Opinion
No. CA11-509
01-23-2013
DAVID W. PASCHAL APPELLANT v. TRESSA PASCHAL APPELLEE
Momtgoiiiery, Adams & WA f Dustin McDaniel, Att'y Gen., by: Rebecca B. Kane, Ass't Att'y Gen., for appellee.
APPEAL FROM THE WASHINGTON
COUNTY CIRCUIT COURT
[NO. DR-2011-21-7]
HONORABLE JOANNA TAYLOR, JUDGE
AFFIRMED
ROBIN F. WYNNE, Judge
This is an appeal from an order of protection entered against appellant David Paschal preventing him from having contact with his two minor children for one year. On appeal, appellant argues that the circuit court erred when it denied his motion to dismiss, denied his motion for psychological evaluations of the children, admitted the hearsay statements of the parties' younger child, and denied his motions for directed verdict. We affirm without reaching the merits of appellant's arguments.
This case is again before this court following two rebriefing orders. Paschal v. Paschal, 2012 Ark. App. 400; Paschal v. Paschal, 2012 Ark. App. 18. As we noted in previous opinions, failure to comply with Rule 4-2 of the Rules of the Arkansas Supreme Court and Court of Appeals after being given the opportunity to correct deficiencies may result in the judgment being affirmed for noncompliance with the rule. Ark. Sup. Ct. R. 4-2(b)(3) (2012); see also Jewell v. Duree-Jewell, 2012 Ark. App. 64; Patrick v. State, 359 Ark. 504, 199 S.W.3d 74 (2004).
Here, appellant's abstract is not compliant because it is partially in third person. Rule 4-2(a)(5)(B) requires that the first person ("I") rather than the third person ("He or She") be used in abstracting testimony. In addition to the deficiencies in the abstract, the addendum does not include appellee's notice of her intent to use the child-hearsay exception. As appellant challenges the court's ruling admitting child hearsay, this document was required to be included in the addendum. See Ark. Sup. Ct. R. 4-2(a)(8)(A)(i). Because we have given appellant two previous opportunities to cure deficiencies in his brief and he has not done so, we affirm for noncompliance with Rule 4-2.
Affirmed.
HARRISON and GRUBER, JJ., agree.
Momtgoiiiery, Adams & WA f yatt, PLC, by: Dale E. Adams, for appellant.
Dustin McDaniel, Att'y Gen., by: Rebecca B. Kane, Ass't Att'y Gen., for appellee.