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The Rule 54(b) Trap: Dealing with Non-final Orders in Cases with Multiple...
Recurring Rule 54(b) Issues Over the past several years, “APPEAL DISMISSED WITHOUT PREJUDICE” has been a recurring disposition in opinions handed down by the Arkansas Supreme Court and the Arkansas...
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Arkansas Court of Appeals Orders Rebriefing in Two Cases; Warns Appellate...
The Arkansas Court of Appeals ordered rebriefing today in the following two cases: In Fowler v. State, 2010 Ark. App. 811, the Arkansas Court of Appeals ordered rebriefing because a portion of the...
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Appellate Practice Tip: How to Arrange the Appellant’s Addendum
Appellate Practice Tip Summary: Arrange the Appellant’s Addendum Chronologically rather than Thematically. For Arkansas appellate attorneys who have wondered how Arkansas’s appellate courts would like...
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Rule 54(b) Strikes Twice . . . in the Same Case.
Case: Beverly Enterprises Inc. v. Keaton (Beverly II) Appellate Practice Tip: Before appealing, make certain that all claims against all parties are either properly dismissed (meaning that a court...
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Judge Posner, the Blue Book, and Arkansas Citation Resources
Judge Richard Posner, of the U.S. Court of Appeals for the Seventh Circuit, created quite a stir lately with his law review article in the Yale Law Journal, in which he criticized the Blue Book’s...
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Ten Tips to Remember When Filing Your Next Notice of Appeal
Appellate attorneys suggest that you start thinking about the appeal of your client’s case from the moment you file the initial pleading. The reality is that a lot of lawyers don’t start thinking...
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Rule 54(b)(5) and the Rule of Unintended Consequences: Yet Another Rule 54(b)...
In 2008, Rule 54(b) of the Arkansas Rules of Civil Procedure was amended in an effort to resolve a finality problem that kept reoccurring. See Ark. R. Civ. P. 54(b), Addition to Reporter’s Notes, 2008...
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Procedural Lessons from a $48 Million Dollar Appeal
On December 8, 2011, the Arkansas Supreme Court handed down its decision in Bayer Cropscience LP v. Schafer, 2011 Ark. 518. The Court’s decision is significant for a number of reasons, not the least...
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Oral Order Dismissing a Party Not Sufficient to Create Final Order (Ford I)
The first round of decisions from the Arkansas Supreme Court for its 2012-13 term included a holding on a familiar issue concerning the finality of decisions. In Ford Motor Company v. Washington, 2012...
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Ford Motor Company v. Washington (Ford III): The Third Time Is Not the Charm...
Introduction We have written two previous blog posts regarding this case: The first blog post discussed Ford Motor Co. v. Washington, 2012 Ark. 325 (“Ford I“), and the second blog post discussed Ford...
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New Arkansas Appellate Court Rules Effective August 1, 2013
Arkansas attorneys filing briefs and motions in the Arkansas Supreme Court or Arkansas Court of Appeals should be aware that two new rules go into effect beginning today (August 1, 2013) that change...
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Toward a More Practical Approach to Preservation: Hardin v. Bishop
In a December 2012 blog post, we questioned whether Bayer Cropscience LP v. Schafer, 2011 Ark. 518, represented a “possible departure from Arkansas’s strict preservation rules.” See Procedural Lessons...
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Another Post-Judgment Motion Cautionary Tale: Evangelical Lutheran Good...
We have discussed the dangers of post-trial motions in a previous blog post. In fact, in a CLE we presented to the Arkansas Trial Lawyers Association in 2011, we listed the filing of a post-trial...
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Future Obligations and Finality Problems: Nix v. Nix
Nix v. Nix The Arkansas Court of Appeals recently handed down its decision in Nix v. Nix, 2014 Ark. App. 162. Nix was a divorce case in which the husband appealed, arguing that the trial court had...
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Were Your Arguments Made in Chambers Preserved for Appeal?
Arkansas Realtors Association v. Real Forms, LLC Any attorney who has spent much time practicing in court knows that many arguments and rulings are made in chambers (and off the record). The question,...
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Arkansas Supreme Court Decision Clarifies Rule Regarding Termination of...
In re Guardianship of S.H., 2012 Ark. 245, 409 S.W.3d 307 (“S.H. I“) and In re Guardianship of S.H., 2015 Ark. 75 (“S.H. II“) both address the rule that applies when a parent who originally consents to...
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Timeline of an Arkansas Civil Appeal
Introducing the new Timeline of an Arkansas Civil Appeal infographic, brought to you by Taylor & Taylor Law Firm, P.A. If you would like to receive a copy of our custom timeline card for your...
View ArticleThe Arkansas Court of Appeals Holds that Sanctions and Contempt Are Not the Same
The Arkansas Rules of Appellate Procedure–Civil provide that “[a]n appeal may be taken from a circuit court to the Arkansas Supreme Court from . . . [a] civil or criminal contempt order, which imposes...
View ArticleElectronic Filing of Appellate Briefs is now Mandatory in Arkansas Appellate...
The Arkansas Supreme Court has recently issued a per curiam opinion making electronic filing of appellate briefs mandatory as of January 1, 2018. In its per curiam, the Court made a few changes and...
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Creating Hyperlinks in Adobe
One of the questions we receive quite frequently is about creating hyperlinks to the sections of a brief. With electronic filing of briefs now required, and with hyperlinks required as part of...
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