7
Systems, Inc.2—the case Petitioners now argue stands
for the position that their motion for appellate fees was
properly filed in the Arkansas Supreme Court—“is inapposite” because the appellate court in that case “remanded the case solely for enforcement of the trial
court’s pre-existing judgment.” Supp. App. 16 (emphasis omitted). Petitioners argued that, because the Arkansas Supreme Court “remanded the case for entry of
a new final judgment consistent with” this Court’s
mandate, the trial court should consider attorney’s fees
in the first instance. Supp. App. 16 (emphasis added).
Petitioners’ fee and transfer motions were submitted
on December 14, 2017. See Docket Sheet, Ark. S. Ct.,
No. CV-15-988. Both motions were denied without comment on January 4, 2018. Pet. App. 2a.
4. Proceedings in the Trial Court on Remand. On
January 8, 2018, Petitioners filed a supplemental motion in the trial court, seeking fees for an additional
106.75 hours of time Petitioners’ counsel claimed to
have expended in the case before the trial court. Pls.’
Supp. Mot. for Att. Fees and Costs Incurred in the
Cir. Ct., Pulaski Cty., Ark. Cir. Ct., No. 60CV-15-3153
(Jan. 8, 2018). Petitioners did not request any fees for
appellate work “[d]ue to the Arkansas Supreme
Court’s ruling . . . denying [Petitioners’] request for appellate attorney fees and motion to transfer the issue
of appellate fees” to the trial court. Id. ¶ 5.
2
810 S.W.2d 46 (Ark. Ct. App. 1991), aff ’d, 817 S.W.2d 876
(Ark. 1991).