Horton v. Stovall (Per Curiam)
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The Supreme Court reversed the judgment of the court of appeals affirming summary judgment, not on the merits, but based on remediable record-citation errors in Appellant's brief, holding that the record citation errors should not have been fatal to the appeal absent a reasonable opportunity to cure the defects.
In this litigation involving the dissolution of Robbie Lesa Hames Horton and Kimberly Stovall's personal and business relationship, Horton appealed a severance order and three summary judgments. The court of appeals affirmed, primarily faulting Horton for citing to documents in the appendix of her appellate brief instead of providing citations to the clerk's record. The Supreme Court reversed, holding that Horton was entitled to, at a minimum, a reasonable opportunity to correct the defective record citations in her appendix documents, which the court of appeals knew were actually included in the summary judgment record.
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