Billie Jo Greenlee v. J.B. Hunt Transport, Inc., et al.
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN MAUZY PITTMAN, CHIEF JUDGE
DIVISIONS III and IV
CA07-1254
November 5, 2008
BILLIE JO GREENLEE
APPELLANT
APPEAL FROM BENTON COUNTY
CIRCUIT COURT [NO. CV-03-835-1]
V.
HON. TOM KEITH, JUDGE
J.B. HUNT TRANSPORT, INC., ET
AL.
APPELLEES
REBRIEFING ORDERED
Appellant appeals from a summary judgment in favor of her former employer in an
action based on asserted violations of the Arkansas Civil Rights Act. We do not address the
merits of the appeal at this time because appellant’s abstract and addendum do not comply
with Arkansas Supreme Court Rule 4-2(a)(5) and (8).
Appellant’s addendum includes neither the complaint nor the answer. Rule 4-2(a)(8)
requires that “relevant pleadings” be included in the addendum and, given that the issue in
this case is the propriety of a summary judgment, the complaint and the answer are essential
to our understanding of the case. See Heard v. Regions Bank, 369 Ark. 274, 235 S.W.3d 422
(2007). Furthermore, we note that appellant has included verbatim excerpts of several
deposition transcripts in her addendum; these excerpts should instead have been submitted as
impartial first-person narratives in the abstract. Ark. Sup. Ct. R. 4-2(a)(5); Lackey v. Mays,
100 Ark. App. 386, ___ S.W.3d ___ (2007). Appellant is granted leave to file a complying
substituted abstract, brief, and addendum within fifteen days. See Ark. Sup. Ct. R. 4-2(b)(3).
Rebriefing ordered.
H ART, G LADWIN, and H EFFLEY, JJ., agree.
B AKER, J., concurs.
H UNT, J., dissents.
H UNT, J., dissenting. I disagree with the majority’s decision to send this case back for
rebriefing. The appellant’s abstract and addendum are not so deficient that the court cannot
reach the merits of this case. See Ark. Sup. Ct. R. 4-2(b)(3). I would consider this appeal on
the merits instead of causing an unnecessary delay of this court’s decision. Therefore, I
respectfully dissent.
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CA07-1254
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