Falana Jackson-Rice v. Robert Rice

Summary

The Arkansas Court of Appeals dismissed Falana Jackson-Rice’s appeal from a divorce decree because her notice of appeal failed to substantially comply with multiple requirements of Arkansas Rule of Appellate Procedure–Civil 3(e). The court held that the deficiencies, including failure to designate the record contents, confirm transcript and reporter arrangements, and abandon unresolved claims, deprived it of jurisdiction.

Holdings

1. The filing of an effective notice of appeal is jurisdictional; absent an effective notice of appeal, the appellate court lacks jurisdiction and must dismiss the appeal.
2. Although only substantial compliance with Rule 3(e) is required, substantial compliance cannot be found where there has been a near-complete disregard for the rule's mandates; a notice complying with only two of six requirements is insufficient.

Questions Presented

1. Whether the appellant's notice of appeal substantially complied with Arkansas Rule of Appellate Procedure–Civil 3(e).
2. Whether the Court of Appeals had jurisdiction to hear the appeal when the notice of appeal omitted three of Rule 3(e)'s six required statements.

Disposition

dismissed