City of Centerton v. City of Bentonville
This text of 289 S.W.3d 53 (City of Centerton v. City of Bentonville) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The City of Centerton appeals an October 11, 2007 order declaring the City’s annexation ordinance invalid. We lack jurisdiction to hear this appeal.
The order appealed from was entered on October 11, 2007. Centerton filed a posttrial motion to amend the judgment on October 14, 2007. A posttrial motion extends the time within which to file the notice of appeal to thirty days from the date the posttrial motion is decided. See Ark. R. App. P.-Civ. 4(b)(1). However, if the circuit court fails to decide the motion within thirty days, the motion is deemed denied as of the thirtieth day. Id.
The thirty days within which the circuit court had to decide the motion ran November 23, 2007, and the court did not decide the motion until November 30, 2007. Thus, the motion was deemed denied on November 23, 2007. Centerton had thirty days from November 23, 2007, or until December 26, 2007, to file the notice of appeal. It was filed on December 28, 2007. Pursuant to Ark. R. App. P. — Civ. 4(a), the notice of appeal had to be filed within thirty days of entry of the judgment appealed from. See Murchison v. Safeco, 367 Ark. 166, 238 S.W.3d 11 (2006). This court may not hear the appeal. It is dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
289 S.W.3d 53, 375 Ark. 8, 2008 Ark. LEXIS 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-centerton-v-city-of-bentonville-ark-2008.