finding Act 144 of 1997 and Amendment 83 Unconstitutional” entered by the Court on May 9, 2014. The State also appeals from all of the Court’s intermediate Orders and rulings that affected the final Order, including the Court’s “Order Denying Defendants’ Motions to Dismiss and Plaintiffs’ Motion for Preliminary Injunction” entered December 19, 2013. 2. The State hereby appeals to the Arkansas Supreme Court pursuant to Arkansas Supreme Court Rule 1-2(a)(1), because this appeal involves the interpretation or construction of the Constitution of Arkansas. The State also appeals pursuant to Rule 1-2(b)(1), because this appeal involves issues of first impression; pursuant to Rule 1-2(b)(4), because this appeal involves issues of substantial public interest; and pursuant to Rule 1-2(b)(5), because this case raises significant issues requiring clarification or development of the law.
ELECTRONICALLY FILED2014-May-10 14:19:0960CV-13-2662C06D02 : 3 Pages