Kendra Dotson Jones v. Little Rock Family Planning Services, P.A. et al.

Kendra Dotson JONES v. LITTLE ROCK FAMILY
PLANNING SERVICES, P.A., Curtis E. Stover,
M.D., David C. Kolb, M.D., Lisa D. Jamroz,
M.D., and T. Eric Bowen, M.D.

CA 97-309                                          ___ S.W.2d ___

                  Court of Appeals of Arkansas
                Opinion delivered August 27, 1997


1.   Appeal & error -- motion to correct record granted -- appellant's counsel
     ordered to correct pages containing highlighted sections or notations. --
     Where sections of the record had been highlighted with
     notations added on a substantial number of pages, the
     appellate court granted separate appellees' motion to correct
     the record, ordering appellant's counsel, pursuant to Ark. R.
     App. P.--Civ. 6(e), to correct all pages of the record that
     contained highlights or notations by preparing a supplemental
     record, properly certified, replacing those pages.

2.   Appeal & error -- record on appeal not to be tampered with in any fashion.
     -- The court's record on appeal is not to be disfigured,
     marked upon, or otherwise tampered with.  


     Motion to Correct the Record; granted.
     Amshoff, Donovan & Smith, P.C., by: Theodore H. Amshoff, Jr.
and Paul P. Clemens; The Law Offices of Brad Hendricks, by: Lamar
Porter, for appellant.
     Wright, Lindsey & Jennings, by:  Bettina E. Brownstein, for
appellee Little Rock Family Planning Services, P.A.
     Friday, Eldredge & Clark, by:  Tonia P. Jones, for appellee
Lisa D. Jamroz, M.D.
     Clevenger, Angel & Miller, P.L.L.C., by: Richard L. Angel and
Stuart P. Miller, for appellees David C. Kolb, M.D., and T. Eric
Bowen, M.D.

     Per Curiam. 
     Before the Court is a Motion to Correct the Record brought by
separate appellees David C. Kolb, M.D., and T. Eric Bowen, M.D. 
Separate appellees note that the record in this case was in the
possession of appellant's counsel until it was checked out to their
counsel.  Upon receipt, counsel for separate appellees discovered
that several pages of the record contained highlighted sections or
notations.  Separate appellees identify several pages in their
motion that are said to be highlighted or annotated.  Further,
separate appellees, through their counsel, certify that these
notations and highlights were placed on the record prior to its
receipt by counsel for separate appellees.
     Separate appellees served their motion on all parties to this
appeal.  No responses were filed, and the time to respond has
expired.
     The clerk's records indicate that counsel for the appellant
checked out the record on March 20, 1997.  Counsel then returned
the record to the clerk's office on July 18, 1997; on that same
date, counsel for separate appellees checked out the record. 
Separate appellee's motion was filed on July 25, 1997.
     A review of the record confirms that, as alleged by separate
appellees, it has been highlighted with notations added on a
substantial number of pages.  This cannot be permitted; the record
should not be tampered with in any fashion.  Therefore, pursuant to
Ark. R. App. P.--Civ. 6(e), we order counsel for the appellant to
correct all pages of the record that contain highlights or
notations by preparing a supplemental record, properly certified,
replacing these pages.  This supplemental record shall be filed
within 30 days of the date of this opinion.  Appellant is to bear
all costs in connection with the preparation, certification and
transmission of the supplemental record. 
     By this Per Curiam, we place all counsel and parties, in this
case and all future cases, on notice:  the Court's record on appeal
is not to be disfigured, marked upon, or otherwise tampered with.