Generali-U.S. Branch v. Martinez

Supreme Court of Arkansas

Generali-U.S. Branch v. Martinez

169 S.W.3d 45, 357 Ark. 383, 2004 Ark. LEXIS 316

CourtSupreme Court of Arkansas

DecidedMay 13, 2004

Docket03-1210

StatusPublished

This text of 169 S.W.3d 45 (Generali-U.S. Branch v. Martinez) 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.

Bluebook

Generali-U.S. Branch v. Martinez, 169 S.W.3d 45, 357 Ark. 383, 2004 Ark. LEXIS 316 (Ark. 2004).

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Opinion

Per CurLeticia

Appellees Hector Angel Martinez and Leticia Martinez filed a motion to dismiss the appeal filed by Appellant Generali-U.S. Branch. In support of their motion, Appellees alleged that Appellant failed to tender the record and filing fee required by Ark. R. App. — Civ. 5(b), within seven months from the time the notice of appeal was filed. We ordered the parties to submit briefs addressing the issue of dismissal. Shortly thereafter, however, the court of appeals held oral arguments in the direct appeal of this matter and issued an unpublished opinion affirming the order of the trial court. See Generali-U.S. Branch v. Martinez, CA03-1213 (Ark. App. April 7, 2004). At no time during their arguments before the court of appeals did counsel acknowledge the fact that a motion to dismiss had been filed. Accordingly, the fact that Appellees prevailed on direct appeal renders their motion to dismiss moot.

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Per CurLeticia

Appellees Hector Angel Martinez and Leticia Martinez filed a motion to dismiss the appeal filed by Appellant Generali-U.S. Branch. In support of their motion, Appellees alleged that Appellant failed to tender the record and filing fee required by Ark. R. App. — Civ. 5(b), within seven months from the time the notice of appeal was filed. We ordered the parties to submit briefs addressing the issue of dismissal. Shortly thereafter, however, the court of appeals held oral arguments in the direct appeal of this matter and issued an unpublished opinion affirming the order of the trial court. See Generali-U.S. Branch v. Martinez, CA03-1213 (Ark. App. April 7, 2004). At no time during their arguments before the court of appeals did counsel acknowledge the fact that a motion to dismiss had been filed. Accordingly, the fact that Appellees prevailed on direct appeal renders their motion to dismiss moot.

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Bluebook (online)

169 S.W.3d 45, 357 Ark. 383, 2004 Ark. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/generali-us-branch-v-martinez-ark-2004.