Pursuant to Rule 6(c), "this court shall not affirm or dismiss a case based on an abbreviated record if the record was abbreviated by the parties in good faith either by agreement or without objection from the appellee." Gilbert v. Moore, 362 Ark. 657, 658, 210 S.W.3d 125, 126 (2005) (per curiam) (quoting West v. West, 362 Ark. 456, 457, 208 S.W.3d 776, 768 (2005) (per curiam)). Further, pursuant to Rule 6(e), this court can sua sponte direct the parties to supply any omitted material by filing a certified, supplemental record.
Pursuant to Rule 6(c), "this court shall not affirm or dismiss a case based on an abbreviated record if the record was abbreviated by the parties in good faith either by agreement or without objection from the appellee." West v. West, 362 Ark. 456, 457, 208 S.W.3d 776, 778 (2005) ( per curiam). Further, pursuant to Rule 6(e), this court can sua sponte direct the parties to supply any omitted material by filing a certified, supplemental record.
The August 15, 2003 order further dismissed with prejudice Colby and Amanda's claims based on agency against Colby's grandfather, James Verdier, and his grandmother, the appellee. As we recently said in West v. West, 362 Ark. 456, 208 S.W.3d 776 (2005) ( per curiam), under Arkansas Rule of Appellate Procedure — Civil 6(c), "this court shall not affirm or dismiss a case based on an abbreviated record if the record was abbreviated by the parties in good faith either by agreement or without objection from the appellee." 362 Ark. 456, 457, 208 S.W.3d 776, 778 (emphasis in original).
Pursuant to Rule 6(e), we can sua sponte direct the parties to supply any omitted material by filing a certified, supplemental record. See also West v. West, 362 Ark. 456, 208 S.W.3d 776 (2005) (per curiam). [1] In the present case, neither the record nor the addendum contain the pleadings from Heard's case in the district court, particularly Heard's complaint, Regions's answer, the district court's order granting dismissal, or any of the other pleadings considered by the circuit court in reaching its determination.
The failure to provide the trial court with an expungement order distinguishes this case from others in which we ordered a substituted brief to be filed in accordance with Arkansas Rule of Appellate Procedure — Civil 6 for failure to file a sufficient record for review. See West v. West, 362 Ark. 456,208 S.W.3d 776 (2005). According to Davidson, his 1994 conviction was expunged in 1997.
If anything material to either party is omitted from the record by error or accident or is misstated therein . . . the appellate court . . . on its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary, that a supplemental record be certified and transmitted.See also West v. West, 362 Ark. 456, 457, 208 S.W.3d 776, 778 (2005) (per curiam). Accordingly, based on this deficiency, we remand the case to the trial court to supplement the record.