Turnage v. State

Supreme Court of Arkansas

Turnage v. State

675 S.W.2d 625, 283 Ark. 242, 1984 Ark. LEXIS 1765

CourtSupreme Court of Arkansas

DecidedSeptember 17, 1984

DocketCR 84-49

StatusPublished

Cited by1 cases

This text of 675 S.W.2d 625 (Turnage v. State) 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

Turnage v. State, 675 S.W.2d 625, 283 Ark. 242, 1984 Ark. LEXIS 1765 (Ark. 1984).

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Opinion

George Rose Smith, Justice.

This appeal, brought to iis under Rule 29 (1) (c), must be dismissed for want of a final order.

Clif Turnage was arrested and charged in the Monti - cello municipal court with contributing to the delinquency of four different minors. After having been convicted and fined $109 on each charge, Turnage appealed to the circuit court, where he argued that the clerk’s fee for filing the record should be only $15 for a single appeal and not $60 for four appeals, as the clerk insisted. Turnage’s motion to require the clerk to file the record for a $15 fee was overruled by the circuit judge, who held that Turnage must pay $15 for each of four appeals. Turnage appeals from that order, the charges not yet having been tried in the circuit court.

The trial judge’s order is clearly not a final judgment, for the case is still awaiting trial on the merits in the circuit court. A judgment, to be final and appealable, must dismiss the parties from the court and conclude the controversy. McIlroy Bank & Trust v. Zuber, 275 Ark. 345, 629 S.W.2d 304 (1982); Alexander v. State, 260 Ark. 785, 261 Ark. 26, 545 S.W.2d 606 (1976). This order is merely interlocutory. Turnage’s remedy is to pay the costs as demanded, seek to have them retaxed under the statute, Ark. Stat. Ann. § 27-2320 (Repl. 1979), and take an appeal if desired after the case has proceeded to a final judgment.

Appeal dismissed.

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George Rose Smith, Justice.

This appeal, brought to iis under Rule 29 (1) (c), must be dismissed for want of a final order.

Clif Turnage was arrested and charged in the Monti - cello municipal court with contributing to the delinquency of four different minors. After having been convicted and fined $109 on each charge, Turnage appealed to the circuit court, where he argued that the clerk’s fee for filing the record should be only $15 for a single appeal and not $60 for four appeals, as the clerk insisted. Turnage’s motion to require the clerk to file the record for a $15 fee was overruled by the circuit judge, who held that Turnage must pay $15 for each of four appeals. Turnage appeals from that order, the charges not yet having been tried in the circuit court.

The trial judge’s order is clearly not a final judgment, for the case is still awaiting trial on the merits in the circuit court. A judgment, to be final and appealable, must dismiss the parties from the court and conclude the controversy. McIlroy Bank & Trust v. Zuber, 275 Ark. 345, 629 S.W.2d 304 (1982); Alexander v. State, 260 Ark. 785, 261 Ark. 26, 545 S.W.2d 606 (1976). This order is merely interlocutory. Turnage’s remedy is to pay the costs as demanded, seek to have them retaxed under the statute, Ark. Stat. Ann. § 27-2320 (Repl. 1979), and take an appeal if desired after the case has proceeded to a final judgment.

Appeal dismissed.

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675 S.W.2d 625, 283 Ark. 242, 1984 Ark. LEXIS 1765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turnage-v-state-ark-1984.

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