Billy Mack Nichols, Jr. v. Larry Norris, Director, Arkansas Department of Correction et al.

ARKANSAS SUPREME COURT

No. 03-277

NOT DESIGNATED FOR PUBLICATION

BILLY MACK NICHOLS, JR.

APPELLANT

v.

LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, ET AL.

APPELLEES

Opinion Delivered April 14, 2005

APPEAL FROM THE CIRCUIT COURT OF JEFFERSON COUNTY, CIV2001-12-2-3, HON. FRED D. DAVIS, III, JUDGE

AFFIRMED

PER CURIAM

Billy Mack Nichols is an inmate in the Arkansas Department of Correction ("ADC"). Nichols filed a motion for declaratory judgment in Jefferson County Circuit Court. The trial court dismissed the motion for lack of proper venue. Nichols appealed the dismissal, and the decision was reversed and remanded in Nichols v. Norris, 349 Ark. 728, 80 S.W.3d 331 (2002). On remand, Nichols's motion was dismissed again. Appellant brings this appeal from that order.

The order indicates it is in response to a motion by the defendants/appellees for judgment on the pleadings under Ark. R. Civ. P. 12(c). However, the defendants' motion which resulted in the order is not in the record. Review of the motion of defendants/appellees is essential to our consideration of this appeal. Moreover, it is the responsibility of the appellant to bring a record to this court sufficient for our review of the issues presented. See e.g., Jones v. Flowers, ___Ark.___, ___S..W.3d___(November 18, 2004). Nichols failed to do that in this case. Accordingly, we must affirm.

Affirmed.