Anthony D. White v. State of Arkansas
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SUPREME COURT OF ARKANSAS
No.
CR 06-413
ANTHONY D. WHITE
Opinion Delivered
May 4, 2006
APPELLANT
MOTION FOR RULE ON CLERK
VS.
STATE OF ARKANSAS
APPELLEE
MOTIONS –
REMANDED.
MOTION FOR RULE ON CLERK
COURT FOR COMPLIANCE WITH
–
MATTER REMANDED TO CIRCUIT
ARK. R. APP. P. – CIV. 5(B)(1)(C). – While the
circuit judge found that the appellant had shown good cause for granting an extension
of time in which to file the record and had extended the deadline, there was nothing
in the court’s order to indicate that all parties had had the opportunity to be heard on
the motion, either at a hearing or by responding in writing; because the supreme
court had made it clear that it expected strict compliance with the requirements of
Ark. R. App. P. – Civ. 5(b), and had held that the granting of an extension was not
a mere formality, the supreme court remanded the matter to the circuit court for
compliance with the rule.
Motion for Rule on Clerk; remanded.
Stuart Vess, for appellant.
No response.
PER CURIAM .
Appellant Anthony D. White filed a motion for rule on clerk to file his record and
have his appeal docketed. The clerk refused to docket the appeal based on a failure to
comply with Ark. R. App. P. – Civ. 5(b). Rule 5(b) concerns the extension of time within
which to file the record and provides:
(1) If any party has designated stenographically reported material for
inclusion in the record on appeal, the circuit court, by order entered before
expiration of the period prescribed by subdivision (a) of this rule or a prior
extension order, may extend the time for filing the record only if it makes the
following findings:
(A) The appellant has filed a motion explaining the reasons for the
requested extension and served the motion on all counsel of record;
(B) The time to file the record on appeal has not yet expired;
(C) All parties have had the opportunity to be heard on the motion,
either at a hearing or by responding in writing;
(D) The appellant, in compliance with Rule 6(b), has timely ordered the
stenographically reported material from the court reporter and made any
financial arrangements required for its preparation; and
(E) An extension of time is necessary for the court reporter to include
the stenographically reported material in the record on appeal.
Petras v. State, 363 Ark. 373, 374, ___ S.W.3d ___ (2005). See also Camp v. State, 362 Ark.
100, ___ S.W.3d ___ (2005).
On January 5, 2006, the circuit judge found that appellant had shown good cause for
granting an extension of time, and he extended the deadline to April 12, 2006; however, there
is nothing in the order to indicate that “[a]ll parties have had the opportunity to be heard on
the motion, either at a hearing or by responding in writing,” as required by Ark. R. App. P.
-2-
CR06-384
– Civ. 5(b)(1)(C).
This court has made it very clear that we expect strict compliance with the
requirements of Rule 5(b) and that we do not view the granting of an extension as a mere
formality. See Petras, supra. Accordingly, we remand this matter to the circuit judge for
compliance with Rule 5(b)(1)(C).
Remanded.
-3-
CR06-384
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