David Looney v. Bank of West Memphis; Kay Raby, Assignee
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SUPREME COURT OF ARKANSAS
No.
07-49
Opinion Delivered MARCH 15, 2007
DAVID E. LOONEY,
APPELLANT;
MOTION FOR RULE ON CLERK
VS.
BANK OF WEST MEMPHIS;
KAY RABY, ASSIGNEE,
GRANTED.
APPELLEE;
PER CURIAM
Appellant David E. Looney, by and through his attorneys, Butler Hicky & Harris, has
resubmitted a motion for rule on clerk to file the record and have his appeal docketed.
Appellant had previously filed a motion for rule on clerk after the clerk refused to docket his
appeal and would not accept the record due to a failure to comply with Arkansas Rule of
Appellate Procedure–Civil 5(b)(1). On February 1, 2007, we remanded the case to the trial
court for compliance with Rule 5(b)(1). See Looney v. Bank of West Memphis, ___ Ark. ___,
___ S.W.3d ___ (Feb. 1, 2007) (per curiam).
On March 5, 2007, the trial court issued an order for the purposes of strictly
complying with the requirements of Rule 5(b)(1) and stated that the order should relate back
to its October 11, 2006 order granting an extension of time to file the record to January 12,
2007. Since Appellant had timely filed the record in this matter to the clerk on January 11,
2007, and the extension order is now in compliance with Rule 5(b)(1), the motion is granted.
Our clerk is directed to accept the record and docket the appeal.
Motion for rule on clerk granted.
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07-49
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