Summary
The Supreme Court of Arkansas remanded the matter to the circuit court because its order extending the time to lodge the record on appeal did not contain the findings required by Arkansas Rule of Appellate Procedure–Civil 5(b)(1). The court emphasized strict compliance with the rule and directed the circuit court to determine whether the requirements were satisfied when the original extension was requested and granted.
Topics
Practice areas
Questions Presented
- Whether the circuit court's order extending the time to lodge the record on appeal complied with Arkansas Rule of Appellate Procedure–Civil 5(b)(1).
- Whether the matter should be remanded to allow the circuit court to make the findings required by Rule 5(b)(1).
Holdings
- An order extending the time for filing the record on appeal must strictly comply with Arkansas Rule of Appellate Procedure–Civil 5(b)(1) and contain the rule's required findings; a finding of good cause alone is insufficient.
- When an order extending the time to lodge the record fails to comply with Rule 5(b)(1), the Supreme Court may remand the matter to the circuit court for compliance with the rule.
Key quotations
“This court has made it clear that there must be strict compliance with Rule 5(b) and that we do not view the granting of an extension as a mere formality.” (2)
Factual background
Coleman sought an extension of time to lodge the record on appeal, which included stenographically reported material. The circuit court granted the extension based only on a finding of good cause and did not make any of the specific findings required by Rule 5(b)(1). The circuit clerk consequently refused to docket the appeal.
Procedural history
The Pulaski County Circuit Court granted Coleman's motion to extend the time for lodging the record, finding only that good cause existed. The circuit clerk refused to file and docket the appeal because the order did not contain the findings required by Rule 5(b)(1). The Supreme Court of Arkansas remanded the matter to the circuit court for compliance with the rule.
Remand instructions
The circuit court must determine whether Rule 5(b)(1) was complied with when the original motion for extension was filed and granted. It may not permit the parties to correct deficiencies; instead, it must make the required findings as if they were being made at the time of the original motion. If the requirements were not met, the circuit court's order on remand must so reflect and be returned to the Supreme Court.