Cite as 2014 Ark. App. 578
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-14-81
Opinion Delivered October 29, 2014
HOWARD GRAHAM ET AL.
APPELLANTS APPEAL FROM THE DESHA
COUNTY CIRCUIT COURT
[NO. CV-2012-80-3]
V.
HONORABLE DOUG SCHRANTZ,
JUDGE
STEVEN ARZO FRENCH ET AL.
APPELLEES REBRIEFING ORDERED
JOHN MAUZY PITTMAN, Judge
This is an appeal from an order dismissing appellants’ amended complaint involving
the sale of fractional interests in land in Desha County. Appellants argue that the trial court
erred in dismissing their action because they have standing to attack the sales and because they
alleged facts in the amended complaint sufficient to warrant relief. We order rebriefing
because appellants’ addendum does not conform to Ark. Sup. Ct. R. 4-2(a)(8).
Rule 4-2(a)(8) requires specific pleadings and documents to be included in the
addendum, as well as any other relevant pleadings, documents, or exhibits essential to an
understanding of the case. Rule 4-2(b)(3) provides that, if the court finds the abstract or
addendum to be deficient, such that the court cannot reach the merits of the case, an appellant
must be afforded one opportunity to cure the deficiencies.
Appellants have failed to comply with Rule 4-2 by omitting from their addendum the
amended complaint, the answer to the amended complaint, the motion to dismiss, and the
Cite as 2014 Ark. App. 578
brief in support of the motion to dismiss. Because appellants have failed to comply with our
rules, we order them to file a substituted addendum and brief within fifteen days from the date
of entry of this order. Although we have noted specific deficiencies above, we encourage
counsel to review our rules and the records to ensure that no additional deficiencies are
present. If appellants fail to file a conforming addendum and brief within the prescribed time,
the judgment appealed from may be affirmed for noncompliance with Rule 4-2. After service
of the substituted brief, the appellees shall have an opportunity to revise or supplement their
brief in the time prescribed by the clerk.
Rebriefing ordered.
GLADWIN, C.J., and WYNNE, J., agree.
McKissic & Associates, PLLC, by: Jackie B. Harris, for appellants.
Stephen L. Tisdale; Melinda French; and William L. Owen, P.A., by: William L. Owen,
for appellees.
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