Frawley v. Nickolich

41 S.W.3d 420 (2001)

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Frawley v. Nickolich

Arkansas Court of Appeals
41 S.W.3d 420 (2001)

Facts

In December 1997, Dixie Hinerman went with Elizabeth Frawley (defendant), a licensed bail bondsman employed by J & J Bonding, Inc. (defendant), to a county jail to handle a bond matter. Hinerman remained outside the jail with Frawley’s cell phone. Although not a paid employee, Hinerman assisted Frawley by answering the phone and gathering information from callers inquiring about bond services. Hinerman also handed out several of Frawley’s business cards outside the jail and asked recipients to distribute them inside. When Frawley learned of Hinerman’s distribution of the cards, Frawley forbade Hinerman from doing it again. Thereafter, Frawley and J & J Bonding were notified by the Arkansas Professional Bail Bondsman Licensing Board (plaintiff) that, because of Hinerman’s actions, Frawley was being charged with violation of Arkansas Code Annotated § 17-19-105(2), which prohibited bail bondsmen, and anyone working on their behalf, from soliciting business in prisons. The board found Frawley and J & J to be in violation of the statute, concluding that Hinerman’s actions were imputed to Frawley because an agency relationship existed between Hinerman and Frawley. The board suspended Frawley’s license and imposed a fine against J & J. Frawley and J & J appealed. The circuit court affirmed. Frawley and J & J again appealed.

Rule of Law

Issue

Holding and Reasoning (Baker, J.)

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