Charlene Lancaster v. Arkansas Department of Human Services

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION IV

CA03-991

March 10, 2004

CHARLENE LANCASTER AN APPEAL FROM THE POPE

APPELLANT COUNTY CIRCUIT COURT [J-2001-342]

v.

ARKANSAS DEPARTMENT OF HONORABLE KENNETH DAVID COKER,

HUMAN SERVICES JUDGE

APPELLEE

AFFIRMED

Olly Neal, Judge

Appellant, Charlene Lancaster, appeals from the decision of the Pope County Circuit Court terminating her parental rights. For reversal, Lancaster contends that the evidence was insufficient to support the court's judgment that she should have her parental rights terminated. Nevertheless, in the absence of a complete record on appeal, we are compelled to summarily affirm. See Larry v. Grady Sch. Dist., 82 Ark. App. 185, 119 S.W.3d 528 (2003).

We have repeatedly emphasized that the appellant bears the burden of bringing forth an adequate record on appeal. Bullock v. State, 353 Ark. 577, 111 S.W.3d 380 (2003); Larry, supra. Rule 6(b) of the Arkansas Rules of Appellate Procedure - Civil requires an appellant, who urges on appeal that a finding or conclusion is not supported by the evidence, to include in the record a transcript of all evidence relevant to such finding or conclusion. If anything material is misstated or omitted from the record by error or accident, Rule 6(e) provides in part that:

the parties by stipulation, or the circuit court, either before or after the record is transmitted to the appellate court, or the appellate court on proper suggestion, or on its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary, that a supplemental record be certified and transmitted.

(Emphasis added.) In Larry, we stated that "Rule 6(e) of the Arkansas Rules of Appellate Procedure- Civil allows this court to order supplementation of the record when it is clear that something is missing as a result of error or accident by the court reporter or the circuit clerk." 82 Ark. App. at 188, 119 S.W.3d at 531.

We have found only two instances in which the supreme court, absent leave of the parties, has ordered that the record on appeal be supplemented under Rule 6(e) of the Arkansas Rules of Appellate Procedure. Both of those instances were cases that involved the imposition of death or life imprisonment. See Anderson v. State, 351 Ark. 675, 100 S.W.3d 48 (2003); Howell v. State, 350 Ark. 47, 84 S.W.3d 442 (2002). In the instant case, not only has appellant failed to include the notice of appeal in her addendum, but she has also failed to include any testimony from these proceedings in the record, although she included testimony in her abstract. Additionally, appellee's reply brief placed appellant on notice that the record and abstract were deficient; notwithstanding, appellant chose not to respond. Nor has she requested leave of this court to supplement the record. Therefore, due to the absence of a complete record on appeal, we summarily affirm.1

Affirmed.

Robbins and Griffen, JJ., agree.

1 Had we reached the merits, the evidence as presented in the abstract would not have supported a reversal.