Wonder v. McLeese
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ARKANSAS COURT OF APPEALS
DIVISION I
No.
CA08-1458
BRENDA WONDER and RONNIE
WONDER,
APPELLANTS
V.
NANCY MCLEESE,
Opinion Delivered 2
SEPTEMBER 2009
APPEAL FROM THE UNION
COUNTY CIRCUIT COURT,
[NO. CV-07-298-4]
THE HONORABLE CAROL
CRAFTON ANTHONY, JUDGE
APPELLEE
REBRIEFING ORDERED
D.P. MARSHALL JR., Judge
When Ronnie and Brenda Wonder stopped making monthly payments to
Nancy McLeese on the parties’ contract for sale of two lots and a house trailer in El
Dorado, McLeese gave notice to vacate and then filed this unlawful-detainer action.
The circuit court held a bench trial and ruled for McLeese. The Wonders appeal. The
issue presented is whether, in light of the parties’ contract and all the circumstances, the
Wonders forfeited their pre-default payments or an equitable mortgage exists.
We order rebriefing. A deficiency in the Wonders’ abstract means that we
“cannot reach the merits of the case.” Ark. Sup. Ct. R. 4-2(b)(3). The Wonders have
failed to abstract their arguments at trial about why they contend they are entitled to
an equitable interest in the property. The Wonders must demonstrate preservation or
we cannot address those arguments on appeal. Laird v. Weigh Systems South II, Inc., 98
Ark. App. 393, 398, 255 S.W.3d 900, 904 (2007). The addendum needs to be cleaned
up too. The circuit court’s letter opinion, which was attached to and incorporated in
the final order, is not in the addendum. It needs to be. Ark. Sup. Ct. R. 4-2(a)(8).
The record suggests that the Wonders gave the circuit court a trial brief and perhaps
a post-trial brief. These briefs are not in the addendum and we cannot find them in
the record either. We leave to the parties whether the record needs supplementing.
Ark. R. App. P.—Civil 6(e); McDermott v. Sharp, 371 Ark. 462, 465, 267 S.W.3d 582,
585 (2007) (holding that “it is the appellant’s burden to bring up a record sufficient to
demonstrate that the trial court was in error”).
The Wonders shall have thirty days to file a substituted abstract, brief, and
addendum. If they do so, McLeese will have thirty days thereafter to file a substituted
appellee’s brief. If the Wonders do not file a new abstract, brief, and addendum, then
we will decide the case on the current papers.
Rebriefing ordered.
HART and GLOVER, JJ., agree.
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