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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 J udgment 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 Courts intermediate Orders and rulings that
affected the final Order, including the Courts 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 FILED
2014-May-10 14:19:09
60CV-13-2662
C06D02 : 3 Pages
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3. The State designates as the record on appeal all pleadings and other papers filed
of record, the transcript of all hearings and proceedings, and all exhibits, constituting a complete
record.
4. The State will order the transcript from Ms. Deborah Westmoreland, the reporter
of the proceedings in this case, and will undertake financial arrangements required by the court
reporter pursuant to Ark. Code Ann. 16-13-510(c), on Monday, May 12, 2014.
WHEREFORE, the State prays that the Court accept its Notice of Appeal, and prays for
all other just and appropriate relief.
Respectfully Submitted,


By: /s/ Colin R. J orgensen
Colin R. J orgensen
Ark. Bar #2004078
Assistant Attorney General
323 Center Street, Suite 200
Little Rock, AR 72201
Phone: (501) 682-3997
Fax: (501) 682-2591
Email: colin.jorgensen@arkansasag.gov

Attorney for the State.





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CERTIFICATE OF SERVICE

I, Colin R. J orgensen, Assistant Attorney General, certify that on this 10th day of May,
2014, I electronically filed the foregoing with the Circuit Court Clerk using the Arkansas
J udiciarys eFlex electronic filing system, which shall provide electronic notification to the
following:

Cheryl K. Maples
ckmaples@aol.com

J ack Wagoner III
jack@wagonerlawfirm.com

Angela Mann
angela@wagonerlawfirm.com

R. Keith Pike
keith@wagonerlawfirm.com

Attorneys for the Plaintiffs


David M. Fuqua
dfuqua@fc-lawyers.com

Attorney for Separate Defendants Pulaski County Clerk Larry Crane and
Saline County Clerk Doug Curtis


J ason E. Owens
owens@rainfirm.com

Attorney for Separate Defendants White County Clerk Cheryl Evans, Lonoke County Clerk
William Larry Clarke, Washington County Clerk Becky Lewallen, and Conway County
Clerk Debbie Hartman




/s/ Colin R. J orgensen


EQCF_112