Public-domain · open source
OpenJurist

12 Ark. App. 391

Fiveash v. State

Court of Appeals of Arkansas

Decided October 17, 1984

Court of Appeals of Arkansas · decided 1984-10-17

Cited by 7 later decisions — most recently December 1996

7 state decisions

Relies on Rojas v. State · Cristee v. State · Stefanovich v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-10-17

View the full empirical analysis of this case →

Per Curiam.

¶1On February 1, 1984, we affirmed the trial court’s judgment in the above styled case. On October 4, 1984, appellant’s court-appointed attorney filed a motion for attorney’s fee.

¶2In Cristee v. State, 4 Ark. App. 33, 627 S.W.2d 34 (1982), we said that motions for attorney’s fees in these cases should be filed in this court in time for them to be considered at the time the case is considered on its merits. Two years later, in Stefanovich v. State, 10 Ark. App. 233, 662 S.W.2d 476 (1984), we called attention to Cristee and pointed out that failure to file the motion in time for it to be considered at the time the case is considered on its merits could prevent the allowance of an attorney’s fee.

¶3We allowed a fee in both of those cases, but the motions were filed within three months of the case decision and in the same fiscal year. Here, eight months have elapsed and on July 1, 1984, a new fiscal year intervened.

¶4Our power to allow the fee at this late date is suspect; moreover, we do not think one should be allowed under the circumstances.

¶5Motion denied.

/12/arkapp/391 · .json · Public domain