Evans v. Deboer

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NOT DESIGNATED FOR PUBLICATION ARKANSAS COURT OF APPEALS DIVISION I CA08-466 No. Opinion Delivered WENDY EVANS, ARTHUR EVANS, and FRANCES EVANS APPELLANTS MARCH 4, 2009 APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, [NO. CV2006-9380] V. SHAWN D. DEBOER and SNL DISTRIBUTION SERVICES CORP. APPELLEES HONORABLE TIMOTHY DAVIS FOX, JUDGE APPEAL DISMISSED M. MICHAEL KINARD, Judge This appeal stems from a jury trial on claims arising out of a traffic accident. We have no jurisdiction to consider the appeal; therefore, the appeal is dismissed. Arkansas Rule of Appellate Procedure-Civil 3(e) sets forth what must be contained in a valid notice of appeal. Rule 3(e) requires, among other things, that a notice of appeal designate the judgment, decree, order or part thereof appealed from and designate the contents of the record on appeal. Appellants have filed three separate notices of appeal, none of which contain the above required elements under Rule 3(e). An appellant must file a valid notice of appeal as a prerequisite to this court’s exercise of appellate jurisdiction over appellant’s case. See Schaeffer v. City of Russellville, 52 Ark. App. 184, 916 S.W.2d 134 (1996); Glover v. Langford, 49 Ark. App. 30, 894 S.W.2d 959 (1995). Because no valid, timely notice of appeal has been filed in this case, the appeal is dismissed for lack of jurisdiction. Appeal dismissed. V AUGHT, C.J., and G LADWIN, J., agree. -2-

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