Kapach v. Carroll

Cite as 2015 Ark. App. 154
ARKANSAS COURT OF APPEALS
DIVISION II
No. CV-14-359
YOSEF KAPACH Opinion Delivered MARCH 4, 2015
APPELLANT
APPEAL FROM THE MARION
V. COUNTY CIRCUIT COURT
[NO. CV 2010-92-3]
BETTINE FIELD CARROLL HONORABLE JOHN R. PUTMAN,
APPELLEE JUDGE
REBRIEFING ORDERED
CLIFF HOOFMAN, Judge
This appeal follows a bench trial wherein the trial court dismissed appellant Yosef
Kapach’s complaint for unjust enrichment with prejudice. On appeal, he challenges the trial
court’s decision on the merits and its refusal to admit proferred Exhibit C-1 into evidence.
Because of deficiencies in the appellant’s abstract and addendum, we do not reach the merits
of this appeal and, instead, order rebriefing.
Arkansas Supreme Court Rule 4-2(a)(5) (2014) provides that “[t]he appellant shall
create an abstract of the material parts of all the transcripts (stenographically reported material)
in the record. Information in a transcript is material if the information is essential for the
appellate court to confirm its jurisdiction, to understand the case, and to decide the issues on
appeal.”
Here, the appellant’s abstract simply states that Exhibit C-1 was proffered to the court.
It fails to include the corresponding discussion regarding the admissibility of this exhibit,
Cite as 2015 Ark. App. 154
including the specific objection the appellee made to its admission. This information is
necessary to understand the case and decide this point on appeal. Therefore, we must order
rebriefing.
Additionally, the appellant’s amended complaint includes causes of action against two
additional parties, Marion County Abstract Company and Clarice Siegman. The trial court’s
judgment does not address the disposition of the claims against these parties, and the
addendum fails to include orders disposing of them. This information is essential for this court
to confirm its jurisdiction, and we order the appellant to supplement his addendum to include
the orders dismissing Marion County Abstract Company and Clarice Siegman.
Pursuant to Arkansas Supreme Court Rule 4-2(b)(3), the appellant is afforded an
opportunity to cure these deficiencies and has fifteen days within which to file a substituted
abstract, addendum, and brief. Upon the filing of such a substituted brief, the appellee will
be afforded an opportunity to revise or supplement her brief in the time prescribed by the
clerk. Id. The deficiencies we have noted are not to be taken as an exhaustive list, and we
encourage counsel for the appellant to review our rules to ensure that no other deficiencies
are present. Wells v. State, 2012 Ark. App. 151. If, after the opportunity to cure the
deficiencies, the appellant fails to file a complying abstract, addendum, and brief within the
prescribed time, the judgment may be affirmed for noncompliance with the rules. Id.
Rebriefing ordered.
ABRAMSON and HIXSON, JJ., agree.
Davis Law Firm, by: Steven B Davis; and Cherryhomes Law Firm, by: Michael Tom
Cherryhomes, for appellant.
Everett, Wales & Comstock, by: Jason H. Wales, for appellee.
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