Tonia S. McMillan and Byron Taylor and The Estate of Ross Earl Taylor, Deceased v. Billie Maxine Taylor

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

TONIA S. McMILLAN and

BYRON TAYLOR and

THE ESTATE OF ROSS EARL TAYLOR, DECEASED

APPELLANTS

V.

BILLIE MAXINE TAYLOR

APPELLEE

CA04-272

December 1, 2004

APPEAL FROM THE CLARK COUNTY CIRCUIT COURT

[CV-04-28]

HON. JOHN A. THOMAS,

CIRCUIT JUDGE

REBRIEFING ORDERED

Larry D. Vaught, Judge

Appellants appeal from an order granting a preliminary injunction and contend that appellee did not satisfy the irreparable harm and likelihood-of-success criteria required to warrant the injunction.

Although appellants include copies of appellee's motion for injunction and the order granting the injunction in the addendum to their brief, they do not include a copy of the notice of appeal. Without a notice of appeal in the addendum, we cannot determine whether this court has jurisdiction to decide this case. Branscumb v. Freeman, __ Ark. __, __ S.W.3d __ (June 10, 2004). Arkansas Supreme Court Rule 4-2(a)(8) provides that the addendum shall include copies of the "order, judgment, decree ... from which the appeal is taken, along with any other relevant pleadings, documents, or exhibits essential to an understanding of the case and the court's jurisdiction on appeal." Arkansas Supreme Court Rule 4-2(b)(3) allows the court to address such deficiencies at any time and allows appellants an opportunity to cure the defect.

We order rebriefing so that we may reach the merits of this case. In accordance with Rule 4-2(b)(3), appellants have fifteen days from the date of this opinion in which to file a substituted addendum conforming to Rule 4-2(a)(8).

Rebriefing ordered.

Pittman and Hart, JJ., agree.