Jimmie L. Wilson v. James A. Neal

Jimmie L. WILSON v. James A. NEAL

96-1524                                            ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered March 24, 1997


Appeal & error -- motion for extension of time granted. -- Appellant's 
     legislative service entitled him, as a party to the matter in
     question, to a stay of proceedings, Ark. Code Ann.  16-63-406
     (1987) providing a stay for thirty days after adjournment of
     the legislative session, sine die; the supreme court granted
     appellant's request for an extension of time of forty-five
     days in which to file his brief after the adjournment of the
     legislature.


     Motion for Extension of Time; granted.
     Wilson Law Firm, P.A., by: E. Dion Wilson, for appellant.
     No response.

     Per Curiam.
     Movant Jimmie L. Wilson has filed two motions for an extension
of time to file his appellant's brief because of his current
service in the Arkansas General Assembly.  Wilson also states in
his motion dated February 27, 1997, that the supplemental record
ordered by this court has not been filed.  In returning the writ of
certiorari, the Phillips County Circuit Clerk advised this court
that no hearing had been scheduled or held in circuit court to
settle the record and, thus, no order of the circuit court, giving
her directions, had been forthcoming.
     Wilson is correct that his legislative service entitles him,
as a party to this matter, to a stay of proceedings.  The pertinent
statute provides a stay for 30 days after adjournment of the
legislative session, sine die.  Ark. Code Ann.  16-63-406 (1987). 
Wilson asks for an extension of time of 45 days in which to file
his brief after the legislature adjourns.  The request is granted. 
Counsel for the parties are encouraged to proceed with a hearing to
settle the record in this case forthwith.  The settled record in
this matter shall be filed as soon as is practicable, and Wilson
shall file his appellant's brief within 45 days after the General
Assembly adjourns.
     Newbern, Glaze, and Corbin, JJ., not participating.