Supreme Court of Arkansas

Robin M. Emis, Appellant v. Keith W. Emis, Appellee

February 23, 20172017 Ark. LEXIS 47

Summary

The Supreme Court of Arkansas held that Robin Emis’s notice of appeal substantially complied with the applicable appellate rule even though it identified the earlier findings-and-conclusions order rather than the later final custody order. Because the notice was timely as to the final order and the appellee suffered no prejudice, the court held that the defect did not eliminate appellate jurisdiction and remanded for consideration of the merits. Justice Wood dissented, arguing that the notice identified a superseded, nonfinal order and that the appeal should have been dismissed.