Kelly v. Ford

Appellant, Andre Kelly, appearing pro Se, has filed a motion for rule on clerk to file his record and have his appeal docketed. The clerk refused to accept the record. The record before us does not show strict compliance with Arkansas Rule of Appellate Procedure &emdash; Civil 5(b)(1)(C), as all parties have not had an opportunity to be heard on appellant’s motion to extend the time for filing the transcript.

We have held that Rule 5(b)(1) applies to both civil and criminal cases for the determination of the timeliness of a record on appeal. See Lancaster v. Carter, 372 Ark. 181, 271 S.W.3d…