§ 16-67-321 - Appeals taken for delay. - Arkansas Statutes

16-67-321. Appeals taken for delay.

(a) (1) Where an appeal or a writ of error, with a supersedeas, has been taken merely for delay, the appellee may at any time move the court to affirm the judgment or order as a delay case.

(2) Before making the motion to affirm the judgment or order as a delay case, the appellee or his or her counsel shall endorse on the record in substance that he or she has carefully examined the record and believes the appeal or writ of error is prosecuted for delay merely.

(b) Upon the filing of the motion to affirm the judgment or order as a delay case, the court shall examine the record and, if it finds no error in the proceedings and believes the appeal or writ of error was prosecuted merely for delay, shall affirm the judgment or order.

(c) The appellee may, in open court, confess error at any time, whereupon the case shall be reversed and remanded to the court from which the appeal or writ of error was taken.