Bunn Builders, Inc. v. Womack
Annotate this Case
Download PDF
Cite as 2011 Ark. 132
SUPREME COURT OF ARKANSAS
No.
10-125
Opinion Delivered 3-31-11
BUNN BUILDERS, INC. AND
EMPLOYERS MUTUAL CASUALTY
COMPANY,
APPELLANTS,
APPEAL FROM THE CIRCUIT
COURT OF CLARK COUNTY, CIVIL
DIVISION, NO. CV2007-46, HON.
ROBERT E. MCCALLUM, JUDGE,
VS.
RICHARD WOMACK AND ROY
TURNER d/b/a R & R ENTERPRISES,
APPELLEES,
REBRIEFING ORDERED.
PER CURIAM
Appellants, Bunn Builders, Inc. and its insurer Employers Mutual Casualty Company,
hired appellees, Richard Womack and Roy Turner d/b/a R & R Enterprises, to paint the
ground floor office of the Bunn Builders, Inc. building located in Arkadelphia, Arkansas. On
August 19, 2004, a fire broke out in the Bunn Builders, Inc. office building. Bunn Builders,
Inc. and their insurance carrier brought suit against appellees for negligence alleging that
appellees failed to exercise reasonable care in the performance of the work they contracted to
complete at the Bunn Builders, Inc. office building. A jury trial was held on October 19-21,
2009, and the jury returned a verdict in favor of the appellees. Appellants appeal from that
jury verdict.
Cite as 2011 Ark. 132
We are unable to consider appellants’ appeal at this time because their brief is not in
compliance with Ark. Sup. Ct. R. 4-2(a)(8) (2010). Our newly amended rule states that in
any case where there was a jury trial, the appellant must include the jury’s verdict forms. Ark.
Sup. Ct. R. 4-2(a)(8)(A)(i) (2010); see also In re Arkansas Supreme Court and Court of Appeals
Rules 4-1, 4-2, 4-3, 4-4, 4-7, and 6-9, 2009 Ark. 544 (per curiam). Our rules also require that
“if an exhibit or other item in the record cannot be reproduced in the addendum, then the
party making the addendum must file a motion seeking a waiver of the addendum
obligation.” Ark. Sup. Ct. R. 4-2(a)(8)(A)(ii) (2010).
In this case, appellants failed to include the jury verdict form in the addendum as
required by our rules. Further, appellants failed to file a motion for waiver of addendum
obligation. Accordingly, we order appellants to file a substituted brief, curing the deficiencies
in the addendum, within fifteen days from the date of entry of this order. Ark. Sup. Ct. R.
4-2(b)(3) (2010). After service of the substituted brief, the appellees shall have an opportunity
to file a responsive brief in the time prescribed by the supreme court clerk, or to rely on the
brief previously filed in this appeal.
Rebriefing ordered.
2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.