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PRICE v. PRICE

5/18/2000

the conflicting court rule's primary purpose and effectiveness are not compromised; otherwise, our rules remain supreme."


An exception to the foregoing rule exists when the statutory rule is based upon a fixed public policy which has been legislatively or constitutionally adopted and has as its basis something other than court administration. See Citizens for a Safer Carroll County v. Epley, 338 Ark. 61, 991 S.W.2d 562 (1999) (where the General Assembly's statute required a shorter appeal time than the court's procedural rule, the court held the statute controlling
because it was based on the strong public policy that local option election matters should be advanced).


As generally discussed above, this court has recognized that Rule 58 is a matter pertaining to court administration whereby it provides a definite point at which a judgment becomes effective. Establishing that point to be the moment at which the court's written precedent is filed can eliminate or at least reduce disputes between litigants over what a trial court's oral decision in open court entailed. Such disputes inevitably delay the filing of appeals, which is at odds with this court's procedural objective of moving appeals expeditiously. Cf. Alexander v. Beaumont, 275 Ark. 357, 629 S.W.2d 300 (1982).


In conclusion, we hold that Rule 58, not ยง 16-65-121, controls the facts in this case and that the rule effectively supercedes that statute. Therefore, we affirm the lower court's decision.




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