Summary
The Arkansas Supreme Court remanded the matter to the circuit court because an order extending the deadline for filing the appellate record did not state that all parties had an opportunity to be heard, as required by Arkansas Rule of Appellate Procedure-Civil 5(b)(1)(C). The court held that strict compliance with Rule 5(b)(1) was required, while a concurring justice suggested that the rule should be reconsidered for practicality.
Topics
Practice areas
Questions Presented
- Whether the clerk properly refused to docket the appeal when the circuit court's transcript-extension order failed to include the finding required by Arkansas Rule of Appellate Procedure-Civil 5(b)(1)(C).
- Whether strict compliance with Rule 5(b)(1) is required for an extension of time to file the record on appeal.
Holdings
- Strict compliance with Rule 5(b)(1) is required; an extension of time to file the record is not a mere formality and must include the rule's required findings.
- The matter must be remanded to the circuit court for compliance with Rule 5(b)(1)(C).
Key quotations
“there must be strict compliance with the requirements of Rule 5(b), and that we do not view the granting of an extension as a mere formality.” (238 S.W.3d at 923)
“Accordingly, we remand this matter to the circuit court for compliance with Rule 5(b)(1)(C).” (238 S.W.3d at 923)
Factual background
The circuit court extended Pamela Terry's deadline to file the appellate transcript. The extension order omitted the required finding that all parties had an opportunity to be heard on the extension motion. Although the record was tendered before the extended deadline, the clerk deemed it late and refused to docket the appeal because of the defect in the order.
Procedural history
The circuit court entered an order extending the deadline for filing the transcript from March 16, 2006, to June 14, 2006. The record was tendered on June 12, 2006, but the clerk refused to docket the appeal because the extension order did not state that all parties had an opportunity to be heard. The Supreme Court of Arkansas remanded to the circuit court for compliance with Rule 5(b)(1)(C).
Remand instructions
The circuit court must comply with Arkansas Rule of Appellate Procedure-Civil 5(b)(1)(C) by addressing whether all parties had the opportunity to be heard on the motion to extend the time for filing the record.