Melissa Lee West v. James Edward West

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION I

MELISSA LEE WEST

APPELLANT

V.

JAMES EDWARD WEST

APPELLEE

CA 04-393

February 9, 2005

APPEAL FROM THE HEMPSTEAD

COUNTY CIRCUIT COURT

[E-00-52-2]

HONORABLE DUNCAN M.

CULPEPPER, CIRCUIT JUDGE

REBRIEFING ORDERED

David M. Glover, Judge

Appellant, Melissa West, and appellee, James West, were divorced in July 2000. Under the terms of the divorce decree, the parties had joint custody of the two minor children. Appellant and the children moved to the State of Oregon on the date that the divorce decree was entered. Appellee subsequently filed a motion for change of custody in the Circuit Court of Hempstead County, Arkansas. Appellant challenged the Arkansas court's jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. At the time of the jurisdictional hearing, appellant and the children had lived in Oregon for almost three years, with designated periods of visitation with appellee in Arkansas. By an order entered July 23, 2003, the trial court determined that it retained continuing jurisdiction over the parties and the subject matter of the case and continued the case for a final hearing, which was held on September 2, 2003. Appellant filed her notice of appeal to this court on October 15, 2003. In it, she stated that she was appealing "from the order entered on September 18, 2003 and July 23, 2003 regarding subject-matter jurisdiction over the children only." The July 23, 2003 order was included in the addendum. The September 18, 2003 order was not included.

Rule 4-2(a)(8) of the Arkansas Rules of the Supreme Court and Court of Appeals provides in pertinent part:

(8) Addendum. Following the signature and certificate of service, the appellant's brief shall contain an Addendum which shall include true and legible photocopies of the order, judgment, decree, ruling, letter opinion, or Workers' Compensation Commission opinion 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.

Inclusion of the September 18, 2003 order was mandatory pursuant to this rule not only because appellant designated it as one of the orders from which she was appealing, but also because it is essential to an understanding of our jurisdiction on appeal.

Appellant has fifteen days from the date of this opinion to file a substituted brief with an addendum that includes the missing September 18, 2003 order. See our Rule 4-2(b)(3). If appellant fails to file a complying abstract, addendum, and brief within the prescribed time, the judgment or decree may be affirmed for noncompliance with the rule. See id.

Rebriefing ordered.

Pittman, C.J., and Baker, J., agree.