Hays Grocery Store v. Linda Arnold

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

HAYS GROCERY STORE,

APPELLANT

V.

LINDA ARNOLD,

APPELLEE

CA04-890

MARCH 23, 2005

APPEAL FROM PHILLIPS COUNTY CIRCUIT COURT,

NO. CV-2003-280,

HONORABLE L.T. SIMES II, JUDGE

REBRIEFING ORDERED

Sam Bird, Judge

Appellant Hays Grocery Store appeals from a judgment entered against it on May 24, 2004, awarding $85,000 to appellee Linda Arnold in connection with a slip-and-fall incident. On appeal, appellant contends (1) that the trial court erred in failing to grant its motion for a directed verdict and (2) that the trial court erred in refusing to allow Hays to show a video surveillance tape. Because appellant failed to include its notice of appeal in the Addendum to its brief, we order rebriefing.

Failure to include the notice of appeal violates Rule 4-2(a)(8) of the Rules of the Supreme Court and Court of Appeals. Villines v. Harris, ___ Ark. ___, ___S.W.3d ___ (March 3, 2005). Without a notice of appeal in the Addendum, we cannot determine whether this court has jurisdiction to decide this case. See Branscumb v. Freeman, ___ Ark. ___, ___ S.W.3d ___ (June 10, 2004).

Pursuant to Ark. Sup. Ct. R. 4-2(b)(3) (2004), this court finds that the Addendum is deficient, and appellant is granted fifteen days from the date of the entry of this order within which to file a substituted brief with an amended Addendum. See Villines v. Harris, supra. Furthermore, this court may affirm the judgment under Ark. Sup. Ct. R. 4-2(b)(3) if such brief, including an amended Addendum, is not filed within the fifteen days. See id.

Rebriefing ordered.

Glover and Roaf, JJ., agree.