Opinion
No. 12-369
08-14-2012
RONALD LEE MAY APPELLANT v. RAYMOND COLE GOODMAN, JR., M.D., ET AL. APPELLEES
Tony W. Edwards and Robert S. Tschiemer, for appellant. Walter B. Cox, for appellee Raymond Cole Goodman, Jr., M.D.
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT
[NO. CV-11-796]
HON. STEPHEN TABOR, JUDGE
WRIT OF CERTIORARI TO COMPLETE
THE RECORD GRANTED.
PER CURIAM
Appellant appeals from an order of the Sebastian County Circuit Court dismissing his complaint with prejudice. Appellant filed a notice of appeal and designation of record on February 17, 2012, and designated the entire record on appeal. A supplemental notice of appeal was filed on April 5, 2012, which also designated the entire record on appeal. Despite this designation, the summons that was issued in this case, which is pertinent to the issue on appeal, was not included in the record.
In the present motion, appellant asks that the summons be included in the record. He points out that though copies of the summons are attached to motions as exhibits, the "actual" summons is not included. He asks that we remand for completion of the record and order a stay of the briefing schedule.
We grant appellant's request and direct that a writ of certiorari be issued to the Sebastian County Circuit Court to complete and file a certified supplemental record containing the summons within thirty days of the date of this order. We also direct our clerk to set a new briefing schedule once the supplemental record has been received.
Writ of certiorari to complete the record granted.
Tony W. Edwards and Robert S. Tschiemer, for appellant.
Walter B. Cox, for appellee Raymond Cole Goodman, Jr., M.D.