ARKANSAS COURT OF APPEALS
DIVISION IV
No. E-12-317
Opinion Delivered October 23, 2013
ETHAN O. MOODY
APPELLANT
V. APPEAL FROM THE ARKANSAS
BOARD OF REVIEW
DIRECTOR, DEPARTMENT OF [NO. 2011-BR-1205]
WORKFORCE SERVICES, AND
ARKANSAS HIGHWAY AND
TRANSPORTATION
DEPARTMENT
APPELLEE REBRIEFING ORDERED
WAYMOND M. BROWN, Judge
Appellant appeals from the Board of Review’s denial of benefits to him under
(a)1 on finding that the claimant was discharged from his last work
for misconduct in connection with the work. On May 22, 2013, our court ordered rebriefing
because appellant’s abstract and addendum were deficient.2 Notwithstanding that counsel has
cured most of the deficiencies in his addendum, we must order rebriefing a second time.
Appellant has failed to cure the deficiencies in his abstract, namely, the inclusion of an
entire section entitled “Excerpts from Exhibits” in which he partially abstracts documents,
most of which were previously absent from, but are now properly included, in the addendum.
1
(Repl. 2012).
2
Moody v. Dir., Dep’t of Workforce Servs.,
Rule 4-2(a)(5)(A) of the Rules of the Arkansas Supreme Court and Court of Appeals states
the following:
Exhibits (other than transcripts) shall not be abstracted. Instead, material exhibits shall
be copied and placed in the addendum. If an exhibit referred to in the abstract is in the
addendum, then the abstract shall include a reference to the addendum page where the
exhibit appears.3
Appellant was expressly ordered to cure the deficiency in his abstract by submitting a
substituted abstract; however, he has essentially chosen to supplement the addendum only.
Appellant also partially abstracts the “Recommendations” section from the Arkansas
Highway and Transportation Department Summary of Allegations against appellant. The
document is in the record but is not included in the addendum. Rule 4-2(a)(8)(A)(i) of the
Rules of the Arkansas Supreme Court and Court of Appeals requires that “any document
essential to an understanding of the case and the issues on appeal” be included in the
addendum.
We will not address the merits of this case until it has been rebriefed as previously
ordered. Therefore, the appellant is ordered to file a substituted abstract, brief, and addendum
that complies with Rule 4-2 within fifteen days of the date of this opinion.4 The clerk shall
set the briefing schedule accordingly.
3
(2012).
4
Ark. Sup. Ct. R. 4-2(b)(3).
2
Cite as
We remind counsel that the examples we have noted are not to be taken as an
exhaustive list of deficiencies. Counsel is strongly encouraged to carefully review the rules to
ensure that no other deficiencies exist. Failure to file a compliant brief within fifteen days
could result in the Board of Review’s decision being summarily affirmed for noncompliance
with our rules.5 After service of the substituted abstract, brief, and addendum, appellee
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.6
Rebriefing ordered.
WALMSLEY and HIXSON, JJ., agree.
Larry J. Steele PLC, by: Larry J. Steele, for appellant.
Phyllis A. Edwards, for appellee.
5
Ark. Sup. Ct. R. 4-2(c)(2).
6
Appellee Arkansas Highway and Transportation Department did not submit a brief
in this matter.
3
