Tidwell v. Rosenbaum
2017 Ark. App. 490
| Ark. Ct. App. | 2017Background
- Parties: Ronald Shelton Tidwell (appellant) and Lauren Madison Rosenbaum (appellee) in a custody/child-support dispute.
- Circuit court entered a custody and child-support order on September 19, 2016.
- Appellant filed a combined motion to vacate and motion for a new trial on September 21, 2016.
- Under Ark. R. App. P.–Civ. 4(b)(1), a motion not acted on within 30 days is deemed denied by operation of law; here that deemed denial occurred on October 21, 2016.
- The circuit court nonetheless entered an order denying the motion on October 27, 2016, after it had lost jurisdiction to act.
- Appellant filed a notice of appeal on November 21, 2016, which designated the “order refusing new trial” but did not reference the deemed denial date.
Issues
| Issue | Plaintiff's Argument (Tidwell) | Defendant's Argument (Rosenbaum) | Held |
|---|---|---|---|
| Whether the circuit court erred by interpreting the agreed order as granting appellee sole custody | Tidwell contends the court misinterpreted the agreed order and granted sole custody to Rosenbaum in error | Rosenbaum relies on the circuit-court order as entered | Dismissed for lack of appellate jurisdiction because the trial court lacked jurisdiction to enter the October 27 order and the notice of appeal did not reference the deemed denial |
| Whether the appeal is properly before the court given Rule 4(b)(1) deemed-denial and the notice of appeal’s designation | Tidwell contends he appealed the denial of his motion for a new trial | Rosenbaum contends the circuit court’s October 27 order is the appealed order | Court finds the motion was deemed denied on Oct. 21, the trial court lost jurisdiction thereafter, and the notice did not substantially comply by referencing the deemed denial—court lacks jurisdiction |
Key Cases Cited
- Murchison v. Safeco Ins. Co. of Illinois, 367 Ark. 166 (Ark. 2006) (trial court loses jurisdiction to act after Rule 4(b)(1) thirty-day period expires)
- Lindsay v. Green, 2010 Ark. 118 (Ark. 2010) (orders not mentioned in the notice of appeal are generally not properly before the appellate court)