Jeremy Cook and Ronnie Hedge v. the Most Worshipful Lodge, Free and Accepted Masons of the State of Arkansas, and Its Masonic Jurisdiction (Grand Lodge) Carl E. Nelson Robert L. Jackson Boyd Freeman Samuel D. Lattin George K. Coffman (Deceased) Arnold G. Hodge Charles H. Ferguson Martin E. Warren Billy Joe Holder Bradley R. Phillips George R. Franks, Jr. And Chris Young, All in Their Individual Capacities and in Their Official Capacities as Office Holders and Members of the Grand Lodge And John Does 1–25 ( 2022 )

Cite as 2022 Ark. App. 445ARKANSAS COURT OF APPEALS
No. CV-22-600
Opinion Delivered November 2, 2022
JEREMY COOK AND RONNIE HEDGE APPELLEES’ MOTION TO DISMISS
APPELLANTS APPEAL
[PULASKI COUNTY CIRCUIT
V. COURT, FIFTH DIVISION
[NO. 60CV-19-605]
THE MOST WORSHIPFUL LODGE,
FREE AND ACCEPTED MASONS OF HONORABLE WENDELL
THE STATE OF ARKANSAS, AND ITS GRIFFEN, JUDGE
MASONIC JURISDICTION (GRAND
LODGE); CARL E. NELSON; ROBERT
L. JACKSON; BOYD FREEMAN; DISSENTING OPINION ON
SAMUEL D. LATTIN; GEORGE K. GRANT OF MOTION TO DISMISS
COFFMAN (DECEASED); ARNOLD G. APPEAL
HODGE; CHARLES H. FERGUSON;
MARTIN E. WARREN; BILLY JOE
HOLDER; BRADLEY R. PHILLIPS;
GEORGE R. FRANKS, JR.; AND CHRIS
YOUNG, ALL IN THEIR INDIVIDUAL
CAPACITIES AND IN THEIR OFFICIAL
CAPACITIES AS OFFICE HOLDERS
AND MEMBERS OF THE GRAND
LODGE; AND JOHN DOES 1–25
APPELLEES
BRANDON J. HARRISON, Chief Judge
This case ended in circuit court when the circuit judge granted the defendants’
motion to dismiss under Ark. R. Civ. P. 12. I have reviewed the “record pleadings” part
of the record, which was timely filed with this court’s clerk. Given the nature of the
pleadings and the procedural posture of the case when it ended in circuit court, there is no
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reason to believe that lacking a “short” transcript of a Rule 12(b)(6) hearing will materially
impede any party’s ability to prosecute or defend this appeal on its merit. Nor do I see any
reason why this court would be prevented from understanding what happened in circuit
court on the record as is. For example, witness testimony is not usually (if ever) taken
during hearings under Rule 12(b)(6). Given the arguments made in this case against the
plaintiffs’ complaint, I cannot imagine anything new was added to the record. Argument
from counsel is, of course, important to receive and archive. But that does not mean that
the transcript had to be designated for inclusion in the appeal record. Hearing transcripts
are often helpful, and sometimes necessary, when conducting appellate review. But not
always. While we may not know exactly what occurred during the hearing, the papers we
have leave no reasonable doubt in my mind about what the parties argued at the Rule
12(b)(6) stage; and we have the circuit court’s written and detailed ruling. Because I am
not persuaded that the omitted transcript is material information to this appeal—it is almost
certainly a summary presentation of the parties’ ample briefing for, or against, the
complaint—I would deny the motion to dismiss this appeal.
I understand the majority’s decision to dismiss, citing Coggins v. Coggins, 353 Ark.
431, 108 S.W.3d 588 (2003). That case reads as a strong rebuke to an appellant doing what
was done here. That said, one cannot help but notice that our supreme court referenced
the state of the record in Coggins in some detail as it reached its conclusion to dismiss. In
my view, the essentially complete record that was timely filed in this court should trigger a
briefing schedule so that the parties’ merit arguments may begin. To honor Coggins’s
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command, however, the transcript in this case could be deemed “forfeited” because the
appellants did not fully exhaust the seven-month period available in circuit court to get the
transcript from the court reporter before filing a writ of certiorari in this court. Luckily for
the plaintiffs-turned-appellants, the record is otherwise sufficiently developed to decide the
issue raised in the notice of appeal.
* * *
I would deny the appellees’ motion to dismiss, deem the hearing transcript forfeited
à la Coggins, but direct the clerk to issue a briefing schedule forthwith.
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