17 Petitioners separately asked the Arkansas Supreme Court to “transfer” consideration of their fee motion to the trial court if—as they argued—the motion should have been filed in the trial court in the first place. Pet. 7. However, neither the Arkansas Rules of Appellate Procedure nor the Rules of the Arkansas Supreme Court and Court of Appeals provide for the “transfer” of motions from an appellate court to the trial court. There is no basis under Arkansas law for a party to file a motion in the wrong court, while asking that court to correct the party’s procedural mistake. Moreover, by the time Petitioners’ fee motion and transfer motion were submitted to and decided by the Arkansas Supreme Court, Petitioners’ time to file a fee motion in the correct court—the trial court—had already run. Petitioners’ fee motion was accordingly properly denied. The trial court subsequently agreed, noting that “[t]he actions of [Petitioners’] counsel indicate that she is totally unfamiliar with the Rules of Civil Procedure and the Rules of Appellate Procedure relating to procedural matters involving the award of attorney’s fees.” Supp. App. 21. “It facially appears that the [Petitioners’] request at the appellate level was denied because it was procedurally improper, that all of the requested fees and costs should have been submitted to this court for a factual determination, and that . . . the [Petitioners] have forfeited their ability to request the award of any additional fees or costs by not properly and timely submitting them to this court for adjudication.” Supp. App. 26.

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