Heirs of Duncan v. Alfred T. Williams Living Trust , 2013 Ark. App. 452 ( 2013 )

Cite as 2013 Ark. App. 452ARKANSAS COURT OF APPEALS
DIVISION IV
No. CV-13-103
HEIRS OF MANCIL AND SYLVIA Opinion Delivered AUGUST 28, 2013
DUNCAN, ET AL.
APPELLANTS APPEAL FROM THE CLEBURNE
COUNTY CIRCUIT COURT
V. [NO. CV-09-78-4]
HONORABLE TIM WEAVER,
ALFRED T. WILLIAMS LIVING JUDGE
TRUST and MARCEIL E. SIBERT
LIVING TRUST REBRIEFING ORDERED
APPELLEES
KENNETH S. HIXSON, Judge
On April 2, 2009, appellees Alfred T. Williams Living Trust and Marceil E. Sibert
Living Trust filed a complaint to quiet title to mineral interests to an eighty-acre tract of
property in Cleburne County. On July 27, 2009, the trial court entered a decree quieting
title to the mineral interests in the appellees.
On April 19, 2010, the appellants, Heirs of Mancil and Sylvia Duncan, et al., filed a
petition to set aside the decree quieting title to the appellees. The appellants subsequently
moved for summary judgment. On October 15, 2012, the trial court entered an order
denying appellants’ motion for summary judgment and dismissing their petition to set aside
the decree. The appellants now appeal from the October 15, 2012 order. On appeal, the
appellants argue that the trial court did not have jurisdiction to enter the decree quieting title
Cite as 2013 Ark. App. 452in the appellees on July 27, 2009, due to lack of proper service. We order rebriefing for the
appellants to supplement their addendum.
Arkansas Supreme Court Rule 4-2(a)(8)(A) provides that an appellant’s addendum shall
contain documents in the record on appeal that are essential for the appellate court to confirm
its jurisdiction, to understand the case, and to decide the issues on appeal. The addendum
must contain the relevant pleadings and motions that were before the trial court. Rule 4-
2(b)(4) provides:
If the appellate 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 the 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.
The appellants’ addendum is deficient because it fails to include its petition to set aside
the decree quieting title. Moreover, the addendum does not contain the appellees’ response
to appellants’ petition. Accordingly, the appellants have seven calendar days in which to file
a supplemental addendum in compliance with the Rule. Ark. Sup. Ct. R. 4-2(b)(4). This
list may not be inclusive of the missing and necessary pleadings, motions, and briefs that
should be included in the addendum, and we encourage appellants’ counsel to review the
Rules of the Arkansas Supreme Court, as well as the record and addendum, to ensure that no
additional deficiencies are present.
Rebriefing ordered.
WHITEAKER and VAUGHT, JJ., agree.
Drew E. Smith, for appellants.
Richard Mays Law Firm, PLLC, by: Richard H. Mays, for appellees.
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