Opinion
No. 04-568.
Opinion delivered March 3, 2005. Rehearing denied June 23, 2005.
Special Justices EDWARD MORGAN, HANI HASHEM, and ELDON COFFMAN join. CORBIN, BROWN IMBER, JJ., participating.
APPEAL ERROR — ADDENDUM DEFICIENT — REBRIEFING ORDERED. — In violation of Ark. Sup. Ct. R. 4-2(a)(8), the notice of appeal was not included in the Addendum; pursuant to Ark. Sup. Ct. R. 4-2(b)(3), the supreme court found that the Addendum was deficient, and appellant was granted fifteen days within which to file an amended Addendum; it is a practical impossibility for seven justices to examine a single transcript filed with the court; further, the supreme court may affirm the judgment under Ark. R. Sup. Ct. 4-2(b)(3) if an amended Addendum is not filed within the fifteen days.
Appeal from Pulaski Circuit Court; John S. Patterson, Judge, rebriefing ordered.
Pulaski County Attorney's Office, by: Karla M. Burnett and Amanda M. Mitchell, for appellants.
Dover, Dixon Home PLLC, by: Thomas S. Stone and Nona M. Morris, for appellee.
[1] Floyd Villines, III, appeals from "all orders entered in this case" involving alleged improper assessment of real property taxes in Pulaski County. However, in violation of Ark. Sup. Ct. R. 4-2(a)(8), the notice of appeal is not included in the Addendum. Pursuant to Ark. Sup. Ct. R. 4-2(b)(3), this court finds that the Addendum is deficient, and the appellant is granted fifteen days from the date of the entry of this order within which to file an amended Addendum. It is a practical impossibility for seven justices to examine a single transcript filed with this court. City of Dover v. City of Russellville, 351 Ark. 557, 95 S.W.3d 808 (2003). Further, this court may affirm the judgment under Ark. R. Sup. Ct. 4-2(b)(3) if an amended Addendum is not filed within the fifteen days.