Opinion
Delivered July 10, 1995
The issue to be addressed by these proposed rule changes is the effect of filing a notice of appeal on the same day as the judgment, decree, or order appealed from but prior to the entry of that judgment, decree, or order. We have also included the rule changes in the Revised Rules of Appellate Procedure, adopted this date and effective January 1, 1996. The rule changes set out in this per curiam order, however, are effective immediately. The rule changes would permit a notice of appeal filed on the same day as a judgment, although prior in time, to be effective. Under the rules as they existed before these changes, a notice filed before entry of judgment is ineffective. See Lawrence Bros., Inc. v. R.J. "Bob" Jones Excavating Contractor, Inc., 318 Ark. 328, 884 S.W.2d 620 (1994) (per curiam); Kelly v. Kelly, 310 Ark. 244, 835 S.W.2d 869 (1992); see also Ark. R. Crim. P. 36.9(b).
We adopt the following rule changes, effective immediately.
Rule 4 of the Rules of Appellate Procedure is amended by the addition of the following subparagraph (f):
(f) A notice of appeal filed on the same day as the judgment, decree, or order appealed from shall be effective.
Rule 36.9(b) of the Rules of Criminal Procedure is amended to read as follows:
(b) A notice of appeal is invalid if filed at any time prior to the day that the judgment or order appealed from is entered or prior to the day that a post-trial motion is deemed denied. If a notice of appeal is filed on the same day that the judgment or order appealed from is entered or on the day that a post-trial motion is deemed denied, the notice of appeal shall be effective.