Opinion
No. 05-394.
Opinion delivered January 5, 2006.
APPEAL ERROR — NOTICE OF APPEAL NOT INCLUDED IN ADDENDUM — ADDENDUM INSUFFICIENT. — Where the notice of appeal was not included in the addendum, the addendum was insufficient; appellant was granted fifteen days from the date of the entry of this order to file an amended addendum.
Rebriefing ordered.
William T. Finnegan, for appellant.
Wright, Lindsey Jennings, by: Patricia Sievers Harris and Paul D. Morris, for appellees.
[1] Appellant Katherine Fryar appeals the January 7, 2005 order of the Pulaski County Circuit Court granting summary judgment and dismissing her case against Appellees Touchstone Physical Therapy, Inc. and Michael Teston, individually. 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 insufficient, and the appellant is granted fifteen days from the date of the entry of this order within which to file an amended addendum. Dodson v. State, 357 Ark. 646, 187 S.W.3d 854 (2004). Under Ark. Sup. Ct. R. 4-2(b)(3), this court may affirm the judgment if an amended addendum is not filed within the fifteen days.