Kirkland v. Sandlin
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Cite as 2011 Ark. 106
SUPREME COURT OF ARKANSAS
No.
10-1059
REAGEN CRAIG KIRKLAND,
APPELLANT,
VS.
J. SCOTT SANDLIN AND ALLISON C.
SANDLIN, HUSBAND AND WIFE,
APPELLEES,
Opinion Delivered
March 10, 2011
APPEAL FROM THE WASHINGTON
COUNTY CIRCUIT COURT,
NO. CV 2008-4144-4,
HON. MARY ANN GUNN, JUDGE,
REBRIEFING ORDERED.
PER CURIAM
Appellant Reagen Craig Kirkland appeals from the circuit court’s order finding a
boundary by agreement with respect to property between Kirkland’s home and the home of
appellees, J. Scott Sandlin and Allison C. Sandlin, husband and wife. Kirkland argues on
appeal that the circuit court erred in (1) failing to find that the agreement as to the boundary
line was the product of an unconscious mutual mistake, which was corrected by Kirkland; and
(2) failing to find that Kirkland was entitled to possession of the disputed area and that the
Sandlins should have been ejected from that area. Due to deficient briefing, however, we are
precluded from reaching the merits of the appeal at this time.
Arkansas Supreme Court Rule 4-2(a)(8)(A)(i) (2010) makes clear that “[t]he addendum
must include” all “related briefs, concerning the order, judgment, or ruling challenged on
appeal.” A review of the instant record reveals several trial briefs relied on by the circuit court,
Cite as 2011 Ark. 106
but omitted from Kirkland’s addendum. We must therefore order rebriefing.
Because Kirkland has failed to comply with our rules, we order him to file a substituted
brief, which complies with our rules, within fifteen days from the date of entry of this order,
pursuant to Ark. Sup. Ct. R. 4-2(b)(3). We further encourage appellate counsel, prior to filing
the substituted brief, to review our rules and Kirkland’s substituted brief to ensure that no
additional deficiencies are present. We further note that, if after the opportunity to cure the
deficiencies, Kirkland fails to file a complying abstract, addendum, and brief within the
prescribed time, the judgment or decree may be affirmed for noncompliance with the rule.
See Ark. Sup. Ct. R. 4-2(b)(3).
Rebriefing ordered.
-2-
10-1059
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