Whitney v. Chancellor

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The circuit court denied Whitney’s motion for reconsideration of an order that set a partial filing fee of $20 with respect to Whitney’s pro se civil complaint in tort against Chancellor. Whitney sought leave to file a brief on appeal that does not conform to the rules of the Supreme Court of Arkansas, which dismissed the appeal. The motion to file a nonconforming brief is moot. The order setting the initial filing fee was entered on October 24, 2017. Whitney did not file his request for reconsideration until March 28, 2018. The circuit court denied the request because it was not timely filed pursuant to Arkansas Rules of Civil Procedure Rule 60(a), which allows a party to file a motion asking the court to modify or vacate a judgment, order, or decree in a civil action to correct errors or mistakes or to prevent the miscarriage of justice within 90 days of the date the judgment, order, or decree was entered, unless the error was a clerical error that may be corrected at any time under Rule 60(b). Whitney did not ask for reconsideration of the October 24, 2017 order until 155 days after the order had been entered. View "Whitney v. Chancellor" on Justia Law