Stephen V. Henderson v. Sandra K. Henderson

Stephen V. HENDERSON v. Sandra K. HENDERSON

97-699                                             ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered December 18, 1997


Appeal & error -- only one appeal timely -- all untimely appeals
     dismissed. -- Where appellant's March 12, 1997 notice of
     appeal was filed outside the time for appealing the trial
     court's November 25, 1996 decree, and his October 23, 1997
     notice of appeal was also untimely from all other decrees or
     orders named except the designated October 3, 1997 order, the
     supreme court dismissed as untimely the appeals from the
     November 25, 1996 decree, January 31, 1997 order, and February
     25, 1997 decree; the appeal from the October 3, 1997 order was
     timely; the motion to dismiss was granted in part. 


     Motion to Dismiss Appeal; granted in part.
     Callis L. Childs, for appellant.
     Helen Rice Grinder, for appellee.

     Per Curiam.
     On September 25, 1997, appellee Sandra K. Henderson filed a
motion to dismiss appeal, asserting appellant Stephen V. Henderson
failed to file a timely record.  The Faulkner County Chancery Court
had entered its decree on November 25, 1996, and appellant filed a
timely notice of appeal on December 26, 1996.  While appellant
obtained an extension until June 24, 1997 to file his transcript,
he failed to do so until June 25, 1997.  Accordingly, we dismissed
appellant's appeal from the November 25, 1996 decree because he
tendered his transcript late.
     Now, appellee contends appellant's second and third notices of
appeal were untimely.  On March 12, 1997, appellant filed his
second notice of appeal from the November 25, 1996 decree, and on
October 23, 1997, he filed a third notice of appeal from the
November 25, 1996 decree, but added a January 31, 1997 order, a
February 25, 1997 supplemental decree, and an order filed on
October 3, 1997.  Obviously, the March 12, 1997 notice of appeal
was filed outside the time for appealing the trial court's
November 25, 1996 decree, and from what we can glean from the
record, his October 23, 1997 notice of appeal was also untimely
from all other decrees or orders named except the designated
October 3, 1997 order.  See Rule 3 of the Appellate Procedure--
Criminal.  The October 3 order was signed and entered by Judge
Gardner regarding contempt and Rule 11 issues.
     Based upon this record and appellee's new motion to dismiss,
we dismiss as untimely the appeals from the November 25, 1996
decree, January 31, 1997 order, and February 25, 1997 decree.  The
appeal from the October 3, 1997 order is timely.