{
  "id": 1155485,
  "name": "Jay ABRAMSON v. Michelle ELDRIDGE",
  "name_abbreviation": "Abramson v. Eldridge",
  "decision_date": "2003-05-22",
  "docket_number": "03-450",
  "first_page": "354",
  "last_page": "356",
  "citations": [
    {
      "type": "official",
      "cite": "353 Ark. 354"
    },
    {
      "type": "parallel",
      "cite": "107 S.W.3d 171"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "330 Ark. 762",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        298607
      ],
      "weight": 2,
      "year": 1997,
      "opinion_index": 0,
      "case_paths": [
        "/ark/330/0762-01"
      ]
    },
    {
      "cite": "100 S.W.3d 674",
      "category": "reporters:state_regional",
      "reporter": "S.W.3d",
      "case_ids": [
        1159722
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/352/0144-01"
      ]
    },
    {
      "cite": "352 Ark. 155",
      "category": "reporters:state",
      "reporter": "Ark.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "char_count": 3155,
    "ocr_confidence": 0.74,
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    "sha256": "9fc26248893af4e3ff7bb27641527f8c536fcc579641a288c0f136c47a09c277",
    "simhash": "1:a52b41e3027bed44",
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  "last_updated": "2023-07-14T16:12:52.629354+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Corbin, J., not participating."
    ],
    "parties": [
      "Jay ABRAMSON v. Michelle ELDRIDGE"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nMichelle Eldridge petitioned the Circuit Court of Arkansas County for an order of protection against appellant Jay Abramson on July 11, 2001. An amended petition filed on July 16, 2001, asked for attorney\u2019s fees, filing fees, and costs. The court filed a temporary order of protection and filed a final order on December 16, 2002. Abramson was fined $250.00 and sentenced to thirty days in jail, with the jail sentence suspended upon condition of absolutely no contact with Ms. Eldridge. The order was effective for two years from the date of its issuance. The court left the record open in the case for ten days so that Eldridge could submit authority for the proposition of allowing attorney\u2019s fees in domestic-abuse cases. On December 30, 2002, the court ordered Abramson to pay attorney\u2019s fees in the amount of $9,015.89, with interest at 10% per annum, along with filing fees and court costs. Abramson filed a notice of appeal on January 16, 2003, from both the December 16, 2002, and the December 30, 2002 orders. This was thirty-one days from the first order.\nOn April 16, 2003, Abramson tendered a petition for writ of certiorari asking this court to order the Arkansas County Circuit Clerk to prepare a complete transcript. The supreme court clerk wrote a letter to Abramson refusing to file the petition on the grounds that a notice of appeal was not filed. Abramson contends that this is error because it disregards \u201cthe fact that the December 30, 2003, order was an award of attorney\u2019s fees, which is a separate issue.\u201d U. S. Bank v. Milburn, 352 Ark. 155-A, 100 S.W.3d 674. Eldridge did not respond.\nRule 4 of the Appellate Rules of Civil Procedure states that, absent a 4(b) exception, a notice of appeal shall be filed within thirty days of the entry of the order appealed from. The exception, listed in Rule 4(b), is that the notice of appeal shall be filed within thirty days from the entry of the order disposing of the last motion outstanding. The rule lists such motions as a motion for JNOV, a motion to amend the court\u2019s findings of fact or to make additional findings, a motion for new trial, or any other motion to vacate, alter, or amend the judgment made no later than ten days after entry of judgment. In this case, the request for attorney\u2019s fees was made at the same time as the motion for a protective order; it was not a post-trial motion and, therefore, Rule 4(b) does not apply.\nWhile the notice of appeal was not filed timely for the December 16, 2002, order, it was filed timely for the December 30, 2002, order regarding attorney\u2019s fees. There were no references to the December 16 order in the December 30 order, so it is not necessary to review the December 16 order in determining the propriety of the December 30 order. Criswell v. Holiday, 330 Ark. 762, 957 S.W.2d 181 (1997). The writ of certiorari is granted with specific instructions that the court would only review the correctness of the attorney\u2019s fees.\nCorbin, J., not participating.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Gregory E. Bryant, for appellant.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "Jay ABRAMSON v. Michelle ELDRIDGE\n03-450\n107 S.W.3d 171\nSupreme Court of Arkansas\nOpinion delivered May 22, 2003\nGregory E. Bryant, for appellant.\nNo response."
  },
  "file_name": "0354-01",
  "first_page_order": 378,
  "last_page_order": 380
}