Robinson v. Barton

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Cite as 2010 Ark. App. 267 ARKANSAS COURT OF APPEALS DIVISION IV No. CA09-469 Opinion Delivered LINDA JO ROBINSON APPELLANT V. WALTER WHIT BARTON and BALL, BARTON & HOFFMAN FIRM APPELLEES March 31, 2010 APPEAL FROM THE DREW COUNTY CIRCUIT COURT [NO. CV2008-0007-3] HONORABLE JOHN BERTRAN PLEGGE, JUDGE REBRIEFING ORDERED LARRY D. VAUGHT, Chief Judge Appellant Linda Jo Robinson appeals from a grant of summary judgment in favor of her former attorney in a legal-malpractice action. We do not address the merits of the appeal at this time because appellant’s abstract does not comply with Arkansas Supreme Court Rule 4-2(a)(5). The abstract submitted by Robinson contains a verbatim recitation of the trial transcript. Instead, the relevant portions of the hearing record should have been submitted as an impartial first-person narrative. Ark. Sup. Ct. R. 4-2(a)(5); Lackey v. Mays, 100 Ark. App. 386, 269 S.W.3d 397 (2007). Appellant is granted leave to file a complying substituted brief and complying abstract within thirty days; however, if she fails to do so—within the prescribed time—we will summarily affirm the grant of summary judgment for noncompliance with the Rule. Ark. Sup. Ct. R. 4-2(b)(3). Rebriefing ordered. PITTMAN and BROWN, JJ., agree.

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