Byrer v. Colvard

Appellant John Byrer filed a motion for rule on clerk seeking an order of this court directing the Arkansas Supreme Court Clerk to accept his record for filing. Appellant tendered the record on January 28, 2008, under an extension of time granted by the circuit court on November 27, 2007. The clerk refused to file the record because the extension order did not comply with Ark. R. App. P.-Civ. 5(b)(1).

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 Harrison v. State, 369 Ark. 518, 256 S.W.3d 482 (2007)…