Alton Stephen Baldwin v. Helen Carr Baldwin

NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

JOHN MAUZY PITTMAN, JUDGE

DIVISION IV

ALTON STEPHEN BALDWIN

APPELLANT

V.

HELEN CARR BALDWIN

APPELLEE

CA01-149

October 31, 2001

APPEAL FROM THE PULASKI COUNTY CHANCERY COURT, SIXTH DIVISION

[NO. DV98-5816]

HON. MACKIE PIERCE,

CHANCELLOR

REMANDED FOR REBRIEFING

This marital-property case involves the division of a substantial amount of property that was held in partnership. This property includes real estate and businesses operated by the partnership. The appellant contends that the trial court erred in several particulars when determining the respective interests of the parties in the property.

Ownership of that property will, to a large extent, turn on the interpretation of numerous documents. The transcript in this case consists of twelve volumes. Five of those volumes are documentary exhibits. Although appellant's brief is replete with references to documents and assertions concerning what the documents do or do not show, appellant has abstracted none of the exhibits.

Appellee has abstracted some of the exhibits where necessary to demonstrate that appellant has misstated the contents of the documents, but does not claim to have done so in a thoroughgoing manner, and in fact asserts that the abstract of the record before the court is patently insufficient to allow us to decide this case. We agree. Given the complete absence of documentary evidence in the appellant's abstract, and the sketchy manner in which appellant has abstracted the testimony at trial, we hold that the abstract is flagrantly deficient. Pursuant to Ark. R. Sup. Ct 4-2(b)(3), we allow appellant's attorney thirty days from the date of this opinion to revise the brief, at his own expense, to conform to Rule 4-2(a)(6). Upon the filing of such a substituted brief by the appellant, appellee will be afforded an opportunity to supplement the brief at the expense of appellant's counsel.

Remanded for rebriefing to comply with Ark. R. Sup. Ct. 4-2(a)(6).

Neal and Vaught, JJ., agree.