Howard v. C & L Used Car Lot

2014 Ark. App. 339

Opinion

Cite as 2014 Ark. App. 339

ARKANSAS COURT OF APPEALS DIVISION I No.CV-13-746

Opinion Delivered May 28, 2014

RISIE RENE HOWARD ET AL. APPEAL FROM THE JEFFERSON APPELLANTS COUNTY CIRCUIT COURT [No. CV-2013-90-2] V. HONORABLE ROBERT H. WYATT, C & L USED CAR LOT and CITY OF JR., JUDGE PINE BLUFF APPELLEES AFFIRMED

LARRY D. VAUGHT, Judge

This is the second one-brief appeal filed by pro se appellant Risie Howard (joined by

other Pine Bluff, Arkansas, residents), appealing an order of the Jefferson County Circuit Court

dismissing (with prejudice) her request for a permanent injunction against appellee C & L Used

Car Lot and the City of Pine Bluff. We returned the first appeal for rebriefing pursuant to Ark.

Sup. Ct. R. 4-2(b)(3), which was modified by In re Modification of the Abstracting System, 345 Ark.

App’x 626 (2001) (requiring us to first allow rebriefing before summarily affirming).

In Howard v. C & L Used Car Lot, 2014 Ark. App. 109, we afforded Howard an

opportunity to cure the deficiencies in her first brief and gave her fifteen days to file a

substituted abstract, addendum, and brief at her own expense, which would conform to the

requirements of Rule 4-2(a)(5) and (8). However, we once again find Howard’s abstract and

addendum to be deficient such that we cannot reach the merits of the case. Specifically, she has

failed to reference essential proceedings and testimony in either the abstract or the addendum Cite as 2014 Ark. App. 339

of the brief she filed with our court. Howard failed to abstract several pages of the court’s

questioning of an essential witness. Because these essential components of the record are not

included in Howard’s second attempt at appeal in either the abstract or the addendum, despite

being specifically directed to the deficiencies in our prior opinion, we affirm the lower court’s

ruling for noncompliance with Ark. Sup. Ct. R. 4-2 (2013), which specifically permits that “[i]f

after the opportunity to cure the deficiencies, the appellant 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.”

Affirmed.

GLADWIN, C.J., and BROWN, J., agree.

George Howard, Jr. Legal Center, by: Risie Howard, for appellant.

No response.