Charles L. Daniels II, Individually Charles L. Daniels II, on Behalf of Payton Daniels, a Minor And Charles L. Daniels II, as Special Administrator of the Estate of Harmony Lynn Williams Daniels v. C. Wayne Lyle, M.D. C. Wayne Lyle, M.D., P.A. Medical Services Group, Ltd. Baptist Health And Diamond Risk Insurance, LLC

2024 Ark. App. 350

• Court: Court of Appeals of Arkansas
• Decided: May 29, 2024
• Status: Published

Opinion

Cite as 2024 Ark. App. 350 ARKANSAS COURT OF APPEALS DIVISION I No. CV-22-336

CHARLES L. DANIELS II, Opinion Delivered May 29, 2024

INDIVIDUALLY; CHARLES L. APPEAL FROM THE PULASKI DANIELS II, ON BEHALF OF PAYTON COUNTY CIRCUIT COURT, FOURTH DANIELS, A MINOR; AND CHARLES L. DIVISION DANIELS II, AS SPECIAL [NO. 60CV-18-5971] ADMINISTRATOR OF THE ESTATE OF HARMONY LYNN WILLIAMS DANIELS, DECEASED HONORABLE HERBERT T. WRIGHT, APPELLANTS JR., JUDGE

V.

C. WAYNE LYLE, M.D.; C. WAYNE LYLE, M.D., P.A.; MEDICAL SERVICES GROUP, LTD.; BAPTIST HEALTH; AND DIAMOND RISK INSURANCE, LLC REMANDED TO SUPPLEMENT THE APPELLEES RECORD

RITA W. GRUBER, Judge

This appeal is from an order granting summary judgment in a civil action following

the death of Harmony Daniels. The appellants—Harmony’s husband, minor child, and

estate—ask this court to reverse the circuit court’s order granting the appellees’ motions for

summary judgment. The appellees are medical providers who provided services to Harmony.

The appellants argue that they consistently pled and argued that the appellees’ alleged

negligence “lies within the jury’s comprehension as a matter of common knowledge” but that the circuit court used a burden of proof that would have applied only if expert testimony

had been required.

We decline to reach the merits of the appellants’ arguments at this time because the

case is remanded to supplement the record and to correct deficiencies in the electronic

record.

According to the order granting the appellees’ renewed motions for summary

judgment, the circuit court considered the following: the files and records of the case, the

pleadings of the parties, and the arguments presented at the January 31, 2022, hearing. The

appellants designated an abbreviated record in their notice of appeal. However, the record

before this court includes only the appellants’ original complaint but does not include the

first, second, and third amended complaints. Nor does the record contain the appellees’

original motions for summary judgment that were renewed and the order denying those

motions, even though at least certain appellees reference those original motions in their

renewed motions. Further, the record does not include the parties’ expert disclosures, the

responses and replies to the various motions for summary judgment and renewed motions,

or the transcript of the January 31 hearing.

Under Arkansas Rule of Appellate Procedure–Civil 6(c), “[w]here parties in good

faith abbreviate the record by agreement or without objection from opposing parties, the

appellate court shall not affirm or dismiss the appeal on account of any deficiency in the

record without notice to appellant and reasonable opportunity to supply the deficiency.” In

addition, under Rule 6(e), this court can sua sponte direct the parties to supply any omitted

2 material by filing a certified, supplemental record. As a general rule, the record must include

all material information that a circuit court considered when granting a party’s motion for

summary judgment. See Verdier ex rel. Verdier v. Verdier, 362 Ark. 660, 210 S.W.3d 123 (2005).

In order to adequately review the order of summary judgment, this court must have before

it the pleadings, the other documents, and the January 31 hearing testimony that the circuit

court considered.

Pursuant to Arkansas Rule of Appellate Procedure–Civil 6(c) and (e), we remand this

case to supplement the record with the amended complaints, all motions for summary

judgment and responses and replies thereto, all orders regarding motions for summary

judgment, all expert disclosures, the transcript from the January 31 hearing, and any other

pleadings or documents essential to the decision of the questions presented on appeal. We

direct appellants to resubmit a supplemented certified copy of the record within forty-five

days.

Remanded to supplement the record.

ABRAMSON and WOOD, JJ., agree.

Joe Woodson, for appellants.

Wright, Lindsey & Jennings LLP, by: Gary D. Marts, Jr., and David C. Jung, for separate

appellees Baptist Health and Diamond Risk Insurance, LLC.

Friday, Eldredge & Clark, LLP, by: T. Michelle Ator, for separate appellees C. Wayne

Lyle, M.D.; C. Wayne Lyle M.D., P.A.; and Medical Services Group, Ltd.