Phillips v. Jacobs Ex Rel. Jacobs

I readily agree that a litigant who fails to appeal within the time allowed under Rule 4(c) of the Arkansas Rules of Appellate Procedure, loses the right to appeal. That does not mean, however, that a trial court loses jurisdiction over its judgments after the lapse of the times designated under Rule 4. The trial courts have plenary power to modify or vacate a judgment, order or decree either on the motion of a party or on their own initiative for ninety days from the date the judgment is entered, and that power is inherent and historic. Its roots are deeply embedded in the common law. St.…