BOBBY H. WEATHERFORD ET AL., APPELLANTS
ARKANSAS RECLAMATION CO., LLC, ET AL., APPELLEES
APPEAL FROM THE WHITE COUNTY CIRCUIT COURT [NO. CV-2009-241] HONORABLE TOM HUGHES, JUDGE
Lightle, Raney, Streit & Streit, LLP, by: Susannah Streit, for appellants.
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., by: Alex T. Gray and Brian A. Pipkin, for appellee.
Separate appellee Arkansas Reclamation Co., LLC, has filed a motion to dismiss appellants' appeal, alleging that the trial court erroneously extended the time for appellants to file their record in this court. We deny the motion to dismiss at this time and instead grant appellee's alternative request that the matter be remanded to the trial court.
Appellants filed their notice of appeal in this case on May 9, 2014. Therefore, absent an order from the trial court extending the time, the record was due to be filed in this court on or before August 7, 2014. Ark. R. App. P.–Civ. 5(a). On August 4, appellants moved the trial court to extend the time to lodge the record. On August 6, the trial court entered an order granting the motion. Appellee takes issue with both the contents of the court's order and the circumstances underlying it.
Arkansas Rule of Appellate Procedure–Civil 5(b)(1) provides as follows:
(b) Extension of time.
(1) If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit court, by order entered before expiration of the period prescribed by subdivision (a) of this rule or a prior extension order, may extend the time for filing the record only if it makes the following findings:
(A) The appellant has filed a motion explaining the reasons for the requested extension and served the motion on all counsel of record;
(B) The time to file the record on appeal has not yet expired;
(C) All parties have had the opportunity to be heard on the motion, either at a hearing or by responding in writing;
(D) The appellant, in compliance with Rule 6(b), has timely ordered the stenographically reported material from the court reporter and made any financial ...