Russell v. Ne. Tex. Land & Timber
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION
ARKANSAS COURT OF APPEALS
DIVISION I
CA08-760
No.
RHONDA RUSSELL, INDIVIDUALLY
AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE
OF LARRY WAYNE RUSSELL, SR.,
DECEASED
APPELLANT
Opinion Delivered
April 1, 2009
APPEAL FROM THE LITTLE RIVER
COUNTY CIRCUIT COURT
[NO. CV-2006-154-2]
V.
HONORABLE CHARLES A.
YEARGAN, JUDGE
NORTHEAST TEXAS LAND & TIMBER
AND PERRY STEITLER
APPELLEES
REBRIEFING ORDERED
JOHN MAUZY PITTMAN, Judge
This is an appeal from the grant of summary judgment in a wrongful-death action.
We order rebriefing.
On appeal, we determine if summary judgment was proper based on whether the
evidence presented by the movant left a material question of fact unanswered. Parkerson v.
Lincoln, 347 Ark. 29, 61 S.W.3d 146 (2001). We approve the granting of the motion only
when the state of the evidence as portrayed by the pleadings, affidavits, discovery responses,
and admissions on file demonstrates that there remains no genuine issue of material fact and
the moving party is entitled to judgment as a matter of law. Id.
The addendum submitted by appellant in this case does not include the pleadings;
there are also admissions that have not been included.
Arkansas Supreme Court Rule
4-2(a)(8) requires that the addendum contain all relevant orders, pleadings, documents, and
exhibits in the record as are essential to an understanding of the case. It is impossible to
determine whether summary judgment was proper without any of the pleadings. The
pleadings and the order from which the appeal is taken are the bare essentials of an
addendum. See Stuart v. Well Water Construction Commission, 343 Ark. 369, 37 S.W.3d
573 (2001). Accordingly, we allow appellant fifteen days from the date of this opinion in
which to file a substituted brief, abstract, and addendum to cure any and all deficiencies, at
his own expense. See Ark. Sup. Ct. R. 4-2(b)(3). In the event that appellant fails to file a
complying brief within the requisite time period, the judgment may be affirmed for
noncompliance with the rule. See id.
Rebriefing ordered.
G LADWIN and H ENRY, JJ., agree.
-2-
CA08-760
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
