Heard v. Regions Bank

Summary

The Supreme Court of Arkansas considered an appeal involving the denial of a continuance, approval of a guardianship final accounting, and closure of the guardianship matter. The court remanded the case to settle an incomplete record and ordered the appellant to supplement the Addendum with omitted pleadings and other relevant materials.

Holdings

1. When the appellate record and Addendum omit material pleadings necessary to evaluate the appellant's arguments, the appellate court may sua sponte remand to the trial court to settle the record and require supplementation rather than dismissing the appeal immediately.
2. An Addendum must include the order appealed from and other relevant pleadings, documents, or exhibits essential to understanding the case and the appellate court's jurisdiction; failure to supplement may result in affirmance for noncompliance.

Questions Presented

1. Whether the appeal should be dismissed or decided when the record and Addendum omit pleadings material to the appellant's arguments.
2. Whether the appellate court should remand under Arkansas Rule of Appellate Procedure-Civil 6(e) to settle the record and require a substituted Addendum.

Disposition

remanded