Spriggs v. Ark. Local Police & Fire Ret. Bd.
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SLIP OPINION
Cite as 2009 Ark. App. 762
ARKANSAS COURT OF APPEALS
DIVISION III
No. CA09-216
ROBERT SPRIGGS
Opinion Delivered NOVEMBER
11, 2009
APPELLANT
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
[NO. CV-2006-10226]
V.
ARKANSAS LOCAL POLICE & FIRE
RETIREMENT BOARD
APPELLEE
HONORABLE COLLINS KILGORE,
JUDGE
REBRIEFING ORDERED
WAYMOND M. BROWN, Judge
Former North Little Rock police officer Robert Spriggs was denied retirement benefits
by the Arkansas Local Police and Fire Retirement Board (LOPFI). An appeal to the Pulaski
County Circuit Court was unsuccessful. Spriggs now comes before this court seeking reversal.
He argues that the circuit court erred in not remanding his case for an additional hearing and
that the decision of the board was in error. We order rebriefing, as Spriggs’s brief does not
comply with the rules of this court.
Spriggs had been an officer for the North Little Rock Police Department (NLRPD) for
eleven years. On September 24, 2002, he suffered a knee injury while carrying a heavy bag of
tools down some stairs. The injury occurred while he was on duty. He presented to the
company doctor, who prescribed anti-inflammatory medication and returned him to full duty.
Cite as 2009 Ark. App. 762
However, Spriggs later presented to his own doctors for more treatment. In March 2005, the
NLRPD was in the process of adopting a new light-duty policy, which required a mandatory
physical training test. The test required crawling, which Spriggs opined he was unable to do. He
subsequently applied for disability benefits, but his claim was denied by the executive director
of LOPFI. Subsequent appeals to the full board and to the Pulaski County Circuit Court were
unsuccessful. Spriggs now appeals to this court.
Spriggs’s brief does not comply with the rules of this court. Under Arkansas Supreme
Court Rule 4-2(a)(5), an appellant’s abstract should include, among other things, “colloquies
between the court and counsel and other parties as are necessary to an understanding of all
questions presented to the Court for decision.” In addition, Rule 4-2(a)(8) requires in the
addendum all “relevant pleadings, documents, or exhibits essential to an understanding of the
case.” Missing from Spriggs’s brief are the pleadings, the briefs, and the oral arguments
presented to LOPFI and the circuit court.
Spriggs has fifteen days from the date of this order in which to file a substituted brief
with an addendum and abstract containing the above listed matters. See Ark. Sup. Ct. R.
4-2(b)(3). Upon Spriggs’s filing the substituted brief, LOPFI will be afforded an opportunity
to revise its brief at the expense of Spriggs or his counsel. Id. If Spriggs fails to file a brief with
a complying addendum and abstract within the prescribed time, the judgment may be affirmed
for noncompliance with the rules.
Rebriefing ordered.
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Cite as 2009 Ark. App. 762
GRUBER and BAKER, JJ., agree.
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