Jeremy Cook and Ronnie Hedge v. The Most Worshipful Grand Lodge, Free and Accepted Masons of the State of Arkansas, and Its Masonic Jurisdiction (Grand Lodge); Carl E. Nelson; Robert L. Jackson; Boyd Freeman; Samuel D. Lattin; George K. Coffman (Deceased); Arnold G. Hodge; Charles H. Ferguson; Martin E. Warren; Billy Joe Holder; Bradley R. Phillips; George R. Franks, Jr.; Chris Young, all in their individual and official capacities as office holders and members of the Grand Lodge; and John Does 1–25

Summary

The Arkansas Supreme Court vacated the court of appeals' order, denied the appellants' motion for a writ of certiorari to complete the appellate record, and granted the appellees' motion to dismiss the appeal. The court held that the appellants should have sought an extension under Arkansas Rule of Appellate Procedure–Civil 5(b) because the hearing transcript was necessary to complete the record, and that their failure to do so warranted dismissal.

Holdings

1. Cook's ethical obligations did not prevent him from requesting an extension. Because the transcript was unavailable, additional time was necessary for the court reporter to include it in the appellate record, satisfying the substance of Rule 5(b)(1)(E).
2. Cook was not entitled to certiorari because he neither obtained a circuit-court extension nor demonstrated that he was unable to obtain one.
3. The appeal was properly subject to dismissal because Cook designated the transcript as part of the record, and the circuit court's dismissal order expressly relied on reasons stated during the hearing.

Questions Presented

1. Whether Cook's ethical obligations prevented him from filing a motion for an extension under Arkansas Rule of Appellate Procedure–Civil 5(b)(1)(E), and therefore excused his failure to obtain an extension before seeking certiorari.
2. Whether the appeal should be dismissed when the designated transcript was missing from the appellate record, even though the transcript was reportedly from a short hearing.
3. Whether Cook demonstrated the inability to obtain a circuit-court extension required for a writ of certiorari under Rule 5(b)(3).

Disposition

dismissed