Anderson v. Thomas

Cite as 2013 Ark. App. 485ARKANSAS COURT OF APPEALS
DIVISION IV
No. CV-12-1040
Opinion Delivered SEPTEMBER 11, 2013
GREGG ANDERSON APPEAL FROM THE SALINE
APPELLANT COUNTY CIRCUIT COURT
[NO. DR-07-951-1]
V.
HONORABLE BOBBY D.
MCCALLISTER, JUDGE
BRANDY THOMAS
APPELLEE REBRIEFING ORDERED
KENNETH S. HIXSON, Judge
This appeal involves the modification of custody of two minor children. Because the
appellant has submitted a brief without a complete addendum in violation of Arkansas
Supreme Court Rule 4-2(a)(8), we order appellant to file a supplemental addendum.
Gregg Anderson, appellant, and Brandy (Thomas) Anderson, appellee, were divorced
in Saline County Circuit Court on January 6, 2009. The parties agreed at the time of divorce
that they would share joint custody of their minor children, but that Gregg would have
primary custody subject to Brandy’s specific visitation rights. On May 4, 2010, the parties
entered into an agreed order that allowed Gregg to move to Conway with the children and
live with his new wife, Sandy. Under the agreed order, Gregg remained the primary
custodian and Brandy’s visitation was modified.
Cite as 2013 Ark. App. 485On May 4, 2011, Brandy filed a motion to change custody in Saline County Circuit
Court, and Gregg filed a countermotion. After multiple hearings, the trial court entered an
order on August 7, 2012, finding that there had been a material change in circumstances and
awarding primary custody to Brandy. Gregg appeals, arguing that the trial court erred in
finding that there had been a material change of circumstances affecting the best interests of
the children.
In the trial court’s order it based its finding of a material change in circumstances on
several factors, including a video of Brandy and her father. This video, a DVD designated as
exhibit 2 and played before the trial court, is a recording of a confrontation that occurred in
the presence of the children during one of the visitation exchanges between the parties.
Arkansas Supreme Court Rule 4-2(a)(8)(A)(i) requires the addendum to include all items that
are essential for the appellate court to understand the case and decide the issues on appeal,
including exhibits such as DVDs. Because the appellant has failed to include this DVD in his
addendum, his brief is not in compliance with the above rule and we are unable to reach the
merits of the appeal.
Arkansas Supreme 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.
Appellant’s addendum is deficient because it lacks the video of Brandy and her father
confronting appellant during a visitation exchange. Because this video was specifically relied
2
Cite as 2013 Ark. App. 485on by the trial court in reaching its decision to change custody, it is essential to an
understanding of the case. Accordingly, we order appellant to file a supplemental addendum
in compliance with Rule 4-2 within seven calendar days from the date of this opinion. We
encourage appellant, prior to filing the supplemental addendum, to review our rules as well
as the record and addenda to ensure that no other deficiencies are present.
Rebriefing ordered to file a supplemental addendum.
WHITEAKER and VAUGHT, JJ., agree.
Bristow & Richardson, PLLC, by: Melissa B. Richardson, for appellants.
Blair & Stroud, by: Robert D. Stroud, for appellee.
3