Ashley v. Ashley (Majority)Annotate this Case
Appellee filed a notice of appeal from a probate order approving a settlement agreement among Appellants. Upon Appellee’s motion, the circuit court extended the time to lodge the record. Appellee subsequently filed a motion asking the court to enter a nunc pro tunc order clarifying its findings of fact relating to the order granting the extension because that order did not include the findings required by Ark. R. App. P.-Civ. 5(b). The circuit court entered the nunc pro tunc order. Appellants appealed, arguing that the circuit court erred in entering the nunc pro tunc order because Rule 5(b) had not been complied with at the time the original motion for extension of time was granted. The Supreme Court (1) affirmed the circuit court’s nunc pro tunc order, as the extension order complied with Rule 5(b); (2) affirmed the circuit court’s order approving the settlement agreement, as the settlement was in the best interest of the Estate of J.D. Ashley, Sr.; and (3) denied Appellants’ motion to dismiss Appellee’s appeal and their motion for sanctions, as Appellee timely lodged the record for his appeal and Appellee’s appeal was not frivolous.