Francis v. Protective Life Insurance
Court of Appeals of Arkansas
1DissentJohn Mauzy Pittman, Chief Judge
A timely notice of appeal is a jurisdictional requirement. See Stacks v. Marks, 354 Ark. 594, 127 S.W.3d 483 (2003). Because I do not believe that this court has jurisdiction, I respectfully dissent from the majority’s opinion holding otherwise.
The majority holds that the judgment filed by facsimile on November 3 was ineffectual because no “hard copy” of the judgment was ever filed. That cannot be the law. Although it is true that Administrative Order No. 2 uses the term “shall,” it does not specifically provide any sanction for failure to file the “hard copy.” The reporter’s notes to the…
2Cases cited6 opinions
- Luckes v. LuckesSupreme Court of Arkansas · 1978
- Stacks v. MarksSupreme Court of Arkansas · 2003
- Holt Bonding Co., Inc. v. StateSupreme Court of Arkansas · 2003
- Southern Farm Bureau Cas. Ins. v. RobinsonSupreme Court of Arkansas · 1964
- Kindiger v. HuffmanSupreme Court of Arkansas · 1991
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