From Casetext: Smarter Legal Research

Sunbelt Couriers v. McCartney

Supreme Court of Arkansas
Nov 5, 1990
303 Ark. 522 (Ark. 1990)

Summary

holding that where two statutes address the same subject, and one of them is more specific, the one that is more specific will govern

Summary of this case from Opinion No. 2001-373

Opinion

No. 90-90

Opinion delivered November 5, 1990

WORKERS' COMPENSATION — WHEN NOTICE OF APPEAL MUST BE FILED — ARK. CODE ANN. 11-9-711(b) GOVERNS, NOT RULE 4 OF THE RULES OF APPELLATE PROCEDURE. — Ark. Code Ann. 11-9-711(b), which provides that an order or award becomes final unless appealed within 30 days from receipt of the order or award, governs appeals from decisions of the Workers' Compensation Commission, rather than Rule 4 of the Arkansas Rules of Appellate Procedure, which provides that a notice of appeal must be filed within thirty days from the entry of the judgment; the Rules of Appellate Procedure govern appeals from circuit, chancery, and probate courts, not appeals from state agencies.

Appeal from the the Arkansas Workers' Compensation Commission; Review from the Arkansas Court of Appeals; affirmed.

Friday, Eldredge Clark, by: James C. Baker, Jr., for appellant.

Pope, Shamburger, Buffalo Ross, by: John K. Shamburger and Brad Cazort, for appellee.


In 1986, Daniel McCartney was accidentally killed while acting in the course of his employment with appellant Sunbelt Couriers. Following his death, his widow, appellee Joan McCartney, filed for widow's worker's compensation benefits. The Administrative Law Judge upheld her claim. Appellants, Sunbelt Couriers and Liberty Mutual Insurance Company, appealed to the full commission. On January 2, 1990, the full commission affirmed the decision of the law judge and mailed notice of its decision to appellants. Ark. Code Ann. 11-9-711(b) provides that an order or award becomes final unless appealed "within 30 days from receipt . . . of the order or award. . . ." Appellants filed their notice of appeal on February 2, 1990, which was within thirty (30) days of the receipt of the order. However, it was thirty-one (31) days after the commission's decision, and Rule 4 of the Arkansas Rules of Appellate Procedure provides that a notice of appeal must be filed within thirty (30) days from the entry of the judgment. The appellee filed a motion in the Court of Appeals asking that the appeal be dismissed because it was not filed within thirty (30) days from the entry of the judgment. The Court of Appeals declined to dismiss the appeal and asked us to review the matter. The appellants then filed a petition for certiorari. We granted the petition. We affirm the ruling by the Court of Appeals.

If the statute governed the notice of appeal it was timely filed, but if the rule governed, it was not. In her motion to dismiss, the appellee relies on the inherent authority of this court to make rules of procedure, on Act 38 of 1973, which additionally authorized this court to make rules, and on the Supersession Rule, all of which, she contends, make Rule 4 of the Rules of Appellate Procedure govern.

In Curtis v. State, 301 Ark. 208, 783 S.W.2d 47 (1990), we explained that when the purpose of a rule is to provide for the establishment or maintenance of the efficient administration of judicial business, and it does only that, the scope of the court's rule-making power is supreme. Obviously, if we intended for Rule 4 of the Rules of Appellate Procedure to govern appeals from the Worker's Compensation Commission, the statute would be superseded.

We did not intend for Rule 4 to govern appeals from the Worker's Compensation Commission. We intended for the Rules of Appellate Procedure to govern appeals from circuit, chancery, and probate courts; we did not intend it to apply to appeals from state agencies. See Ark. R. App. P. 2(a). One reason is that many agencies and commissions, such as the Worker's Compensation Commission, do not have an office comparable to a clerk of the court where agency orders are known by the public to be filed and immediately available. There is no known office where agency orders are "entered." Rule 4(a) provides "a notice of appeal shall be filed within thirty (30) days from the entry of the judgment, . . . ." "Entry" occurs when a judgment or order is filed with the clerk of the court. Similarly, we have held that appeal provisions of the Administrative Procedure Act, instead of the Rules of Civil Procedure, govern the review of an agency decision. Whitlock v. G.P.W. Nursing Home, Inc., 283 Ark. 158, 672 S.W.2d 48 (1984).

Accordingly, we affirm the holding of the Court of Appeals and remand the case to that court for a decision on the merits.

TURNER, J., not participating.


Summaries of

Sunbelt Couriers v. McCartney

Supreme Court of Arkansas
Nov 5, 1990
303 Ark. 522 (Ark. 1990)

holding that where two statutes address the same subject, and one of them is more specific, the one that is more specific will govern

Summary of this case from Opinion No. 2001-373
Case details for

Sunbelt Couriers v. McCartney

Case Details

Full title:SUNBELT COURIERS and Liberty Mutual Insurance Company v. Joan McCARTNEY

Court:Supreme Court of Arkansas

Date published: Nov 5, 1990

Citations

303 Ark. 522 (Ark. 1990)
798 S.W.2d 92

Citing Cases

Peco Foods, Inc. v. Johnson

We note that this court's Sunbelt Couriers opinion was affirmed by the supreme court in Sunbelt Couriers v.…

Wright v. Arkansas State Plant Bd.

We held in Whitlock that the Administrative Procedure Act is an exception to the Arkansas Rules of Civil…