T. Ricks LLC v. Kent

Cite as 2014 Ark. 269SUPREME COURT OF ARKANSAS
No. CV-13-873
T. RICKS, LLC; RICK ADAMS; AND Opinion Delivered June 5, 2014
THE RICK AND LANAN ADAMS
LIVING TRUST APPEAL FROM THE WHITE
APPELLANTS COUNTY CIRCUIT COURT
[NO. CV-2011-668-3]
V.
HONORABLE CRAIG HANNAH,
RICK KENT; BARBARA KENT; KKC, JUDGE
INC.; MID-STATE INVESTMENTS,
LLC; AND MID-STATE SERVICE CO., APPEAL DISMISSED.
INC.
APPELLEES
JOSEPHINE LINKER HART, Associate Justice
Appellants T.Ricks, LLC, Rick Adams, and the Rick and Lanan Adams Living Trust
(Adams) have attempted to file an interlocutory appeal from an order of the White County
Circuit Court denying their motion to remove Robert Hudgins from his court-appointed
position of “Special Receiver.” However, because the transcript in this case was not timely
filed, we dismiss this appeal.
Adams asserts that an interlocutory appeal of the order entered on August 21, 2013,
denying his motion to remove the “Special Receiver” was proper pursuant to Rule 2(a)(7)
of the Arkansas Rules of Appellate Procedure–Civil. However, Rule 5(a) of the Arkansas
Rules of Appellate Procedure–Civil states that when “an appeal is taken from an
interlocutory order under Rule 2(a)(6) or (7), the record must be filed with the clerk of the
Supreme Court within thirty (30) days from the entry of such order.” Here the transcript
Cite as 2014 Ark. 269was not filed until October 3, 2013. Accordingly, we cannot consider Adams’s arguments
on appeal. U.S. Bank, N.A. v. Milburn, 352 Ark. 144, 100 S.W.3d 674 (2003). Timely
filing of a transcript is a jurisdictional question, and the failure to timely file deprives this
court of authority to hear the appeal. Palmer v. Evans, 256 Ark. 917, 511 S.W.2d 157(1974).
Appeal dismissed.
Special Justice LINDSEY J. FAIRLEY joins in this opinion.
HANNAH, C.J., not participating.
Cearly Law Firm, by: Robert M. Cearly, Jr.; Hyden, Miron & Foster, PLLC, by: James
W. Hyden; and Brian G. Brooks, Attorney at Law, PLLC, by: Brian G. Brooks, for appellants.
Dover, Dixon, Horne, PLLC, by: Thomas S. Stone and William C. Bird III, for
appellees.
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