Coulter v. Griffin

Cite as 2013 Ark. App. 635
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-13-208
Opinion Delivered November 6, 2013
MINNIE M. COULTER
APPELLANT APPEAL FROM THE MILLER
COUNTY CIRCUIT COURT
V. [NO. CV-2012-243-2]
HONORABLE TED CAPEHART,
HONORABLE JOE GRIFFIN, JUDGE
CIRCUIT JUDGE, ET AL.
APPELLEES REBRIEFING ORDERED
JOHN MAUZY PITTMAN, Judge
Minnie M. Coulter, pro se, brings this appeal from a Miller County Circuit Court
order purportedly denying her requested relief and dismissing her claims against numerous
defendants. Appellant’s abstract, addendum, and brief do not conform to the requirements
of Ark. Sup. Ct. R. 4-2, and we order appellant to file a substituted brief that complies with
the rules.
The deficiencies in appellant’s abstract, brief, and addendum are many, ranging from
failure to include the order appealed from in her addendum to an argumentative statement
of the case to a failure to comply with the spacing style required by Ark. Sup. Ct. R. 4-1.
We are, at this juncture, particularly concerned with the absence from the addendum of a
December 13, 2012, notice of appeal, because we must review it to determine the threshold
question of whether our jurisdiction has been properly invoked by a timely and otherwise
effective notice of appeal.
Cite as 2013 Ark. App.
Pro se appellants must follow the rules of appellate procedure and, in doing so, are held
to the same standard as attorneys. Parkerson v. State, 2013 Ark. App. 297. Because our
recitation of the deficiencies in her brief is not exhaustive, we encourage appellant to carefully
review our rules to ensure that no other deficiencies are present; we note that a second failure
to file a conforming brief may result in affirmance for noncompliance with our rules. Ark.
Sup. Ct. R. 4-2(c)(2). A model brief is available on the Arkansas Judiciary website
(https://courts.arkansas.gov/system/files/Arkansas_Model_Appellants_Brief_March_2010_
Update_0.pdf ). Appellant has fifteen days from the date of this opinion to file a substituted
abstract, brief, and addendum that complies with the rules. After service of appellant’s
substituted brief, appellees shall have the opportunity to revise or supplement their briefs
within fifteen days.
Rebriefing ordered.
GLADWIN, C.J., and WOOD, J., agree.
Minnie M. Coulter, pro se appellant.
Dustin McDaniel, Att’y Gen., by: Dennis R. Hansen, Deputy Att’y Gen., for appellees
Hon. Joe Griffin and Hon. Kirk Johnson; Wyly Rommel, PLLC, by: Sean F. Rommel, for
appellees First Data Merchant Services Corporation and Sean F. Rommel.
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