Calaway v. Dickson

Summary

The Supreme Court of Arkansas ordered rebriefing in an appeal concerning the denial of Rule 11 sanctions. The court held that the appellant's abstract was deficient because it omitted the hearing transcript and improperly placed it in the addendum, and directed the appellant to file a compliant substituted brief within fifteen days.

Holdings

1. An appellant must place the abstract of transcript testimony and court-counsel colloquies in the abstract and include the required orders and other essential materials in the addendum; placing the hearing transcript itself in the addendum does not satisfy the rule.
2. When an appellant's abstract or addendum is deficient such that the court cannot reach the merits, the court may allow the appellant fifteen days to file a substituted abstract, addendum, and brief; failure to cure may result in affirmance for noncompliance.

Questions Presented

1. Whether the appellant's abstract and addendum complied with Arkansas Supreme Court Rule 4-2.
2. What remedy was appropriate when briefing deficiencies prevented the Supreme Court from reaching the merits of the appeal.

Disposition

other