Arkansas State University v. Professional Credit Management, Inc.

Summary

The Supreme Court of Arkansas dismissed Arkansas State University's appeal concerning a garnishment of an employee's wages. The court held that the appeal from district court to circuit court was untimely under Arkansas District Court Rule 9, and that the filing deadline was jurisdictional and was not extended by a postjudgment motion. Because the circuit court lacked jurisdiction, the Supreme Court of Arkansas likewise lacked jurisdiction to reach the merits.

Holdings

1. An appeal from district court to circuit court must be taken by filing the district court record in the circuit court within thirty days after entry of judgment; failure to do so is jurisdictional.
2. A motion to set aside, vacate, alter, or amend a district court judgment does not extend the thirty-day period for appealing to circuit court.
3. The Supreme Court lacked subject-matter jurisdiction to hear the appeal and was required to dismiss it.

Questions Presented

1. Whether the appeal from the district court to the circuit court was timely under Arkansas District Court Rule 9.
2. Whether a postjudgment motion to set aside, vacate, alter, or amend a district court judgment extends the thirty-day period for appealing from district court to circuit court.
3. Whether the Supreme Court of Arkansas had subject-matter jurisdiction to reach the merits of the garnishment issues.

Disposition

dismissed