598 S.W.3d 67
Ark. Ct. App.2020Background
- Plaintiffs/appellees Danny and Charlotte Jewell sued Danny and Tami Lewis for default on two promissory notes; Lewis defendants counterclaimed and filed third‑party claims (including against Chandler Insurance Agency).
- Chandler counterclaimed against the Lewises for breach of fiduciary duty and fraudulent concealment.
- After jury trial, final judgment (filed Jan. 15, 2019) awarded the Jewells $21,288.86 plus $4,933.26 in fees; awarded Chandler $48,510 for “fraudulent breach of fiduciary duty” plus $38,264.87 in fees and $7,500 for postjudgment/appellate fees.
- Appellants filed a timely motion to correct/amend the judgment (Jan. 21, within 10 days), seeking to remove the word “fraudulent” and to strike Chandler’s attorney’s‑fee award.
- Because the trial court did not act within 30 days, the motion was deemed denied by operation of law on Feb. 20; appellants’ notice of appeal was therefore due by Mar. 22 but was filed Mar. 27.
- The Arkansas Court of Appeals dismissed the appeal for lack of jurisdiction based on the untimely notice of appeal; it did not reach the merits of the substantive arguments.
Issues
| Issue | Plaintiff's Argument (Lewises) | Defendant's Argument (Appellees) | Held |
|---|---|---|---|
| Whether the trial court erred by denying motion to amend judgment to remove the word “fraudulent” | Judgment’s language (“fraudulent”) conflicts with jury verdict; move to amend under Ark. R. Civ. P. 52(b) should be granted | Chandler and Jewells argued judgment should stand and fees remain | Appeal dismissed for lack of jurisdiction due to untimely notice of appeal; court did not decide the substantive amendment issue |
| Whether attorney’s fees awarded on the breach‑of‑fiduciary‑duty claim are legally authorized | Fees on that claim should be struck | Appellees: prevailing party entitled to fees; award valid | Not reached—appeal dismissed for lack of jurisdiction |
Key Cases Cited
- Ellis v. Ark. State Hwy. Comm’n, 2010 Ark. 196, 363 S.W.3d 321 (Ark. 2010) (a late notice of appeal deprives appellate court of jurisdiction)
- Worsham v. Day, 2017 Ark. 192, 519 S.W.3d 699 (Ark. 2017) (timeliness and effectiveness of notice of appeal are jurisdictional)
- Murchison v. Safeco Ins. Co. of Ill., 367 Ark. 166, 238 S.W.3d 11 (Ark. 2006) (trial court loses jurisdiction to act on a motion filed within ten days if it does not rule within thirty days)
- Williams v. Hudson, 320 Ark. 635, 898 S.W.2d 465 (Ark. 1995) (motion deemed denied by operation of law starts appellate‑notice clock; later trial‑court action is ineffective)