Law Offices of Craig L. Cook v. Dir.

2013 Ark. App. 486

• Court: Court of Appeals of Arkansas
• Decided: September 11, 2013
• Docket: E-12-1135
• Status: Published

Opinion

Cite as 2013 Ark. App. 486

ARKANSAS COURT OF APPEALS DIVISION IV No. E-12-1135

THE LAW OFFICES OF CRAIG L. Opinion Delivered SEPTEMBER 11, 2013 COOK APPELLANT APPEAL FROM THE ARKANSAS BOARD OF REVIEW V. [NO. 2012-BR-02795]

DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES, and JUNE GURGEL-ANTESKI APPELLEES REBRIEFING ORDERED

KENNETH S. HIXSON, Judge

The Law Offices of Craig L. Cook (hereinafter “Cook” or “the law firm”) appeals the

decision of the Arkansas Board of Review that awarded unemployment-compensation

benefits to appellee June Gurgel-Anteski. The claimant was found to have been an employee

of the law firm who was discharged for reasons other than misconduct connected with the

work. Cook contends that the findings are not supported by substantial evidence, requiring

reversal. We order rebriefing.

Arkansas Supreme Court Rule 4-2 (2012) sets forth the requirements for appellate

briefs. In this instance, appellant’s brief does not contain the decisions of the administrative

agency from which it appeals, namely the decisions of the Appeal Tribunal and Board of

Review, as part of the addendum. Those decisions must be included pursuant to Rule 4-

2(a)(8)(A)(i). Additionally, appellant’s brief includes an abstract of the testimony, but it does Cite as 2013 Ark. App. 486

not include material “colloquies between the court and counsel” as mandated by Rule 4-

2(a)(5)(A). The transcript reflects a discussion on the record prior to testimony being taken

about the issues presented for decision, which is essential for us to determine what is properly

before us for review. We order appellant to include an abstract of that colloquy. Pursuant

to Rule 4-2(b)(3), we afford appellant the opportunity to cure these deficiencies within fifteen

days of the date of this opinion. Failure to file a compliant brief within fifteen days could

result in the Board’s decision being summarily affirmed for noncompliance with our rules.

After service of the substituted abstract, brief, and addendum, the Department of Workforce

Services shall have an opportunity to revise or supplement its brief in the time prescribed by

the court, or to rely on the brief previously filed in this appeal. See Moody v. Director, 2013

Ark. App. 350.

Rebriefing ordered.

WHITEAKER and VAUGHT, JJ., agree.

The Law Offices of Craig L. Cook, by: Trella A. Sparks and Craig L. Cook, for appellant.

Phyllis A. Edwards, for appellee.