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Petitioners failed to comply with Arkansas procedural rules and timely file their motion for appellate
fees in the trial court. Petitioners thus forfeited their
ability to seek those fees under state law, and the Arkansas Supreme Court was within its authority to
deny Petitioners’ motion without comment. See Norman, 66 S.W.3d at 640. Because Petitioners’ procedural
default is an adequate and independent state law
ground for the denial of Petitioners’ fee motion, this
Court lacks jurisdiction to review that denial. The Petition should be denied.
B. If Petitioners were required to file their
motion for appellate fees in the Arkansas Supreme Court, they did so nineteen
days late and forfeited any ability to
seek those fees.
Petitioners have taken the position before this
Court—contrary to what they argued below—that
their motion for appellate fees was properly filed in the
Arkansas Supreme Court. Pet. at 13. Petitioners assert
that Rule 54(e), which provides that a motion for attorney’s fees must be filed “no later than 14 days after the
entry of judgment” (ARK. R. CIV. P. 54(e)(2)), governs
the timing of their appellate fee motion. Pet. at 13. Petitioners argue that their motion was timely because it
was filed on November 21, 2017, fourteen days after
the Arkansas Supreme Court’s mandate issued. Id.
But Petitioners are mistaken. Assuming Petitioners
were required to file their appellate fees motion in the
Arkansas Supreme Court in the time period provided