Sunbelt Business Brokers of Arkansas, Inc. et al. v. Nancy W. James

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ARKANSAS COURT OF APPEALS EN BANC No. CA 08-320 SUNBELT BUSINESS BROKERS OF ARKANSAS, INC. AND MARVIN WINSTON APPELLANTS Opinion Delivered December 17, 2008 MOTION TO REINSTATE APPEAL AND FOREGO REBRIEFING V. MOTION DENIED WITH INSTRUCTIONS NANCY JAMES APPELLEE PER CURIAM Previously in this appeal, appellants filed a motion to correct the judgment entered by the circuit court. In that motion, appellants alleged that the circuit court neglected to render judgment against appellant Marvin Winston. Because we were in no position to divine the circuit court’s intent, we remanded the motion to the circuit court for its consideration. Appellants have now filed with us a motion to reinstate the appeal and to forego rebriefing. Attached to this motion is an uncertified copy of the amended judgment entered by the circuit court on remand reflecting the grant of judgment against Winston. Appellants ask us to reinstate the appeal and to stand on the briefs already submitted by the parties. We deny the motion. To reinstate the appeal, it will be necessary for appellants to file a supplemental record that includes the amended judgment and any notice of appeal filed from that judgment. Appellants will then be required to file a substituted brief that includes the amended judgment and notice of appeal in the addendum. Appellants’ substituted brief will be due fifteen days after the supplemental record is filed. Appellee’s brief will be due fifteen days after appellants’ brief is filed, or appellee may choose to rely on her former brief. Appellants’ reply brief will be due fifteen days after appellee files her brief or a notice to stand on her former brief. It is so ordered. B IRD, J., not participating. -2-

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