Cite as 2012 Ark. App. 204 ARKANSAS COURT OF APPEALS DIVISION I No. CA11-726 ROSELYN G. GIRA LIVING Opinion Delivered March 14, 2012 REVOCABLE TRUST APPELLANT APPEAL FROM THE NEWTON COUNTY CIRCUIT COURT V. [NO. CV-2008-54-4] HONORABLE GORDON WEBB, FRANK BRYANT, ALICE BRYANT, JUDGE AND BONNIE KELLEY APPELLEES REBRIEFING ORDERED JOHN MAUZY PITTMAN, Judge This is an appeal from an order setting aside a default judgment. Appellant argues that the trial court erred in setting aside the default judgment on the grounds of excusable neglect; in denying appellant’s motion to strike appellee’s answer as untimely; and in finding that appellant failed to establish an easement by acquiescence. We order rebriefing. Appellant’s final argument requires us to familiarize ourselves with the evidence relating to the claimed easement by acquiescence. We cannot begin to do so here, where several hundred pages of testimony have been reduced to approximately two pages of abstract and where numerous pertinent exhibits have been omitted from the addendum. With respect to appellant’s brief proper, the argument section has not been double-spaced as required by Arkansas Supreme Court Rule 4-1(a). Appellant is hereby ordered to file a substituted abstract, brief, and addendum that complies with Arkansas Supreme Court Rules 4-1 and 4-2 within fifteen days of the date of
Cite as 2012 Ark. App. 204 this opinion. Failure to file a complying brief within that time may result in the judgment being affirmed for noncompliance with the rules. Ark. Sup. Ct. R. 4-2(b)(3). While the above-mentioned deficiencies in appellant’s brief are the most glaring, appellant should not consider them to be a definitive list of the deficiencies in its abstract, brief, and addendum. We strongly recommend that appellant review the contents of Rule 4-2 prior to submitting its substituted brief. Rebriefing ordered. WYNNE and HOOFMAN, JJ., agree. George J. Stone, for appellant. Charles W. Pierce, for appellees. 2
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