Opinion
CA 09-108
Opinion Delivered December 9, 2009
Appeal from the Poinsett County Circuit Court, [No. PR06-115], Honorable Barbara Halsey, Judge, Rebriefing Ordered.
After the Probate Division of the Circuit Court of Poinsett County entered an order admitting the last will and testament of Annetta Truitt Brown, deceased, appellant John Truitt moved to set aside the order. Appellant argued that the Circuit Court of Poinsett County lacked jurisdiction, claiming that the Circuit Court of Lawrence County was the proper venue. The Poinsett County Circuit Court denied appellant's motion, and appellant timely appealed from that order. We are not able to reach the merits of appellant's argument because the abstract is deficient.
Rule 4-2(a)(5) of the Arkansas Rules of the Supreme Court and Court of Appeals provides in part as follows:
Abstract. The appellant's abstract or abridgment of the transcript should consist of an impartial condensation, without comment or emphasis, of only such material parts of the testimony of the witnesses and colloquies between the court and counsel and other parties as are necessary to an understanding of all questions presented to the Court for decision.
Appellant has failed to comply with Rule 4-2(a)(5) in that he did not abstract the witness testimony or arguments of counsel presented at the hearing on his motion to set aside the order of administration. Instead, the abstract section of appellant's brief states, "The court will take judicial notice of the entire court file."
In Bryan v. City of Cotter, 2009 Ark. 172, ___ S.W.3d ___, our supreme court articulated a bright-line rule requiring an appellant to submit a substituted brief when an abstract or addendum does not contain materials that are essential to an understanding of an appeal. In light of this precedent, we direct appellant to file a substituted abstract and brief within fifteen days from the date of this opinion. Appellee shall have an opportunity to revise or supplement her brief within the time prescribed by the clerk.
Rebriefing ordered.
HART and ROBBINS, JJ., agree.