{
  "id": 1869722,
  "name": "Melvin PHILLIPS v. Joe LaVALLE",
  "name_abbreviation": "Phillips v. LaValle",
  "decision_date": "1987-10-19",
  "docket_number": "CA 86-159",
  "first_page": "364",
  "last_page": "365",
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      "cite": "293 Ark. 364"
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      "cite": "737 S.W.2d 652"
    }
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    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name": "Ark."
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      "year": 1986,
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      "cite": "291 Ark. 558",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      "weight": 2,
      "year": 1987,
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  "last_updated": "2023-07-14T18:33:58.592079+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Hays, J., not participating. Hickman and Newbern, JJ., would grant."
    ],
    "parties": [
      "Melvin PHILLIPS v. Joe LaVALLE"
    ],
    "opinions": [
      {
        "text": "Tom Glaze, Justice.\nThe court of appeals certified this case to us pursuant to Rule 29(1) (c) because it involves the interpretation or construction of Rule 3(e) of the Rules of Appellate Procedure. The court of appeals earlier had reversed the trial court\u2019s order granting appellee\u2019s, Joe LaValle\u2019s, timely notice of appeal and designation of record because Phillips failed to specifically state in the notice that the transcript had been ordered from the court reporter, as is provided in Rule 3(e). The court of appeals, relying on Venhaus v. Pulaski County Quorum Court, 291 Ark. 558, 726 S.W.2d 668 (1987) and Johnson v. Carpenter, 290 Ark. 255, 718 S.W.2d 434 (1986), reversed the trial court\u2019s order, holding the court had no power to dismiss an appeal. LaValle, still claiming Phillips\u2019s failure to comply with Rule 3(e), then filed his motion to dismiss with the court of appeals. Upon that court\u2019s certification, we are now called on to rule on LaValle\u2019s motion. We deny it.\nPhillips timely filed his notice of appeal on January 30, 1986, but the notice failed to mention the ordering of the transcript. Nonetheless, Phillips did order the transcript on February 12,1986, thirteen days after filing his notice of appeal. The court reporter later informed Phillips\u2019s counsel that she could not start on the transcript before March 1986. Clearly, Phillips\u2019s counsel acted promptly in ordering the transcript and his failure to mention he had ordered it in his notice of appeal in no way delayed this proceeding or in any way frustrated the purpose of Rule 3(e). Our decision in Wise v. Barron, 280 Ark. 202, 655 S.W.2d 446 (1983) controls the situation posed here and dictates the court\u2019s decision, denying LaValle\u2019s motion to dismiss. See also Johnson v. Carpenter, supra.\nHays, J., not participating. Hickman and Newbern, JJ., would grant.",
        "type": "majority",
        "author": "Tom Glaze, Justice."
      }
    ],
    "attorneys": [
      "Richard McMillan, for appellant.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "Melvin PHILLIPS v. Joe LaVALLE\nCA 86-159\n737 S.W.2d 652\nSupreme Court of Arkansas\nOpinion delivered October 19, 1987\nRichard McMillan, for appellant.\nNo response."
  },
  "file_name": "0364-01",
  "first_page_order": 400,
  "last_page_order": 401
}