Simpson Housing Solutions, LLC v. Hernandez

Summary

The Supreme Court of Arkansas considered a petition for a writ of certiorari seeking to complete the appellate record in a class-action appeal. The court held that the circuit court’s extension order failed to comply strictly with Arkansas Rule of Appellate Procedure–Civil 5(b)(1), remanded for compliance, and dismissed the petition without prejudice.

Holdings

1. An order extending the time to file an appellate record containing stenographically reported material must strictly comply with the findings required by Arkansas Rule of Appellate Procedure–Civil 5(b)(1); a timely order that omits required findings is insufficient.
2. When an extension order fails to make the findings required by Rule 5(b)(1), the matter must be remanded to the circuit court for strict compliance, and a petition for writ of certiorari to complete the record may be dismissed without prejudice.

Questions Presented

1. Whether the circuit court's order extending the time to file the appellate record strictly complied with Arkansas Rule of Appellate Procedure–Civil 5(b)(1).
2. Whether the petition for writ of certiorari to complete the record should be granted, dismissed, or otherwise resolved.

Disposition

remanded