Michael W. Eason v. Arkansas Local Police and Fire Retirement System
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
EN BANC
CA08-493
August 27, 2008
MICHAEL W. EASON
APPELLANT
V.
ARKANSAS LOCAL POLICE AND
FIRE RETIREMENT SYSTEM,
a/k/a LOPFI
APPELLEE
APPEAL FROM THE OUACHITA
COUNTY CIRCUIT COURT
[CV-05-18-6]
HON. DAVID F. GUTHRIE,
JUDGE
MOTION GRANTED WITH
INSTRUCTIONS
On July 14, 2008, the appellee, Arkansas Local Police and Fire Retirement System
(LOPFI), filed a motion to correct the record in this case. It was alleged that the record before
this court did not contain the transcript of the administrative proceeding before the Board of
Trustees of LOPFI and that the Board had relied on the testimony therein to reach its
decision.
We agree that the transcript of the administrative proceeding is necessary to the
determination of this case and that it is not in the record, although it was apparently made
available to the Board below. Accordingly, we grant the motion to correct the record
pursuant to Rule 6(e) of the Arkansas Rules of Appellate Procedure-Civil. However, the
obligation to provide the record below was on the appellee pursuant to Arkansas Code
Annotated ยง 25-15-212 (d)(1) (Repl. 2002). Therefore, we order the appellee to file a
certified copy of the transcript of the administrative proceeding with the Circuit Clerk of
Ouachita County within fifteen days of the date of this opinion. The appellant will then have
fifteen days from the date of the filing of the transcript to transmit a corrected record to our
clerk along with a substituted brief, abstract, and addendum.
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