ARKANSAS COURT OF APPEALS
DIVISION IV
CV-15-937
No.
REBECCA K. MCMAHEN OPINION DELIVERED: MARCH 15, 2017
APPELLANT
APPEAL FROM THE POPE
COUNTY CIRCUIT COURT
V. [NO. 58CV-15-063]
HONORABLE KEN D. COKER, JR.,
KENNETH MACK ROBINSON AND JUDGE
AMERICAN EXPRESS CENTURION
BANK SUPPLEMENTAL ADDENDUM
APPELLEES ORDERED
ROBERT J. GLADWIN, Judge
Rebecca McMahen appeals the August 14, 2015 order of the Pope County Circuit
Court denying her petition for declaratory judgment. In denying the petition, the trial
court determined that the three-year statute of limitations provided in Arkansas Code
Annotated section 4-59-209 (Repl. 2011) did not apply to prevent appellee Kenneth Mack
Robinson from obtaining, under the doctrine of laches, an order setting aside the August
23, 2007 quitclaim deed appellant received from her husband, David McMahen. Rebecca
argues that the trial court improperly applied the statute and erred in finding that David had
a curtesy interest to which Robinson’s judgment lien could attach. We do not reach the
merits of the argument because the addendum contained in the appellate brief does not meet
the requirements under our rules.
Cite as
On August 19, 2015, Rebecca filed a postjudgment motion citing Arkansas Rule of
Civil Procedure 60 (2015). Robinson filed a response thereto on September 2, 2015, and
the circuit court denied the motion by order filed September 10, 2015. None of these
pleadings appear in the addendum of Rebecca’s brief, nor have they been supplemented by
Robinson.
Arkansas Supreme Court Rule 4-2(b)(8)(A)(i) (2016) provides that the addendum
must include all motions, including posttrial and postjudgment motions, responses, and
orders from which the appeal is taken. Rebecca’s notice of appeal filed September 18, 2015,
purports to appeal the September 10, 2015 order denying Rebecca’s postjudgment motion.
Rule 4-2 also provides that if this court determines that deficiencies or omissions in the
abstract or addendum need to be corrected, but complete rebriefing is not needed, then the
court will order appellant to file a supplemental abstract or addendum within seven calendar
days to provide the additional materials from the record to the members of the appellate
court. Ark. Sup. Ct. R. 4-2(b)(4).
Accordingly, we order appellant Rebecca McMahen to file a supplemental
addendum within seven calendar days of the date of this opinion. We encourage careful
and thorough review of our rules to ensure that no additional deficiencies are present.
Supplemental addendum ordered.
HARRISON and MURPHY, JJ., agree.
Jon R. Sanford, P.A., by: Jon R. Sanford, for appellant.
Niswanger Law Firm PLC, by: Stephen B. Niswanger and Benjamin M. Ross, for
appellee.
2
