Talbert v. U.S. Bank

266 S.W.3d 741, 371 Ark. 429 (2007) · Supreme Court of Arkansas · November 1, 2007 · No. No. 07-497

Summary

The Arkansas Supreme Court ordered rebriefing in Debra Talbert's appeal from a summary-judgment order in favor of U.S. Bank. The court held that the appellant's brief failed to comply with Arkansas Supreme Court Rule 4-2(a)(5) because it did not properly abstract the relevant discussion from the summary-judgment hearing, and directed her to file a substituted brief within fifteen days.

Holdings

  1. When an appellant's abstract is deficient and prevents the court from reaching the merits or causes unreasonable or unjust delay, the court may require the appellant to file a substituted abstract, Addendum, and brief within the prescribed time under Arkansas Supreme Court Rule 4-2(b)(3).

Questions Presented

  1. Whether the appellant's failure to provide a proper abstract of the relevant summary-judgment hearing required rebriefing under Arkansas Supreme Court Rule 4-2.

Disposition

other

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