Opinion
No. 11-900
11-19-2012
CHASE BANK USA, N.A. APPELLANT v. DYKE, HENRY, GOLDSHOLL & WINZERLING, P.L.C.; REGIONS BANK, N.A.; WANDA JEAN STEPHENS; THE STEPHENS FAMILY LIMITED PARTNERSHIP; RACHEL STEPHENS, MINOR; KATHRYN STEPHENS, MINOR; JOSHUA STEPHENS, MINOR; AND GREG STEPHENS, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF DECEDENT WANDA STEPHENS, AND AS PARENT AND NEXT FRIEND OF THE ABOVE MINORS APPELLEES
McMullen Law Firm, by: Amy Clemmons Brown, for appellant. Dyke, Henry, Goldsholl & Winzerling, PLC, by: Scott P. Goldsholl, for appellee Dyke, Henry, Goldsholl & Winzerling, PLC. Mitchell, Williams, Selig, Gates & WWoodyard, P.L.L.C. , by: Donald H. Henry and Anton L. Janik, Jr., for appellee Regions Bank. Greg Stephens and Janis Chalmers, for appellee The Stephens Heirs, Kathryn Stephens, et al. Byron Southern and Kate Bridges, for appellee Stephens Family Limited Partnership.
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
[NO. CV-2008-7020]
HON. COLLINS KILGORE, JUDGE
REBRIEFING ORDERED.
PER CURIAM
Appellant appeals the findings of the Pulaski County Circuit Court. We order the appellees to rebrief.
We do not reach the merits of this appeal because of appellees' failure to comply with Ark. Sup. Ct. R. 4-1 (2012). We may raise issues of deficiencies sua sponte. See Ark. Sup. Ct. R. 4-2(b)(3) (2012); Nash v. Ark. Elevator Safety Bd., 370 Ark. 86, 257 S.W.3d 80 (2007). Arkansas Supreme Court Rule 4-1(a) sets out specific guidelines for margins and typeface. Upon our review of appellees' brief, the line spacing appears to be between single-spaced and double-spaced.
For this reason, we order rebriefing. Arkansas Supreme Court Rule 4-1(e) (2012) provides that "[b]riefs not in compliance with this rule shall not be accepted by the Clerk." We encourage appellees' counsel, prior to filing the substituted brief, to review our rules to ensure that no additional deficiencies are present.
Because of the upcoming holiday, appellees have until November 29, 2012, to file a substituted brief that conforms with our rules. If appellees file a compliant brief by that deadline, then our Clerk shall accept the brief. After service of the substituted brief, the appellant shall have the opportunity to file a responsive brief within fourteen days, or may rely on the brief already filed in this appeal.
Rebriefing ordered.
McMullen Law Firm, by: Amy Clemmons Brown, for appellant.
Dyke, Henry, Goldsholl & Winzerling, PLC, by: Scott P. Goldsholl, for appellee Dyke, Henry, Goldsholl & Winzerling, PLC.
Mitchell, Williams, Selig, Gates & WWoodyard, P.L.L.C., by: Donald H. Henry and Anton L. Janik, Jr., for appellee Regions Bank.
Greg Stephens and Janis Chalmers, for appellee The Stephens Heirs, Kathryn Stephens, et al.
Byron Southern and Kate Bridges, for appellee Stephens Family Limited Partnership.