Merritt v. Ark. Dep't of Human Servs.

Cite as 2015 Ark. App. 362
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-15-120
Opinion Delivered JUNE 3, 2015
JESSICA MERRITT
APPELLANT APPEAL FROM THE GARLAND
COUNTY CIRCUIT COURT
V. [NO. JV-2014-595]
ARKANSAS DEPARTMENT OF HONORABLE VICKI SHAW COOK,
HUMAN SERVICES and MINOR JUDGE
CHILDREN
APPELLEES REMANDED TO SUPPLEMENT THE
RECORD; SUPPLEMENTAL
ADDENDUM ORDERED
M. MICHAEL KINARD, Judge
Appellant Jessica Merritt appeals from the order adjudicating her children
dependent-neglected. We cannot reach the merits of the appeal because Merritt’s brief does
not comply with Arkansas Supreme Court Rule 6-9, which governs appeals in dependency-
neglect cases. Rule 6-9 provides in pertinent part as follows:
Following the signature and certificate of service, the appellant’s petition shall contain
an addendum which shall include true and legible photocopies of the order,
judgment, decree, ruling, or letter opinion from which the appeal is taken, a copy of
the notice of appeal, and any other relevant pleadings, documents, or exhibits essential
to an understanding of the case, which may include, but are not limited to, affidavits,
petitions, case plan, court reports, court orders, or other exhibits entered into the
record during the hearing from which the appeal arose, and all orders entered in the
case prior to the order on appeal. The addendum shall include an index of its contents
and shall also designate where any item appearing in the addendum can be found in
the record.
Ark. Sup. Ct. R. 6-9(e)(2)(E).
Cite as 2015 Ark. App. 362
Among the prior orders entered in this case was the probable-cause order, which
appellant failed to include in her addendum. The trial court’s adjudication order, the order
from which this appeal is taken, recites the date the probable-cause order was entered and
the findings the court made therein. In Posey v. Arkansas Department of Health and Human
Services, 370 Ark. 1, 256 S.W.3d 504 (2007), the supreme court held that prior orders
considered by the trial court in reaching its decision were essential to an understanding of the
case and should be included in the appellant’s addendum.
The probable-cause order was also omitted from the record. Arkansas Supreme Court
Rule 6-9(c)(1) provides that
[t]he record for appeal shall be limited to the transcript of the hearing from which the
order on appeal arose, any petitions, pleadings, and orders relevant to the hearing
from which the order on appeal arose, all exhibits entered into evidence at that
hearing, and all orders entered in the case prior to the order on appeal.
If anything material to either party is omitted from the record, by error or accident, we may
direct that the omission be corrected, and, if necessary, that a supplemental record be
certified and transmitted. Ark. R. App. P.–Civ. 6(e). We remand the case and order
appellant to supplement the record within thirty days of the date of this opinion. Pursuant
to Arkansas Supreme Court Rule 4-2(b)(4), we further order appellant to submit a
supplemental addendum containing the omitted order within seven days from the date the
record is supplemented. See McBride v. Arkansas Department of Human Services, 2013 Ark.
App. 389.
Remanded to supplement the record; supplemental addendum ordered.
WHITEAKER and HOOFMAN, JJ., agree.
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Cite as 2015 Ark. App. 362
Dusti Standridge, for appellant.
Tabitha B. McNulty, Office of Policy & Legal Services, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor children.
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