Cite as 2015 Ark. App. 661
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-15-300
PRISCILLA PONDER OPINION DELIVERED NOVEMBER 18, 2015
APPELLANT
APPEAL FROM THE UNION
V. COUNTY CIRCUIT COURT
[NO. JV-2013-340-3]
ARKANSAS DEPARTMENT OF HONORABLE EDWIN KEATON,
HUMAN SERVICES and A.P., E.P., and JUDGE
J.P., MINOR CHILDREN
APPELLEES REBRIEFING ORDERED
ROBERT J. GLADWIN, Chief Judge
Appellant Priscilla Ponder appeals the January 26, 2015 orders of the circuit court (she
claims that they were final orders pursuant to Ark. R. Civ. P. 54(b) (2015) entered at the
review hearing, with a notice of appeal filed on January 29, 2015). We order rebriefing.
On December 13, 2013, the Department of Human Services (DHS) took a seventy-
two-hour-hold on appellant’s children after the death of a sibling. The children were
separated almost immediately; A.P. was placed with one set of relatives, and E.P. and J.P.
were placed with another. The children were adjudicated dependent-neglected by an order
file-marked on May 29, 2014, and the goal was set for reunification. Review hearings held
on June 16, August 4, and September 29, 2014, continued that goal until the permanency-
planning hearing on December 1, 2014, when the goal was changed to obtain a permanent
custodian, including permanent custody with a fit and willing relative.
Cite as 2015 Ark. App. 661
The circuit court found that it was not in the children’s best interest to return custody
to appellant and cited several reasons for that finding. Visitation was continued as previously
ordered, prior orders not in conflict remained in effect, and the case was set for a review
hearing. At the “review hearing” on January 9, 2015, the circuit court granted permanent
custody of appellant’s three children to two separate sets of relatives and closed the DHS case.
On January 29, 2015, appellant filed a notice of appeal regarding the orders granting
permanent custody of her children that are file-marked January 26, 2015, and this appeal
follows.
The January 9, 2015 hearing—from which the orders appealed from were handed
down—included no testimony, evidence, coherent arguments of counsel, or findings from
the circuit court. The orders appealed from specifically state,
From the testimony, exhibits, statements of the parties and counsel, the record
herein, and other things and matters presented, the Court, noting the best
interests, welfare, health and safety, case plan[,] and appropriate statutory
placement alternatives . . .
yet, the only proceeding abstracted was the strange hearing from January 9, 2015.
Our rules on abstracting require that an appellant’s abstract consist of the “material
parts of the testimony of the witnesses and colloquies between the court and counsel and
other parties as are necessary to an understanding of all questions presented to the Court for
decision.” Ark. Sup. Ct. R. 4-2(a)(5) (2015). Further, “[p]leadings and documentary
evidence should not be abstracted.” Id. Our rules on the contents of the addendum mandate
that it include photocopies of “the order, judgment, decree, ruling, letter opinion . . . from
which the appeal is taken, along with any other relevant pleadings, documents, or exhibits
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essential to an understanding of the case and the Court’s jurisdiction on appeal.” Ark. Sup.
Ct. R. 4-2(a)(8).
Appellant’s abstract and addendum are deficient to such an extent that we are unable
to understand her argument and reach the merits of the case. Pursuant to our rules, we afford
appellant an opportunity to cure these deficiencies, and grant appellant fifteen days from the
date of this opinion within which to file a substituted abstract, addendum, and brief that
conform with our rules, pursuant to Arkansas Supreme Court Rule 4-2(b)(3). After the filing
of a substituted brief, appellee will be afforded an opportunity to revise or supplement its
brief. Id. We note that if, after the opportunity to cure these deficiencies, appellant fails to
file a complying abstract, addendum, and brief, we may affirm for noncompliance with our
rules. Id.
Rebriefing ordered.
ABRAMSON and BROWN , JJ., agree.
Suzanne Ritter Lumpkin, Arkansas Public Defender Commission, for appellant.
Mischa K. Martin, County Legal Operations, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor children.
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