dissenting. The opinion handed down today represents a major shift with far-reaching impact. For the first time, we have applied the Rules of Civil Procedure to appeals from school board actions on teacher dismissals. That runs directly counter to the express language of Ark. Code Ann. § 6-17-1510 (Repl. 1993). This is analogous to applying the Rules of Civil Procedure to judicial review of administrative decisions which we have refrained from doing in the past. See Wright v. Arkansas State Plant Bd., 311 Ark. 125, 842 S.W.2d 42 (1992); Whitlock v. G.P.W. Nursing Home, Inc., 283 Ark. 158, 672 S.W.2d 48 (1984). That, however, is the next logical step under the rationale of today’s opinion.
The statutory language at issue is this:
(d) The exclusive remedy for any nonprobationary teacher aggrieved by the decision made by the board shall be an appeal therefrom to the circuit court of the county in which the school district is located, within seventy-five (75) days of the date of written notice of the action of the board. Additional testimony and evidence may be introduced on appeal to show facts and circumstances showing that the termination or non-renewal was lawful or unlawful.
Ark. Code Ann. § 6-17-1510 (Repl. 1993). The clear ianguage is that these are appeals and that they must be filed within 75 days of notice of the board action.
The majority’s opinion would have it that a notice of appeal from school board action is an original civil action commenced in circuit court for breach of contract. It is not. Rule 2 of the Arkansas Rules of Civil Procedure refers to one form of action known as “civil action” filed in chancery or circuit court. Under our statutes, “civil action” is defined more precisely as “an ordinary proceeding in a court of justice by one (1) party against another for the enforcement or protection of a private right or the redress or prevention of a private wrong. A civil action may also be brought for the recovery of a penalty or forfeiture[.]” Ark. Code Ann. § 16-55-102(a)(2) (1987). An appeal is a different procedure as we all know. It represents a complaint to a higher tribunal to correct the injustice done or error committed by the inferior tribunal. Black’s Law Dictionary, p. 96 (6th Ed. 1990).
The effect of today’s decision is to rewrite the statute. “Appeal” now becomes “civil action for breach of contract.” The 75-day time frame is apparently eliminated altogether. It is replaced by the statute of limitations prescribed for civil actions by the General Assembly, as well as the Savings Statute (Ark. Code Ann. § 16-56-126 (1987)). This is not a case where a civil action — medical malpractice — is involved, and one of our rules of civil procedure supersedes a legislative act. See, e.g., Weidrick v. Arnold, 310 Ark. 138, 835 S.W.2d 843 (1992). Rather, in this case the majority opinion changes the teacher-appeal statute and applies the civil procedure rules to an administrative appeal.
Teacher appeals to circuit court are special proceedings expressly excepted from the Rules of Civil Procedure and have always been treated as such. Rule 81(a) states:
(a) Applicability in General. These rules shall apply to all civil proceedings cognizable in the circuit, chancery, and probate courts of this State except in those instances where a statute which creates a right, remedy or proceeding specifically provides a different procedure in which event the procedure so specified shall apply.
That is precisely what we have in the case before us — a statute creating a different proceeding. The fact that evidence may be introduced in these appeals does not convert them into original actions. Evidence may also be taken in circuit court concerning alleged procedural irregularities before an administrative agency in any administrative appeal under the Administrative Procedure Act. See Ark. Code Ann. § 25-15-212(g) (Repl. 1992). We certainly have not deemed judicial review of administrative actions to be original actions, as already indicated in this dissent. See Wright v. Arkansas State Plant Bd., supra; Whitlock v. G.P.W. Nursing Home, Inc., supra.
The majority’s attempt to distinguish the Court of Appeals case, Wilson v. C & M Used Cars, 46 Ark. App. 281, 878 S.W.2d 427 (1994), is not successful. That case clearly holds that Ark. R. Civ. P. 41(b) pertaining to nonsuits is inapplicable to appeals from municipal court to circuit court. The reasoning of the Court of Appeals was that Rule 41(b) did not apply to a continuation of the municipal court action but only to “original actions in circuit court.” 46 Ark. App. at 286, 878 S.W.2d at 429. An administrative appeal does not qualify.
In my judgment, both parties in this litigation will rue the day that civil procedure rules were applied to these matters because flexibility is lost, appeals will be delayed, and the proceedings by necessity will become more cumbersome. That inures to the benefit of neither the teacher nor the school district. Moreover, Ms. Sosebee has not lost her constitutional claim of deprivation of due process. She still has time to commence a civil action on this basis within three years from the board action. See, e.g., Casada v. Booneville School Dist. No. 65, 686 F. Supp. 730 (W.D. Ark. 1988).
There is a scene in Through the Looking-Glass where this colloquy occurs between Alice and Humpty Dumpty:
“When / use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean — neither more or less.”
“The question is,” said Alice, “whether you can make words mean so many different things.”
I believe in this instance the language of § 16-17-1510(d) is clear. We should withstand the temptation to have an “appeal” mean an original “civil action.” I respectfully dissent.
Holt, C.J., joins.