Brenna Keesee v. David Keesee
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SUPREME COURT OF ARKANSAS
No.
06-1022
Opinion Delivered 10-5-06
BRENNA KESSEE,
APPELLANT,
MOTION FOR RULE ON THE CLERK
VS.
DAVID KEESEE,
APPELLEE,
REMANDED.
PER CURIAM
Appellant Brenna Keesee filed a motion for rule on the clerk seeking an order of this
court directing the Arkansas Supreme Court Clerk to accept her record for filing. Appellant
attempted to file her record on September 6, 2006, pursuant to a motion for extension of time
to file the record under Arkansas Rules of Appellate Procedure – Civil 5(b), and an order by
the circuit court granting an extension to September 9, 2006. The clerk refused the filing
because there was no finding in the order by the circuit court that “all parties had the
opportunity to be heard on the motion, either at a hearing, or by responding in writing” as
required by Rule 5(b)(1)(C).
Arkansas Rules of Appellate Procedure – Civil 5(b)(1)(C) provides in part:
(b) Extension of time.
(1) If any party has designated stenographically reported material for
inclusion in the record on appeal, the circuit court, by order entered before
expiration of the period . . . may extend the time for filing the record only if it
makes the following findings:
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(C) All parties have had the opportunity to be heard on the motion,
either at a hearing or by responding in writing[.] (Emphasis added.)
This court has made it very clear that we expect strict compliance with the
requirements of Rule 5(b), and that we do not view the granting of an extension as a mere
formality. See, e.g., Woods v. Tapper, ____ Ark. ____, ____ S.W.3d ____ (Sept. 14, 2006)
(per curiam); Hairgrove v. Oden, ____ Ark. ____, ____ S.W.3d ____ (Jan. 19, 2006) (per
curiam). The order of extension in this case makes no reference to the findings of the circuit
court required under Rule 5(b)(1)(C). Accordingly, we remand this matter to the circuit judge
for compliance with Rule 5(b)(1)(C).
Remanded.
-2-
05-1360
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