FROM THE GARLAND COUNTY CIRCUIT COURT [NO. 26CV-18-1288],
HONORABLE LYNN WILLIAMS, JUDGE.
Applegate Firm, PLLC, Maumelle, by: Ryan J. Applegate, for
D. Jones, for appellee.
R. ABRAMSON, Judge
Motorcycle Repair, LLC (Java), appeals the Garland County
Circuit Court order dismissing its appeal of the judgment
entered in favor of Gary Barth by the Garland County District
Court. On appeal, Java argues that the circuit court erred in
finding that it untimely appealed the judgment. We agree and
reverse and remand.
December 4, 2017, Barth filed a complaint against Java in the
Garland County District Court alleging that Java had
negligently repaired his motorcycle. On April 27, 2018, the
district court held a trial and took the matter under
June 28, the district court sent an email to the parties. The
email states in part as follows:
Based upon the pleadings, testimony, and other evidence
presented, I find that Plaintiff Gary Barth is entitled to
judgment in his favor and an award of damages in the amount
$3,310.99, plus court costs.
email was not filed in the district court docket. On June 29,
the following entry was made in the district court docket:
CLERK NOTE - PER EMAIL FROM JUDGE SWITZER - DECISION IN FAVOR
OF PLAINTIFF - ATTY JONES TO PREPARE PRECEDENT FOR JUDGE TO
August 1, the district court entered a written judgment
against Java on the docket and awarded Barth $3,310 and court
costs. On August 10, Java filed a notice of appeal in the
district court, and on August 17, Java filed a certified copy
of the district court docket sheet with the circuit court
September 14, Barth filed a motion to dismiss the appeal in
the circuit court and asserted that Java had untimely
appealed to circuit court. Specifically, Barth argued that
Java had filed its appeal more than thirty days after the
June 29 docket entry awarding judgment to Barth. Java
responded that its appeal time did not begin to run on June
29 because the judgment amount was not docketed on that date.
On October ...