Billy Mack Nichols v. P. Arnold

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 27, 2002

BILLY MACK NICHOLS

Appellant

v.

P. ARNOLD

Appellee

01-961

APPEAL FROM THE CIRCUIT COURT OF JEFFERSON COUNTY, CIV 2001-79-1-3, HONORABLE FRED D. DAVIS III, JUDGE

AFFIRMED

Appellant, an inmate in the Arkansas Department of Correction, brings this appeal from the Jefferson County Circuit Court's dismissal without prejudice of his motion for declaratory judgment. We cannot reach the merits of appellant's claims because he has failed to include an abstract in his brief. See Hubbard v. State, 334 Ark. 321, 324, 973 S.W.2d 804, 805 (1998).

Arkansas Supreme Court Rule 4-2(a)(6) requires an appellant to include an abstract consisting of the material parts of the record that are necessary to an understanding of the questions presented for decision. It is the appellant's burden to produce a record sufficient to demonstrate error. Johnson v. State, 342 Ark. 357, 361, 28 S.W.3d 286, 288 (2000). Appellant's noncompliance with Rule 4-2(a)(6) requires that we affirm the order of the circuit court.

Affirmed.1

1 Although we previously ordered rebriefing pursuant to our modified Rule 4-2, Nichols v. P. Arnold, 01-961 (Ark. Sup. Ct. Feb. 21, 2002), the appellee correctly notes that the modified ruleis inapplicable to appellant's appeal because the record was lodged on August 31, 2001. In either case, appellant failed to provide an abstract in compliance with Rule 4-2(a)(6).