Sullivan v. Wickliffe

In this civil case, the appellant’s tender of the transcript was denied by our clerk because the order of extension beyond 90 days from the filing of the notice of appeal was not entered within the 90 day period. Ark. R. App. P. 5 (b).

The trial judge signed the order within the 90 day period, on the 89th day. However, it was not entered and filed with the circuit clerk’s office until the 91st day.

We explained in Finley v. State, 281 Ark. 38, 661 S.W.2d 358 (1983), that the critical factor in such cases is when the order is entered, not signed. A question has been raised about our decision in…