Opinion

Abbott v. Dir.

  • 2015 Ark. App. 221
Court
Court of Appeals of Arkansas
Filed
Apr 8, 2015
Status
Published
On the bench
Bart F. Virden
Cited by
2 cases
Authority
More cited than 66.0%

The opinion

Cite as 2015 Ark. App. 221

ARKANSAS COURT OF APPEALS

DIVISION I

No. E-14-718

Opinion Delivered April 8, 2015

RENEE ABBOTT

APPELLANT APPEAL FROM THE ARKANSAS

BOARD OF REVIEW

V. [NO. 2014-BR-01920]

DIRECTOR, DEPARTMENT OF

WORKFORCE SERVICES, and JB

HUNT TRANSPORT, INC.

APPELLEES

REMANDED

BART F. VIRDEN, Judge

Renee Abbott appeals the Arkansas Board of Review decision to deny her

unemployment benefits. The issue is whether Ms. Abbott engaged in misconduct when

she allegedly failed to text-message, or otherwise notify her employer, that she would not

be in to work; however, we are not able to address the issue on the merits at this time

because of a question of the record’s accuracy is presented for our review. The case is

remanded with the instruction that the record be clarified and, if necessary, corrected.

After a thorough review of the record, it appears that there is a discrepancy that

cannot be overlooked. Specifically, the copy of policies and procedures provided by JB

Hunt appear to be for a company named “Vons.” The record offers no explanation for

the inclusion of the policy manual for “Vons” and not JB Hunt.

1

Cite as 2015 Ark. App. 221

Deficiencies in the record on appeal must be addressed if they hinder our review of

the merits. In the event of a material omission or misstatement, we may sua sponte direct

the record to be settled. Ark. R. App. P.–Civ. 6(e); see also Heard v. Regions Bank, 369

Ark. 274, 276–77, 253 S.W.3d 422, 424 (2007) (per curiam). We therefore remand to the

Board of Review with instructions to ascertain if a mistake has been made and, if so, to

provide notice to the parties and correct the record accordingly.

Remanded.

HARRISON and HIXSON, JJ., agree.

Renee Abbott, pro se appellant.

Phyllis Edwards, Associate General Counsel, for appellee.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.