Schaefer v. McGhee
| Decision Date | 21 December 1984 |
| Citation | 284 Ark. 370,681 S.W.2d 353 |
| Parties | Dr. Helen S. SCHAEFER, Appellant, v. James Franklin McGHEE, Appellee. |
| Court | Arkansas Supreme Court |
The clerk of the court refused to file the record in this case because of uncertainty about whether the notice of appeal, filed on July 6, was timely. The judgment bore conflicting filing stamps, a somewhat inconspicuous one reading "Filed May 21, 1984" and a more prominent one reading "Filed & Recorded June 7, 1984." We remanded the question to the circuit judge, who determined that the judgment was "filed of record" on June 7. 284 Ark. 32, 677 S.W.2d 302. That finding, too, is not without ambiguity, but we think it proper to let the record be filed.
The doubt, however, should not have arisen. The time for filing the notice of appeal runs from the date the judgment or decree is filed in the circuit or chancery clerk's office, not from its recordation. Hence the filing date should be clearly stamped on the document. If the date of recording is also to be stamped, the stamp should not include the word "filed." All circuit and chancery court clerks are directed to conform their practice to this opinion, a copy of which will be forwarded to them by the Judicial Department.
Rule granted.
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Arkansas Dept. of Human Services v. Hardy
...with a court clerk is denoted by the clerk marking or stamping the date and the word "filed" on the document. See Shaefer v. McGhee, 284 Ark. 370, 681 S.W.2d 353 (1984). The final order in this case was set forth on a separate document as required by Rule 58. It contains the case number on ......
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Jewell v. Fletcher
...date and the word "filed" on the document. Ark. Dep't of Human Servs. v. Hardy, 316 Ark. 119, 871 S.W.2d 352 (1994); Shaefer v. McGhee, 284 Ark. 370, 681 S.W.2d 353 (1984). When a document has been received by the clerk, file-marking is not inexorable proof of the exact time of filing, but ......
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Hawkins v. State Farm Fire and Cas. Co.
...the notice of appeal runs from the date the judgment or decree is filed in the circuit or chancery clerk's office. Shaefer v. McGhee, 284 Ark. 370, 681 S.W.2d 353 (1984). The chancery court's order granting the summary judgment as to count II, dealing with the reformation of the insurance p......
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Hatch v. Smith, CA02-1158.
...and the stamp including the word "filed" is controlling in determining whether a notice of appeal is timely. Shaefer v. McGhee, 284 Ark. 370, 681 S.W.2d 353. ...