Snowden v. Benton
| Decision Date | 12 April 1995 |
| Docket Number | No. CA,CA |
| Citation | 896 S.W.2d 451,49 Ark.App. 75 |
| Parties | Danny SNOWDEN, Appellant, v. Joe T. BENTON, III, Russell A. Benton and Mountain Pine Timber, Inc., Appellees. 94-513. |
| Court | Arkansas Court of Appeals |
M. Edward Morgan, Clinton, for appellant.
Larry E. Graddy, Conway, for appellees.
The appellant in this civil case sought an appeal from an order of the Faulkner County Circuit Court entered December 20, 1993. The appellant filed a motion for a new trial on December 22, 1993. No ruling was ever made on the new trial motion. The appellant filed a notice of appeal on January 20, 1994, from the circuit court's order of December 20, 1993. We are constrained to dismiss this appeal because the notice of appeal was untimely.
A notice of appeal filed prior to the disposition of a motion for a new trial is without effect under Ark.R.App.P. 4(c). The Rule provides that, when such a post-trial motion has been filed, a new notice of appeal must be filed within the prescribed time from the entry of the order dealing with the post- trial motion or from the expiration of the thirty days allowed in the absence of a ruling. Lawrence Brothers, Inc. v. R.J. "Bob" Jones Excavating Contractor, Inc., 318 Ark. 328, 884 S.W.2d 620 (1994). Because the appellant's notice of appeal was filed before the expiration of the thirty-day period, it was without effect under Rule 4(c) and we must dismiss the appeal.
Appeal dismissed.
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Breckenridge v. Ashley, CA
...to file a timely notice of appeal deprives this Court of jurisdiction and requires dismissal of the appeal. See Snowden v. Benton, 49 Ark.App. 75, 76, 896 S.W.2d 451 (1995); Glover v. Langford, 49 Ark.App. 30, 31, 894 S.W.2d 959 The only clear authorities regarding the timeliness of the not......
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Alamo v. Coie
...at 85, 842 S.W.2d 66. See also Schaeffer v. City of Russellville, 52 Ark.App. 184, 186, 916 S.W.2d 134 (1996); Snowden v. Benton, 49 Ark.App. 75, 76, 896 S.W.2d 451 (1995); Glover v. Langford, 49 Ark.App. 30, 31, 894 S.W.2d 959 We therefore dismiss this appeal as untimely. Dismissed. ...
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Schaeffer v. City of Russellville, CA
...days after the motion was filed. Therefore, the notice of appeal was premature and the appeal must be dismissed. See Snowden v. Benton, 49 Ark.App. 75, 896 S.W.2d 451 (1995); Glover v. Langford, 49 Ark.App. 30, 894 S.W.2d 959 In his reply brief, appellant argues that Rule 4(c) does not rend......