ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN MAUZY PITTMAN, JUDGE

DIVISION III

DONNA GREEN

APPELLANT

V.

PINE BLUFF CIVIL SERVICE COMMISSION

APPELLEE

CA01-1357

August 28, 2002

APPEAL FROM THE JEFFERSON COUNTY CIRCUIT COURT

[NO. CIV-2001-182-1]

HON. BERLIN C. JONES,

JUDGE

AFFIRMED

The appellant appealed a decision of the Pine Bluff Civil Service Commission to circuit court. The circuit judge dismissed the appeal because appellant did not file the record within thirty days of the entry of the judgment. This appeal followed.

Appellant argues that the circuit court's dismissal should be reversed because she ordered the record in a timely fashion but the commission secretary did not prepare the record within thirty days of the judgment. We find no error, and we affirm.

Appeals from final actions taken by administrative agencies may be taken to circuit court and must be filed in the manner provided for under Rule 9 of the Arkansas Inferior Court Rules. Pierce Addition Homeowners Association, Inc. v. City of Vilonia, 76 Ark. App. 393, 65 S.W.3d 485 (2002). Rule 9 provides, in pertinent part, that:

(a) Time for Taking Appeal. All appeals in civil cases from inferior courts to circuit court must be filed in the office of the clerk of the particular circuit court having jurisdiction of the appeal within thirty (30) days from the date of the entry of the judgment.

(b) How Taken. An appeal from an inferior court to the circuit court shall be taken by filing a record of the proceedings had in the inferior court. It shall be the duty of the clerk to prepare and certify such record when requested by the appellant and upon payment of any fees authorized by law therefor. The appellant shall have the responsibility of filing such record in the office of the circuit clerk.

(c) When the clerk of the inferior court, or the court in the absence of a clerk, neglects or refuses to prepare and certify a record for filing in the circuit court, the person desiring an appeal may perfect his appeal on or before the 30th day from the date of the entry of the judgment in the inferior court by filing an affidavit in the office of the circuit court clerk showing that he has requested the clerk of the inferior court (or the inferior court) to prepare and certify the records thereof for purposes of appeal and that the clerk (or the court) has neglected to prepare and certify such record for purposes of appeal. A copy of such affidavit shall be promptly served upon the clerk of the inferior court (or the court) and the adverse party.

Appellant's argument in the present case is without merit because she neither filed the record within thirty days of the entry of judgment, nor filed an affidavit pursuant to Inferior Court Rule 9(c) stating that the secretary refused or neglected to prepare and certify the record for filing. The thirty-day appeal requirement is mandatory and jurisdictional, and an appeal must be dismissed where the appellant has filed neither the record nor an affidavit showing that the clerk refused or neglected to prepare the record within the thirty-day period. Board of Zoning Adjustment v. Cheek, 328 Ark. 18, 942 S.W.2d 821 (1997); Pierce Addition Homeowners Association, Inc., supra. Consequently, the circuit court properly dismissed appellant's appeal, and we affirm that decision.

Affirmed.

Robbins and Baker, JJ., agree.