DLC Props. LLC v. Carmike Cinemas Inc.

2014 Ark. App. 684

• Court: Court of Appeals of Arkansas
• Decided: December 3, 2014
• Docket: CV-14-265
• Status: Published

Opinion

Cite as 2014 Ark. App. 684

ARKANSAS COURT OF APPEALS DIVISION I No. CV-14-265

DLC PROPERTIES, LLC, d/b/a TWIN Opinion Delivered December 3, 2014 LAKES PLAZA, LLC APPELLANT APPEAL FROM THE BAXTER COUNTY CIRCUIT COURT V. [NO. CV-2010-55-4]

HONORABLE GORDON WEBB, CARMIKE CINEMAS, INC. and JUDGE EASTWYNN THEATRES, INC. APPELLEES SUPPLEMENTAL ADDENDUM ORDERED

DAVID M. GLOVER, Judge

This case stems from a dispute arising out of a lease agreement which bound DLC

Properties, LLC, d/b/a Twin Lakes Plaza, LLC (DLC) and Carmike Cinemas, Inc., and

Eastwynn Theatres, Inc. (Carmike). DLC appeals a jury verdict in favor of Carmike, and

Carmike cross-appeals the trial court’s ruling to deny its motion for attorneys’ fees. We do

not reach the merits of this appeal because DLC failed to comply with the Arkansas Supreme

Court Rules governing the contents of an addendum.

In any case where there was a jury trial, the jury’s verdict forms must be included in

the addendum. Ark. Sup. Ct. R. 4-2(a)(8)(A)(i) (2014). A review of DLC’s addendum

reveals that the verdict forms were not included. Because the inclusion of verdict forms is

mandatory, we remand this case for supplementation of the addendum. We order DLC to

file, within seven calendar days of this opinion, a supplemental addendum that includes the Cite as 2014 Ark. App. 684

trial court’s verdict forms. Ark. Sup. Ct. R. 4-2(b)(4). Additionally, we encourage DLC’s

counsel to review our rules to ensure that no other deficiencies are present.

Supplemental addendum ordered.

PITTMAN and WHITEAKER , JJ., agree.

Grayson & Grayson, by: Keith L. Grayson and Melanie L. Grayson, for appellant.

Trammell Law Firm, by: William D. Shelton, Jr., and Robert D. Trammell, for appellees.