§ 16-67-320 - Motion to dismiss. - Arkansas Statutes

16-67-320. Motion to dismiss.

(a) Where the appeal or writ of error was improperly granted or the appellant's right of further prosecuting the appeal or writ of error has ceased, the appellee, in lieu of pleading, may move the court to dismiss the appeal or writ of error.

(b) The grounds of the motion to dismiss shall be stated in writing, signed by the appellee or his or her counsel, and, if not appearing on the face of the record or by a writing purporting to have been signed by the appellant and filed, shall be verified by affidavit.

(c) The motion shall not be heard or determined before the day on which the appeal or writ of error is set for trial on the docket, unless the appellant consents thereto.

(d) The appellee may by answer filed and verified by himself or herself, or agent or attorney, plead any fact or facts which renders the granting of the appeal or writ of error improper or destroys the appellant's right of further prosecuting the appeal or writ of error; to which answer, the appellant shall file a reply, likewise verified by the affidavit of himself or herself, agent, or attorney. The questions of law or fact thereon shall be determined by the court.