¶1Appellant has petitioned for reconsideration of her motion for rule on the clerk to lodge the transcript. The record was refused by the clerk, and appellant’s motion for a rule denied by us, because Notice of Appeal was not timely filed. Appellant urges that we treat the failure as an unavoidable casualty, which we have done on occasion when the record was unavoidably tendered out of time. However, the rule of unavoidable casualty applies to the lodging of the record on appeal and not to the failure to file Notice of Appeal, the latter being jurisdictional. City of Hot Springs v. McGeorge Contracting Company, Inc., 260 Ark. 636, 543 S.W.2d 475 (1976) and Ward v. Universal C.I.T. Credit Corp., 228 Ark. 275, 307 S.W.2d 73 (1957).
278 Ark. 106
Burris v. Burris
Decided December 20, 1982
Supreme Court of Arkansas · decided 1982-12-20
Cited by 7 later decisions — most recently October 1998
7 state decisions
Key passage — most relied on by later courts
“Appellant urges that we treat the failure as an unavoidable casualty, which we have done on occasion when the record was unavoidably tendered out of time. However, the rule of unavoidable casualty applies to the lodging of the record on appeal and not to the failure to file Notice of Appeal, the latter being jurisdictional.”
quoted by 1 later decision, including Novak v. J.B. Hunt Transport
Relies on City of Hot Springs v. McGeorge Contracting Co. · Ward v. Universal C.I.T. Credit Corp.
Good law ✅— No negative treatment on recordhow we know
Decided 1982-12-20
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