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Bryant v. Arkansas Public Service Commission
Citations: 45 Ark. App. 47; 870 S.W.2d 775; 1994 Ark. App. LEXIS 616Docket: CA 93-210
Court: Court of Appeals of Arkansas; February 23, 1994; Arkansas; State Appellate Court
The Arkansas Public Service Commission (Commission) and Southwestern Bell Telephone Company (Southwestern Bell) jointly filed a motion to dismiss the Attorney General's appeal of Order No. 4, which permitted Southwestern Bell to offer a one-year trial of Caller-ID service in Arkadelphia and West Memphis. The Attorney General's appeal argued that the trial period lacked substantial evidence. However, following the appeal, the Commission approved a permanent Caller-ID service, rendering the trial period moot. The court determined that any ruling regarding Order No. 4 would have no effect since the trial period had expired, thus satisfying the criteria for mootness: a decision could not provide relief to the appellant. The Attorney General had previously indicated in pleadings that the appeal would be moot post-trial period, which bound him to that assertion. Consequently, the court granted the joint motion to dismiss the appeal.