Evangelical Lutheran Good Samaritan Society v. Kolesar, 2013 Ark. App. 723

Appellee Robert Kolesar sued for medical-malpractice damages arising from his wife Vera Kolesar's nursing-home care; an arbitration agreement was signed by appellee in the wife’s admissions packet on April 15, 2009.
Vera Kolesar resided at the Good Samaritan nursing home from March to December 2009.
The case was filed December 2, 2010 in Saline County and removed to federal court, then remanded for lack of complete diversity.
Appellants movEd to compel arbitration on May 19, 2011, asserting the wife had signed a binding arbitration agreement via appellee.
An evidentiary hearing was held; on May 21, 2012 the circuit court denied the motion to compel arbitration.
Appellants’ motion for findings of fact and conclusions of law was deemed denied on June 28, 2012; appellants filed their notice of appeal July 20, 2012, leading to dismissal for lack of appellate jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal was timely or properly before this court.	Kolesar argued timing extended by Rule 4 and Rule 52(b) motion.	Appellants argued timely timely notice remained after 52(a) motion extended time.	Appeal dismissed for lack of jurisdiction; Rule 52(a) cannot extend time for filing appeal.

Ark. Dep't of Human Servs. v. Dix, 94 Ark. App. 139, 227 S.W.3d 456 (2006) (Rule 52(a) motion affects findings but does not toll appeal time; 52(b) not applicable here)
Farm Bureau Mut. Ins. Co. v. Running M Farms, Inc., 348 Ark. 313, 72 S.W.3d 502 (2002) (court must consider whether appeal notice is effective)
Haase v. Starnes, 337 Ark. 193, 987 S.W.2d 704 (1999) (jurisdictional notice issues reviewed by appellate court)
Lindsey v. Green, 2010 Ark. 118, 369 S.W.3d 1 (2010) (controls when appellate jurisdiction is lacking)
BPS, Inc. v. Richardson, 341 Ark. 834, 20 S.W.3d 403 (2000) (Rule 52 timing distinctions clarified)