Opinion
No. CA11-1174
05-30-2012
ARLANDS, LLC APPELLANT v. MPC COLOR, INC. APPELLEE
APPEAL FROM THE CRAIGHEAD COUNTY CIRCUIT COURT, WESTERN DISTRICT [NO. CV-2010-548]
HONORABLE RANDY F. PHILHOURS, JUDGE
REMANDED TO SETTLE THE RECORD
JOHN MAUZY PITTMAN , Judge
This is an appeal from a purported order granting appellee's motion for a directed verdict as to the unlawful-detainer action brought by appellant. We cannot address this issue because no such order appears in the record. Instead, the only order in the record that was filed on the date referenced in appellant's notice of appeal is an order (1) denying a motion for reconsideration of the missing order and (2) deciding the issues in a different case.
Nevertheless, the record indicates that an order granting the directed verdict was contemplated by all parties. The trial judge, ruling on the directed-verdict motion from the bench at trial, directed appellee's attorney to prepare an order regarding the court's ruling on the directed verdict. Because it appears that such an order may exist and may have been omitted from the record by error or accident, we remand this case to the circuit court to settle the record within thirty days, see Ark. R. Civ. P. 6(e), to be followed by appellant's filing of a supplemental addendum, if necessary, within fifteen days thereafter.
Remanded to settle the record.
HART and WYNNE, JJ., agree.