SCOA: Now or Never for Immediately Appealable Interlocutory Orders

This is a very significant mid-2011 case.

In the case, In re Estate of Stinnett, 2011 Ark. 278, — S.W.3d —-, decided on June 23, 2011, the supreme court held that an interlocutory order which is immediately appealable per Ark. R.App. P.–Civ. 2(a) can only be appealed within the time specified in Ark. R.App. P.–Civ. 4.

Appellant’s notice of appeal was filed within 30 days after the circuit court’s final distribution order, but appellant’s only point for reversal was a challenge to an earlier order striking a filing made by appellant.

The supreme court held that since the earlier order was immediately appealable, either as an order striking a pleading or as an immediately appealable probate order per A.C.A. § 28-1-116, the time frame in which it could have been appealed was 30 days. Appellant’s appeal was thus untimely. Continue reading SCOA: Now or Never for Immediately Appealable Interlocutory Orders

ACOA: Money Judgment Must Contain Specific Dollar Amount

This domestic relations court of appeals case from last fall highlights an important rule concerning judgments.

In Hayes v. Otto, 2011 Ark. App. 564 (decided September 28, 2011), a father appeals a circuit court order concerning overdue child support payments owed to him by the child’s mother. The appellant father contended that the circuit court erred in several ways in its ruling computing the amount of overdue child support payments owed.

However, the court of appeals determined that the case was not ripe for appeal due to lack of a final order because the judgment did not specific a specific monetary amount being awarded. Continue reading ACOA: Money Judgment Must Contain Specific Dollar Amount

ACOA: Notice of Appeal of Post-Judgment Attorney Fee Order Must Reference the Order

The case Spill Responders, Inc. v. Felts, 2011 Ark. App. 267, is a good reminder of two important points regarding appeals: (1) To preserve trial error arguments, they must be made during trial; (2) A post-judgment attorney fee award order must be mentioned in the notice of appeal to be challenged on appeal.

Background

The litigation in this case stemmed from a dispute over a corporate stock purchase agreement. Continue reading ACOA: Notice of Appeal of Post-Judgment Attorney Fee Order Must Reference the Order

SCOA: Dismissal Without Prejudice Due to No Timely Service Is Unappealable

In the March 3, 2011 opinion Carroll v. Baker, 2011 Ark. 98, the Arkansas Supreme Court held that a dismissal for failure to accomplish timely service is not appealable if the plaintiff has the option to refile.

On January 7, 2010, Appellant Conray Carroll brought suit against Appellee Dawn Baker, a deputy clerk in the Pulaski County Circuit Clerk’s office. Carroll contended that his due process rights had been violated when the transcript for an appeal of an earlier suit he filed, relating to his 1997 rape conviction, was not tendered to the appellate court due to his not paying certain fees.

The 2010 lawsuit was dismissed without prejudice by the circuit court when it was not served on Baker within 120 days. Rule 4(i) of the Arkansas Rules of Civil Procedure requires service on a defendant within 120 days of the complaint being filed. Carroll appealed the dismissal.

The Arkansas Supreme Court dismissed Carroll’s appeal. Continue reading SCOA: Dismissal Without Prejudice Due to No Timely Service Is Unappealable

ACOA: Appeal Clock Starts 30 Days After Filing Ungranted Rule 60 Motion

Failure to comply with appellate filing deadlines will almost guarantee a dismissal on appeal. Here is a case in point.

In Reimer v. Ragsdale, 2011 Ark. App. 81, decided on February 2, 2011, appellant David Reimer brought suit against appellees Sandra and Eldon Ragsdale because of alleged defects in a house he bought from them.

Here are the key dates:

  • November 5, 2009 – circuit court granted the Ragsdales’ motion to dismiss.
  • November 18, 2009 – Reimer filed a motion for relief from the judgment per Rule 60 of the Arkansas Rules of Civil Procedure.
  • January 14, 2010 – the Rule 60 motion was denied.
  • February 11, 2010 – Reimer filed a notice of appeal.

The Arkansas Court of Appeals dismissed the appeal as untimely. Continue reading ACOA: Appeal Clock Starts 30 Days After Filing Ungranted Rule 60 Motion