Taylor v. Biba (Majority)
Annotate this CaseAfter an automobile accident, Fran Biba sued Trevor Taylor and his employer, Rick Taylor, Inc. The district court awarded Biba damages and assigned Biba ten-percent fault, resulting in a judgment of $9,140. Taylor appealed by filing a certified docket sheet with the circuit court, but the docket sheet did include an entry for Biba’s “Answer to Counterclaim.” Biba filed a motion to dismiss the appeal due to Taylor’s failure to strictly comply with Ark. Dist. Ct. R. 9 because the certified docket sheet did not contain an entry for all the pleadings that had been filed. The circuit court granted Biba’s motion to dismiss, concluding that Rule 9(b) requires strict compliance, not substantial compliance, and that Taylor’s appeal had failed to comply with the rule. The Supreme Court reversed and remanded, holding that Taylor strictly complied with Rule 9(b), and therefore, the circuit court erred in granting Biba’s motion to dismiss.
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