Gerking v. Hogan ( 2015 )

Cite as 2015 Ark. App. 450
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-15-136
CHERYL ANN GERKING AND MILES Opinion Delivered September 9, 2015
GERKING
APPELLANTS APPEAL FROM THE POLK
COUNTY CIRCUIT COURT
[NO. DR-2011-0491]
V.
HONORABLE J.W. LOONEY,
JUDGE
BRIAN HOGAN REMANDED TO SETTLE AND
APPELLEE SUPPLEMENT THE RECORD;
SUPPLEMENTAL ADDENDUM
ORDERED
RAYMOND R. ABRAMSON, Judge
Appellants Cheryl Ann Gerking and Miles Gerking assert that the Polk County Circuit
Court entered an order on September 18, 2013, awarding them visitation with their two
grandchildren. According to the Gerkings, the order granted them three weeks of summer
visitation and alternating weekend visitation with their grandchildren. The Gerkings’ deceased
daughter, Jodie, the children’s mother, was divorced from Brian Hogan, the appellee, who had
primary custody of the two children.1
On July 28, 2014, the Gerkings filed a petition to intervene and have Hogan held in
contempt for denying them their court-ordered visitation. The Gerkings alleged that Hogan
had refused to allow the Gerkings visitation. Hogan claimed that he refused to let the children
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Appellee Brian Hogan has not filed a response in the instant case.
Cite as 2015 Ark. App. 450
visit the Gerkings because of their excessive use of alcohol when the children were in their
presence. Hogan requested that the court deny the petition for contempt.
On October 23, 2014, the trial court held a hearing on the visitation issue. In an order
entered on December 3, 2014, the court denied the petition for contempt and reduced the
Gerkings’ visitation to nine hours once a month. The Gerkings appeal from this order.
We cannot address the merits of the Gerkings’ arguments because the original order
granting them visitation, entered on September 18, 2013, is not included in the record or in the
addendum. If anything material to either party is omitted from the record by error or accident,
we may direct that the omission be corrected and that a supplemental record be certified and
transmitted. Whitson v. State, 2013 Ark. App. 730; Ark. R. App.P.–Civ. 6(e).
Arkansas Supreme Court Rule 4-2(a)(8)(A)(i) (2014) states that the addendum must
include all relevant pleadings, orders, documents, and exhibits in the record that are essential
to an understanding of the case. Appellants have seven days after the record has been
supplemented to file a supplemental addendum. Ark. Sup. Ct. R. 4-2(b)(4). We encourage
appellants to carefully examine the record and review our rules to ensure that no additional
deficiencies are present.
Remanded to settle and supplement the record; supplemental addendum ordered.
GRUBER and HOOFMAN, JJ., agree.
Orvin W. Foster, for appellants.
No response.
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