Fluker v. Helena W.-Helena Pub. Sch. Dist.

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Cite as 2012 Ark. 101 SUPREME COURT OF ARKANSAS No. 11-793 LAKETHA BROWN FLUKER; BETTYE HENDRIX; ESSIE JONES; DICK HENDRIX; ELIZABETH RENEE VALLEY; TOMMY HUNT; OLLIE RA YFORD; OTIS W. HOWE; DARLENE MAYWEATHER; JARED ZEISER; MONTY WIGGINS; EUGENE JOHNSON; WESLEY N. FREEMYER; ALICE VALLEY; ALAN J. LEVINE; DOROTHY FRANKLIN; EDDIE SCHIEFFLER; ELIJAH VALLEY; BARBARA KING; LEOLA JAMERSON; VANCE ST. COLUMBIA; LORENZO VALLEY; JOE ST. COLUMBIA; LATOYA BRYANT; JOHNNY MCKENZIE; M A RK FITZPATRICK; LARRY CRUMBY; CONSTANCE JARRETT; REV. ROCKEY STARNES; MAXINE B A L L; ROBERT LEE; LINDA WHITFIELD; BILLY RAY; LEWIS O NEAL; LAYMON PIERCY; FANNIE M. O NEAL; LARRY JOHNSTON; DERRICK FLUKER; CATHY CUNNINGHAM; JACQUELINE BOLES; MINDY MAUPIN; KATHEENYA MILLS; SHARON GREENE; EDDIE CALHOUN; UNDRAYE WILSON; PAM HALL; RAMON BURGESS; BETTY HILL; SHALA BURGESS; WATSON LIGHT; REV. LARRY EDWARDS; LAURIE LIGHT; WALTER ANN NELSON; KIMBERLY LIGHT; ROTONDRA ROSS; WANDA CROCKETT; RUBY HARDINSON; AND EVELYN LEWIS, INDIVIDUALLY AND FOR AND ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED APPELLANTS Opinion Delivered March 1, 2012 APPEAL FROM THE PHILLIPS COUNTY CIRCUIT COURT, [NO. CV-2005-162-3] HON. BENTLEY E. STORY, JUDGE Cite as 2012 Ark. 101 V. HELENA - WEST HELENA PUBLIC SCHOOL DISTRICT; LIONELL MOSS, RAYNE GORDON, RAYMOND SIMES, JESSE SMITH, BOBBY JONES, C.R. WALKER, AND LARRY WILSON, AS MEMBERS OF ITS BOARD OF DIRECTORS; LINDA FAYE WHITE, IN HER CAPACITY AS COUNTY CLERK; THE PHILLIPS COUNTY ELECTION COMMISSION; AND JOANN SMITH, AS CHAIR OF THE PHILLIPS COUNTY ELECTION COMMISSION APPELLEES SUPPLEMENTAL ADDENDUM AND SUPPLEMENTAL RECORD ORDERED. PER CURIAM Appellants appeal from an order of the Phillips County Circuit Court denying their request for attorneys fees. We order appellants to file a supplement to both the addendum and the record within seven calendar days to cure deficiencies. Arkansas Supreme Court Rule 4-2(a)(8) (2011) requires that an appellant s brief include an addendum consisting of all documents essential to the appellate court s resolution of the issues on appeal. Here, appellant failed to include two briefs filed with the circuit court, at the circuit court s request, regarding attorneys fees, the issue now on appeal. At a hearing held on October 2, 2009, the circuit court asked the appellees to give it another copy of a previously submitted supplemental brief regarding attorneys fees and for 2 Cite as 2012 Ark. 101 the appellants to respond. Appellants submitted a post-hearing brief on January 10, 2010, and the appellees relied on their previously filed supplemental brief. These briefs were not included in the addendum nor the record lodged on appeal, although the appellees included their brief in a supplemental addendum. On December 5, 2011, the appellees filed a motion to supplement the record with both of the above-mentioned post-hearing briefs. Our clerk issued a writ of certiorari, ordering the circuit court clerk to complete the record to correct the alleged deficiencies. A supplemental record was filed; however, it contained only the appellees supplemental brief. The post-hearing brief filed by the appellants remains absent from the record and the addendum without explanation. Because the appellants have not included their post-hearing brief in the addendum, we order appellants to correct this deficiency by filing a supplemental addendum within seven calendar days from the date of this opinion. See Ark. Sup. Ct. R. 4-2(b)(4); see also In re 4-2(b) of the Rules of the Supreme Court, 2011 Ark. 141 (per curiam). Further, because the addendum shall not contain any document or material that is not in the record, see Ark. Sup. Ct. R. 42(a)(8), we direct appellants to supply the omitted material by filing a certified, supplemental record within seven calendar days. See Ark. R. App. P. Civ. (6)(e). Supplemental addendum and supplemental record ordered. 3