Coggins v. Coggins, 353 Ark. 431

Summary

The Arkansas Supreme Court denied Fred H. Coggins’s petition for a writ of certiorari to complete the record in his divorce appeal. The court held that he failed to seek an additional timely extension from the circuit court or demonstrate that he was unable to obtain one, and it dismissed the appeal because timely filing of the appellate record is jurisdictional.

Holdings

1. A petitioner seeking a writ of certiorari to complete the appellate record must show that the petitioner was unable to obtain a further extension order from the trial court before the applicable deadline and must demonstrate that the delay in obtaining the record was necessary. Fred Coggins made neither showing, so the writ was denied.
2. The timely filing of the record on appeal is a jurisdictional requirement for perfecting an appeal; because the writ was denied and the record was not timely filed, the appeal was dismissed.

Questions Presented

1. Whether the Supreme Court of Arkansas should issue a writ of certiorari under Ark. R. App. P.-Civ. 5(b) and Supreme Court Rule 3-5 to complete the appellate record after the expiration of a prior extension.
2. Whether the failure to timely file the appellate record required dismissal of the appeal.

Disposition

writ_denied