Opinion
No. CA11-1117
09-26-2012
DAVE EUSANIO APPELLANT v. DANTE TIPPIN APPELLEE
Waller Lansden Dortch & Davis, LLP, by: Waverly D. Crenshaw, Jr. and John E.B. Gerth; Ramsay, Bridgforth, Robinson and Raley, LLP, by: Spencer F. Robinson, for appellant. Harrill & Sutter, PLLC, by: Luther Oneal Sutter, for appellee.
APPEAL FROM THE JEFFERSON
COUNTY CIRCUIT COURT,
[NO. CV2011-179-2]
HONORABLE ROBERT H. WYATT,
JR., JUDGE
REMANDED FOR SUPPLEMENTAL
ADDENDUM
ROBERT J. GLADWIN , Judge
Dave Eusanio appeals the August 16, 2011 order of the Jefferson County Circuit Court granting appellee Dante Tippin's motion to strike answer and motion for default judgment. Also on appeal is the circuit court's denial, by operation of law, of Eusanio's motion to set aside the default judgment and to vacate the order. We remand for appellant to supplement his addendum.
Appellant failed to include the following pleadings in his addendum: (1) Answer; (2) Defendant Dave Eusanio's Response in Opposition to Plaintiff's Application for Default Judgment and Plaintiff's Motion to Strike Eusanio's Answer; (3) Supplemental Authorities in Support of Defendant's Motion for Extension of Time to Answer and in Opposition to Plaintiff's Application for Default Judgment and Motion to Strike the Answer; (4) Supplemental Brief in Support of Response to Motion for Extension and Application for Default; (5) Dave Eusanio's Memorandum of Law in Support of His Motion to Set Aside Default Judgment and to Vacate Order entered on August 16, 2011 Denying Motion for Extension and Striking Answer; and (6) Dave Eusanio's Post Hearing Brief in Support of his Motion to Set Aside Default Judgment and to Vacate Order entered on August 16, 2011.
Arkansas Supreme Court Rule 4-2 (2012) states in pertinent part as follows:
(a)(8)(A)(i) The addendum must include the following documents:Ark. Sup. Ct. R. 4-2(a)(8)(A)(i), (b)(4).
the pleadings (as defined by Rule of Civil Procedure 7(a)) on which the circuit court decided each issue: complaint, answer . . . ;
all motions (including posttrial and postjudgment motions), responses, replies, exhibits, and related briefs, concerning the order, judgment, or ruling challenged on appeal.
. . . .
(b)(4) If the appellate court determines that deficiencies or omissions in the abstract or addendum need to be corrected, but complete rebriefing is not needed, then the court will order the appellant to file a supplemental abstract or addendum within seven calendar days to provide the additional materials from the record to the members of the appellate court.
Accordingly, appellant has seven days in which to file a supplemental addendum in compliance with the Rule. Ark. Sup. Ct. R. 4-2(b)(4). This list may not be inclusive of the missing and necessary pleadings, motions, and briefs that should be included in the addendum, and we encourage counsel to review the Rules of the Arkansas Supreme Court as well as the record and addenda to ensure that no additional deficiencies are present.
Remanded for supplemental addendum.
PITTMAN and ROBBINS, JJ., agree.
Waller Lansden Dortch & Davis, LLP, by: Waverly D. Crenshaw, Jr. and John E.B. Gerth; Ramsay, Bridgforth, Robinson and Raley, LLP, by: Spencer F. Robinson, for appellant.
Harrill & Sutter, PLLC, by: Luther Oneal Sutter, for appellee.