Hays Grocery Store v. Linda ArnoldAnnotate this Case
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
HAYS GROCERY STORE,
MARCH 23, 2005
APPEAL FROM PHILLIPS COUNTY CIRCUIT COURT,
HONORABLE L.T. SIMES II, JUDGE
Sam Bird, Judge
Appellant Hays Grocery Store appeals from a judgment entered against it on May 24, 2004, awarding $85,000 to appellee Linda Arnold in connection with a slip-and-fall incident. On appeal, appellant contends (1) that the trial court erred in failing to grant its motion for a directed verdict and (2) that the trial court erred in refusing to allow Hays to show a video surveillance tape. Because appellant failed to include its notice of appeal in the Addendum to its brief, we order rebriefing.
Failure to include the notice of appeal violates Rule 4-2(a)(8) of the Rules of the Supreme Court and Court of Appeals. Villines v. Harris, ___ Ark. ___, ___S.W.3d ___ (March 3, 2005). Without a notice of appeal in the Addendum, we cannot determine whether this court has jurisdiction to decide this case. See Branscumb v. Freeman, ___ Ark. ___, ___ S.W.3d ___ (June 10, 2004).
Pursuant to Ark. Sup. Ct. R. 4-2(b)(3) (2004), this court finds that the Addendum is deficient, and appellant is granted fifteen days from the date of the entry of this order within which to file a substituted brief with an amended Addendum. See Villines v. Harris, supra. Furthermore, this court may affirm the judgment under Ark. Sup. Ct. R. 4-2(b)(3) if such brief, including an amended Addendum, is not filed within the fifteen days. See id.
Glover and Roaf, JJ., agree.