Walter A. McCullough v. Larry Norris, Director

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

NOVEMBER 29, 2001

WALTER A. MCCULLOUGH

APPELLANT

v.

LARRY NORRIS, DIRECTOR

APPELLEE

00-732

AN APPEAL FROM THE CIRCUIT COURT OF JEFFERSON COUNTY,

NO. CIV-99-269-1-3

HONORABLE FRED DAVIS,

CIRCUIT JUDGE

AFFIRMED

Walter McCullough has lodged an appeal in this court from an order of the Circuit Court of Jefferson County denying a petition for declaratory judgment in a civil matter. Because appellant's abstract is flagrantly deficient, we affirm.1

Appellant argues that the trial court erred in allowing a staff member of Larry Norris' to prevent appellant from offering proof that he had exhausted his administrative remedies. Appellant also contends that the trial court erred in failing to give him a hearing on his petition. Appellant's arguments fail because he has neglected to abstract any material parts of the record to support his allegations. In fact, appellant's brief does not even include an abstract category. There is a sectionthat appellant has titled Abstract of Court Order Dismissing, Petition For Declaratory Judgment; however, this section is actually the addendum portion of appellant's brief that is required by Ark. Sup. Ct. R. 4-2(8). In addition, appellant has not arranged his brief in order as required by Rule 4-2.

It is well established that the abstract is the record for purposes of appeal. Porter v. Porter, 329 Ark. 42, 945 S.W.2d 376 (1997). The burden is clearly placed on the appealing party to provide both a record and abstract sufficient for appellate review. Cosgrove v. City of West Memphis, 327 Ark. 324, 938 S.W.2d 827 (1997). In this case, appellant has failed to meet his burden of providing an abstract sufficient for review.

Affirmed.

1 Cases in which the record is lodged in the Supreme Court or Court of Appeals on or after September 1, 2001, will no longer be affirmed because of the insufficiency of the abstract without the appellant first having the opportunity to cure the deficiencies. See In re: Modification of the Abstracting System -- Amendments to Supreme Court Rules 2-3, 4-2, 4-3, 4-4, Ark. Appx. __, __ S.W.3d __ (2001) (per curiam).