1
OPINION BELOW
The Arkansas Supreme Court’s order denying Petitioners’ “Protective Motion for Appellate Attorney’s
Fees and Expenses” (Pet. App. 1a-2a) is unreported.
------------------------------------------------------------------
JURISDICTION
The judgment of the Arkansas Supreme Court was
entered on January 4, 2018. The petition for a writ of
certiorari was filed on April 4, 2018. Petitioners assert
that this Court has jurisdiction under 28 U.S.C. 1257,
but as Respondent explains below, this case presents
no federal question for this Court to review.
------------------------------------------------------------------
INTRODUCTION
This unusual appeal stems from Petitioners’ state
law procedural default of their ability to seek appellate
attorney’s fees. Despite claiming at every juncture that
their motion for any attorney’s fees should have been
considered by the trial court, they filed their motion for
appellate fees in the Arkansas Supreme Court, filing
out of time even if that forum was proper. After that
motion was denied, Petitioners changed their position
and now argue that the Arkansas Supreme Court was
the appropriate court to consider their motion all
along.
The trial court later excoriated Petitioners’ counsel for what it described as a total unfamiliarity with