Hausman v. Throesch

The majority interprets the phrase “if the court neither grants nor denies the motion within 30 days of the date on which it is filed or treated as filed, it shall be deemed denied as of the 30th day” to require a trial court to memorialize its action in writing and file an order of record or lose its jurisdiction. This language appears in Rule 52(b) of the Arkansas Rules of Civil Procedure addressing the amendment of findings and the judgment and in Arkansas Rule of Appellate Procedure-Civil 4(b)(1) regarding the extension of time for filing a notice of appeal. The plain language of the rule…