ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN E. JENNINGS, JUDGE

DIVISION IV

CA 00-1137

June 20, 2001

JACK L. CARTER

APPELLANT APPEAL FROM BAXTER COUNTY

CIRCUIT COURT

VS.

HONORABLE ROBERT W. MCCORKINDALE

CIRCUIT JUDGE

LAKELAND INDUSTRIES, INC.

APPELLEE APPEAL DISMISSED

This is an appeal from an order of summary judgment dismissing appellant's complaint against appellee with prejudice. On appeal, appellant contends that the trial court erred in granting summary judgment because there remained disputed issues of material fact to be resolved and that the trial court erred by failing to specify the basis upon which summary judgment was granted. Because the notice of appeal was untimely, we dismiss the appeal.

The order of summary judgment in this case was filed on Monday, June 5, 2000. As there were no posttrial motions filed, Rule 4(a) of the Arkansas Rules of Appellate Procedure - Civil provides that the notice of appeal shall be filed within thirty days from the date the judgment was entered. The notice of appeal was thus due on Wednesday, July 5, 2000. However, the notice of appeal was not filed until Friday, July 7. It was clearly untimely.

The timely filing of a notice of appeal is, and always has been, jurisdictional. Hawkins v. State Farm Fire & Casualty Co., 302 Ark. 582, 792 S.W.2d 307 (1990). Whether the question is raised by the parties or not, we have a duty to determine whether we have subject matter jurisdiction. Id. Because the notice of appeal was not filed within thirty days from the order of summary judgment, the appeal must be dismissed.

Appeal dismissed.

Stroud, C.J., and Pittman, J., agree.