CLAIM NO. F305468
Before the Arkansas Workers’ Compensation Commission
ORDER FILED DECEMBER 3, 2004
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by the HONORABLE GARY DAVIS, Attorney at Law, Little Rock, Arkansas.
Respondents represented by the HONORABLE CURTIS NEBBEN, Attorney at Law, Fayetteville, Arkansas.
ORDER
This matter is currently before the Full Commission on the claimant’s attorney’s Motion to Dismiss Respondent’s Notice of Appeal to the Arkansas Court of Appeals. The Full Commission’s opinion was entered on June 17, 2004. The Respondent’s Notice of Appeal was filed on July 14, 2004.
Pursuant to Ark. R. App. P. Rule 3(b), this Commission can dismiss an appeal to the Court of Appeals only if the motion to dismiss is filed with the Commission before the record is docketed with the Court, and if all parties to the appeal petition for dismissal and jointly stipulate that the case is to be dismissed. In Re Arkansas Rules of Appellate Procedure 3(b). In the present case, the claimant and the respondent have now jointly stipulated to dismiss the appeal. Because the Commission still retains jurisdiction over this claim, we find that the claimant’s Motion to Dismiss Respondent’s Appeal to the Arkansas Court of Appeals is hereby granted.
IT IS SO ORDERED.
_______________________________ OLAN W. REEVES, Chairman
_______________________________ SHELBY W. TURNER, Commissioner
_______________________________ KAREN H. McKINNEY, Commissioner