ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

November 6, 2003

KENNETH MIDDLETON, et al Appellants

v.

GERALDINE LOCKHART, et al

03-467

PRO SE MOTION TO BRING TO ATTENTION OF COURT A FRAUD [CIRCUIT COURT OF NEWTON COUNTY, E-91-17-1, HON. JOHNNY LINEBERGER, JUDGE]

MOTION DENIED

Per Curiam

The attorney for the appellees in this civil matter requested that oral argument be heard. The request was denied on October 14, 2003. On October 24, 2003, one of the appellants, Kenneth Middleton, filed the instant pro se motion in which he seeks to bring to this court's attention certain misstatements and falsehoods that he contends were contained in the substituted brief filed by appellee's counsel in this appeal. Appellant Middleton asks that counsel for the appellees be sanctioned for his misconduct.

The motion is denied. Appellant has not demonstrated that any conduct by appellee's counsel is subject to sanction. As to the arguments contained in the appellee's brief, the appellant's brief is the proper forum to refute arguments made by the appellee. Finally, having accepted representation by counsel, appellant Middleton is not entitled to pursue his own motions for relief while also relying on counsel to represent him. See Monts v. Lessenberry, 305 Ark. 202, 806 S.W.2d 379 (1991).

Motion denied.