Supreme Court of Arkansas, 1989

Knight v. Allstate Insurance

Knight v. Allstate Insurance
Supreme Court of Arkansas · Decided October 16, 1989 · Purtle
300 Ark. 203; 779 S.W.2d 138; 1989 Ark. LEXIS 598

Knight v. Allstate Insurance

Opinion of the Court

Per Curiam.

Motion for rule on the clerk to lodge transcript is denied.

Purtle, J., concurs.

Concurring Opinion

John I. Purtle, Justice,

concurring. The opinions of this court have, for the past several years, reflected the contention of the petitioner for a rule on the clerk. A timely post-judgment motion was filed. It was taken under consideration, following a hearing, within 30 days from the time it was filed, but the judgment was entered more than 30 days after the motion had been filed.

The 1988 Amendment to Rule 4(c), A.R.C.P., deleted the language which formerly provided that if the motion for post-judgment relief was taken under consideration or set for a hearing within 30 days from the filing of such motion, the time for filing notice of appeal was tolled until the trial court rendered an opinion.

All lawyers should be aware of the change in the appellate procedure. Prior opinions are misleading on this issue.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.