Bubba Properties, LLC v. Ronny Bell
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ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
SARAH J. HEFFLEY, JUDGE
DIVISION II
CA08-92
May 28, 2008
BUBBA PROPERTIES, LLC
APPELLANT
v.
RONNY BELL
APPELLEE
AN APPEAL FROM COLUMBIA COUNTY
CIRCUIT COURT
[NO. CV2004-49]
HONORABLE DAVID GUTHRIE,
JUDGE
REMANDED TO SUPPLEMENT THE RECORD;
REBRIEFING ORDERED
This case began as a lawsuit by Farmers Bank against appellant and four guarantors to
collect on two past-due loans. Appellant, along with one of the guarantors, Leslie Lewis,
counterclaimed against Farmers and filed a third-party complaint against appellee, attorney
Ronny Bell, for legal malpractice. The trial court granted summary judgment to Bell, and
appellant appeals from that order. We remand for supplementation of the record and order
rebriefing.
The record contains final judgments on all claims except Farmer’s original suit against
appellant. We have reason to believe that Farmers’s claim was resolved by a January 2005
consent judgment listed in the docket sheet. However, the docket sheet does not mention the
parties to the judgment, and the judgment was apparently omitted from the record, despite
appellant’s designation of the entire record on appeal. We are therefore unable to determine
whether all claims against all parties have been resolved and, consequently, unable to
determine whether the order appealed from is final. See Ark. R. Civ. P. 54(b). Because a final
order is essential to our jurisdiction, see generally McKinney v. Bishop, 369 Ark. 191, ___
S.W.3d ___ (2007), we remand the case to the trial court to supplement the record with a
certified copy of the January 2005 judgment. See Ark. Sup. Ct. R. 3-5(a); Ark. R. App.
P.–Civil 6(e). Appellant has thirty days from today to file the supplemental record with our
clerk’s office.
We also order rebriefing. Arkansas Supreme Court Rule 4-2(a)(5) requires that
material portions of depositions be abstracted in the same manner as witness testimony. The
depositions in appellant’s addendum should be removed and abstracted as required. Further,
appellant should include in its addendum a copy of Lewis’s nonsuit against appellant and the
material in the supplemental record so that we may determine our jurisdiction on appeal. Ark.
Sup. Ct. R. 4-2(a)(8). Appellant’s substituted abstract, brief, and addendum is due fifteen days
after the supplemental record is filed.
Remanded to supplement the record; rebriefing ordered.
GRIFFEN and GLOVER, JJ., agree.
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