The opinion
Cite as 2021 Ark. App. 145
Elizabeth Perry ARKANSAS COURT OF APPEALS
I attest to the accuracy and
integrity of this document DIVISION II
No. CV-20-43
2023.06.23 10:35:41 -05'00'
2023.001.20174
Opinion Delivered: March 31, 2021
WILLIAM DURDEN
APPELLANT APPEAL FROM THE CRAWFORD
COUNTY CIRCUIT COURT
V. [NO. 17CV-16-153]
CITY OF VAN BUREN; CITY OF HONORABLE MICHAEL
VAN BUREN POLICE MEDLOCK, JUDGE
DEPARTMENT; OFFICER KEVIN
DUGAN, INDIVIDUALLY AND IN REMANDED TO SUPPLEMENT THE
HIS OFFICIAL CAPACITY; JOHN RECORD
DOES 1–5, SAID DESIGNATION
REPRESENTING THOSE
INDIVIDUALS AND/OR ENTITIES
EXCERCISING CONTROL OVER
THE PLAINTIFF; JOHN DOES 6–10,
SAID DESIGNATION
REPRESENTING THE LIABILITY
INSURANCE CARRIER(S)
APPELLEES
MIKE MURPHY, Judge
Appellant William Durden appeals from the Crawford County Circuit Court’s order
granting summary judgment to the appellees and dismissing his complaint with prejudice.
Durden argues on appeal that the circuit court erred in granting summary judgment because
there was a genuine issue of material fact regarding his right to be free from arrest while
located on the dock of a marina to which the public did not have access. We decline to
reach the merits of Durden’s argument at this time because the case must be remanded to
supplement the record and to correct deficiencies in the electronic record.
In granting appellees’ motion for summary judgment, the circuit court’s order states
that it considered the following in reaching its decision: the pleadings submitted, the
argument of counsel, the applicable law, and other matters properly before it pursuant to
Arkansas Rule of Civil Procedure 56. The court’s order found that “[i]n addition to the
facts and law contained in Separate Defendants’ briefs,” Arkansas Rule of Criminal
Procedure 4.1 applied. However, the separate defendants’ brief referenced in their motion
for summary judgment is not included in the record before us.
Under Arkansas Rule of Appellate Procedure–Civil 6(c), “[w]here parties in good
faith abbreviate the record by agreement or without objection from opposing parties, the
appellate court shall not affirm or dismiss the appeal on account of any deficiency in the
record without notice to appellant and reasonable opportunity to supply the deficiency.” In
addition, under Rule 6(e), this court can sua sponte direct the parties to supply any omitted
material by filing a certified, supplemental record.
As a general rule, this court and the supreme court require the record on appeal to
include all material information that a circuit court considered when granting a party’s
motion for summary judgment. See Verdier ex rel. Verdier v. Verdier, 362 Ark. 660, 210
S.W.3d 123 (2005). Durden’s notice of appeal designating an abbreviated record did not
request the brief accompanying the motion for summary judgment. In order to adequately
review the circuit court’s order of summary judgment, we must have before us the brief
accompanying the motion for summary judgment.
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Pursuant to Arkansas Rule of Appellate Procedure–Civil 6(c) & (e), we remand to
supplement the record with the brief in support of the motion for summary judgment within
thirty days and direct Durden to resubmit a corrected certified copy.
Remanded to supplement the record.
KLAPPENBACH and GRUBER, JJ., agree.
Wallace, Martin, Duke & Russell, PLLC, by: Valerie L. Goudie, for appellant.
Harrington, Miller, Kieklak, Eichmann & Brown, P.A., by: Thomas N. Kieklak and R.
Justin Eichmann, for appellees.
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