Jackson v. Jackson
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SUPREME COURT OF ARKANSAS
No. 09-595
Opinion Delivered September 10, 2009
STEPHEN JACKSON
APPELLANT,
MOTION FOR RULE ON CLERK
VS.
CATHY JACKSON
APPELLEE,
MOTION DENIED
PER CURIAM
In a per curiam delivered on June 25, 2009, this court remanded this case to the circuit
court for proof of compliance with Arkansas Rule of Appellate Procedure-Civil 5(b)(1)(C).
Appellant had previously been granted extensions of time for filing the record on March 5,
2009, and May 8, 2009. We asked the court to determine if the rule was complied with at the
time the original motion for extension of time was filed and granted.
In its order on remand, the trial court found that the rule was complied with at the
time appellant’s first motion and order for extension was filed and granted, but the rule was
not complied with at the time his second motion and order for extension was filed and
granted. The court specifically found that appellee did not have an opportunity to be heard
on appellant’s second motion for extension, either at a hearing or by responding in writing
before the extension was filed.
We have made it clear that there must be strict compliance with the requirements of
Rule 5(b), and this court does not view the granting of an extension as a mere formality. See
South Flag Lake, Inc. v. Gordon, 374 Ark. 138, 286 S.W.3d 146 (2008) (per curiam). Because
the requirements were not met in this case, the motion for rule on clerk filed by the appellant
is denied, and the case is dismissed.
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