Summary
holding Court lacked jurisdiction after mandate was filed in the Trial Court to consider motion for clarification of the judgment
Summary of this case from Jones v. JonesOpinion
No. 5-1280
Opinion delivered January 20, 1958.
APPEAL ERROR — JURISDICTION OF APPELLATE COURT AFTER FILING OF MANDATE IN LOWER COURT. — After a mandate in an opinion is filed in the trial court, the Supreme Court loses jurisdiction even to clarify its opinion.
Appeal from Pulaski Chancery Court, First Division; Sam Rorex, Chancellor; motion for clarification of judgment denied.
The motion for clarification of the judgment is denied. The opinion in this case was delivered June 24, 1957, and petition for rehearing was denied September 30, 1957. See Brimson v. Brimson, 227 Ark. 1045, 304 S.W.2d 935.
We issued our mandate on October 2, 1957, and it was filed in the trial court. There, some question arose as to our opinion; and, the appellee then filed in the Supreme Court the present "motion to clarify judgment." When the mandate was filed in the trial court the Supreme Court lost jurisdiction. American Co. v. Wheeler, 183 Ark. 550, 36 S.W.2d 965.