{
  "id": 1897002,
  "name": "Shelly VOYLES v. Danny VOYLES",
  "name_abbreviation": "Voyles v. Voyles",
  "decision_date": "1992-11-23",
  "docket_number": "92-1148",
  "first_page": "186",
  "last_page": "187",
  "citations": [
    {
      "type": "official",
      "cite": "311 Ark. 186"
    },
    {
      "type": "parallel",
      "cite": "842 S.W.2d 21"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "284 Ark. 33",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      ],
      "weight": 3,
      "year": 1984,
      "opinion_index": 0,
      "case_paths": [
        "/ark/284/0033-01"
      ]
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    {
      "cite": "281 Ark. 38",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1742276
      ],
      "weight": 2,
      "year": 1983,
      "opinion_index": 0,
      "case_paths": [
        "/ark/281/0038-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T21:22:33.473421+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Shelly VOYLES v. Danny VOYLES"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nIn this civil case, the appellant\u2019s tender of the transcript was denied by our clerk because the order extending the time to file the transcript was not entered within the ninety-day period. See Ark. R. App. P. 5(b).\nThe trial court signed the order within the ninety-day period, but it was not entered within that period. Rule 4(e) of the Arkansas Rules of Appellate Procedure provides that a final \u201corder is entered within the meaning of this rule when it is filed with the clerk of the court in which the claim was tried.\u201d (Emphasis supplied.)\nWe explained in Finley v. State, 281 Ark. 38, 661 S.W.2d 358 (1983) and Sullivan v. Wickliffe, 284 Ark. 33, 678 S.W.2d 771 (1984), that the critical factor in this type of case is when the order is entered, not when it is signed.\nIn this case the order was timely signed and filed with the judge, but not with the clerk of the court. A question has been raised about a possible conflict of the above quoted rule of appellate procedure with one of our rules of civil procedure. Ark. R. Civ. P. 5(d) provides:\nFiling with the Judge. The judge may permit papers or pleadings to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.\nWe addressed this issue in Sullivan v. Wickliffe, supra, and explained that an order cannot be deemed entered, or filed with the clerk, just because it is signed by the judge and it contains a recitation that it is filed, when in fact it is not filed with the clerk. If our rules were otherwise, the prevailing party could not discover by public record whether the case was ended.\nMotion for a rule on the clerk is denied.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Mike J. Etoch, for appellant.",
      "Fletcher Long, for appellee"
    ],
    "corrections": "",
    "head_matter": "Shelly VOYLES v. Danny VOYLES\n92-1148\n842 S.W.2d 21\nSupreme Court of Arkansas\nOpinion delivered November 23, 1992\nMike J. Etoch, for appellant.\nFletcher Long, for appellee"
  },
  "file_name": "0186-01",
  "first_page_order": 210,
  "last_page_order": 211
}