Baxter v. Wing (Per Curiam)Annotate this Case
Appellant, by and through her attorney, filed a motion for rule on clerk to file the record and to have her appeal docketed. The clerk refused to docket the appeal on the grounds that it was untimely filed and because the circuit court’s order granting an extension of time to lodge the record on appeal did not contain the required language of Ark. R. App. P.-Civ. 5(b)(1). The Supreme Court held (1) the record was timely tendered, but (2) the clerk was still correct in refusing to accept the record due to lack of compliance with Rule 5(b)(1). Remanded to the circuit court for compliance with Rule 5(b)(1).