Summary
In Hotfoot Logistics, LLC v. Shipping Point Marketing, Inc., 2013 Ark. 72, 2013 WL 655203, [“ Hotfoot I ”], we dismissed the appeal without prejudice for lack of a final order.
Summary of this case from Hotfoot Logistics, LLC. v. Shipping Point Marketing, Inc.Opinion
No. 12-836
02-21-2013
HOTFOOT LOGISTICS, LLC AND FREIGHT AMBULANCE, LLC APPELLANTS v. SHIPPING POINT MARKETING, INC., DAVID FISHGOLD, AND LOUIS N. FISHGOLD APPELLEES
Ronald G. Gillert and Tona M. DeMers, for appellants. Cross, Gunter, Witherspoon & Galchus, P.C., by: J.E. Jess Sweere, for appellees.
SUPPLEMENTAL ADDENDUM ORDERED.
PER CURIAM
Appellants Hotfoot Logistics, LLC, and Freight Ambulance, LLC, appeal from an order of the Pulaski County Circuit Court granting a motion to dismiss based on lack of personal jurisdiction filed by appellees, Shipping Point Marketing, David Fishgold, and Louis Fishgold. On appeal, appellants argue that the circuit court erred in granting appellees' motion to dismiss for lack of personal jurisdiction and challenge the circuit court's decision to award attorney's fees. We accepted certification of this case from the court of appeals pursuant to Arkansas Supreme Court Rule 1-2(b)(1), (4), and (5), as this case presents an issue of first impression, an issue of significant public interest, and an issue needing clarification. In Hotfoot Logistics, LLC v. Shipping Point Marketing, Inc., 2012 Ark. 76, we dismissed the appeal without prejudice for lack of a final, appealable order. We now order appellants to file a supplemental addendum within seven calendar days to cure deficiencies in their addendum.
Arkansas Supreme Court Rule 4-2(a)(8) (2012) requires that an appellant's brief include an addendum consisting of all documents essential to the appellate court's resolution of the issues on appeal. In addition, pursuant to Rule 4-2(a)(8)(A)(i), all motions and related briefs concerning the order, as well as the order, must be included in the addendum. Here, appellants' addendum omits the last page of an affidavit in support of separate appellees' motion for attorney's fees, a time-sheet exhibit, and their brief in support of the motion for attorney's fees. Further, appellants' addendum does not include their response to appellees' motion for attorney's fees, nor does it contain the circuit court's order awarding attorney's fees. Because appellants have not included these documents in their addendum, we order them to correct this deficiency by filing a supplemental addendum within seven calendar days from the date of this opinion. Ark. Sup. Ct. R. 4-2(b)(4); see also In re 4-2(b) of the Rules of the Supreme Court, 2011 Ark. 141 (per curiam). We further encourage appellate counsel, prior to filing the supplemental addendum, to review our rules, as well as the addendum, to ensure that no additional deficiencies are present.
It is so ordered.
Ronald G. Gillert and Tona M. DeMers, for appellants.
Cross, Gunter, Witherspoon & Galchus, P.C., by: J.E. Jess Sweere, for appellees.