Fiveash v. State

Court of Appeals of Arkansas

Fiveash v. State

676 S.W.2d 769, 12 Ark. App. 391, 1984 Ark. App. LEXIS 1804

CourtCourt of Appeals of Arkansas

DecidedOctober 17, 1984

DocketCA CR 83-138

StatusPublished

Cited by4 cases

This text of 676 S.W.2d 769 (Fiveash v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fiveash v. State, 676 S.W.2d 769, 12 Ark. App. 391, 1984 Ark. App. LEXIS 1804 (Ark. Ct. App. 1984).

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Opinion

Per Curiam.

On 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.

In 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.

We 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.

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

Motion denied.

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Per Curiam.

On 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.

In 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.

We 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.

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

Motion denied.

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Bluebook (online)

676 S.W.2d 769, 12 Ark. App. 391, 1984 Ark. App. LEXIS 1804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiveash-v-state-arkctapp-1984.

Opinion

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