Alvin L. Tinkes v. Honorable Charles A. Yeargan, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

September 16, 2004

ALVIN L. TINKES

Petitioner

v.

HONORABLE CHARLES A. YEARGAN,

JUDGE

Respondent

CR 04-730

PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF SEVIER COUNTY, NO. CR 2000-26, CR 2000-27]

PETITION MOOT

Per Curiam

Alvin Tinkes filed a petition for writ of mandamus in this court contending that the Honorable Charles A. Yeargan, Circuit Judge, had failed to act in a timely manner on a pro se motion for extension of time to lodge an appeal record, which he had filed in the Circuit Court of Sevier County on March 12, 2004. On July 15, 2004, Judge Yeargan entered an order denying the motion.

In the order, the court noted that the appeal record was prepared within ninety days of the date of the notice of appeal as required by Ark. R. App. P.-Civil 5(a), but Tinkes failed to perfect the appeal. The court correctly concluded that once the ninety days to lodge the appeal had elapsed, it no longer had jurisdiction to grant an extension of time in the case. See Ark. R. App. P.-Civil 5(b)(1). As the circuit court has acted in the matter, the petition for writ of mandamus is moot.

Petition moot.