5 3. Proceedings in the Arkansas Supreme Court Regarding Appellate Fees. On November 2, 2017, Petitioners filed a motion asking the Arkansas Supreme Court to “clarify when issuing its mandate that the [trial] court may consider on remand, in the first instance, all appellate fees and expenses.” Supp. App. 2. Petitioners argued that Respondent’s suggestion from nearly two years prior—that appellate fees should be awarded by the appellate court—was incorrect. Supp. App. 2. Instead, Petitioners argued, “the [trial] court should consider awarding appellate fees and costs after entry of th[e] judgment.” Supp. App. 2. Petitioners’ motion for clarification was not submitted for consideration until November 9, 2017, see Docket Sheet, Ark. S. Ct., No. CV-15-988. Consequently, it is not at all clear that the Arkansas Supreme Court considered Petitioners’ motion for clarification prior to issuing its remand mandate on November 7, 2017. Subsequently, on November 21, 2017, Petitioners filed what they styled a “Protective Motion for Appellate Attorney’s Fees and Expenses” in the Arkansas Supreme Court, requesting approximately $220,000 in fees and $6,000 in expenses. Petitioners took the position that there is no “rule requiring fee motions” to be submitted to the Arkansas Supreme Court “within a particular time[,]” yet also noted that Arkansas Rule of Civil Procedure 54(e)(2) “provides that a motion for attorney’s fees must be filed no later than 14 days after entry of judgment.” Supp. App. 6. At the same time, Petitioners filed a motion to “transfer” their fee motion to the trial court for consideration. Supp. App. 7.

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