ROBINSON v. BARTON, 2010 Ark. App. 267

CA 09-469Court of Appeals of Arkansas, Division IV.
Opinion Delivered March 31, 2010

Appeal from the Drew County Circuit Court, [No. CV2008-0007-3], Honorable John Bertran Plegge, Judge, Rebriefing Ordered.

LARRY D. VAUGHT, Chief Judge.

Appellant Linda Jo Robinson appeals from a grant of summary judgment in favor of her former attorney in a legal-malpractice action. We do not address the merits of the appeal at this time because appellant’s abstract does not comply with Arkansas Supreme Court Rule 4-2(a)(5).

The abstract submitted by Robinson contains a verbatim recitation of the trial transcript. Instead, the relevant portions of the hearing record should have been submitted as an impartial first-person narrative. Ark. Sup. Ct. R. 4-2(a)(5); Lackey v. Mays, 100 Ark. App. 386, 269 S.W.3d 397 (2007). Appellant is granted leave to file a complying substituted brief and complying abstract within thirty days; however, if she fails to do so — within the prescribed time — we will summarily affirm the grant of summary judgment for noncompliance with the Rule. Ark. Sup. Ct. R. 4-2(b)(3).

Rebriefing ordered.

PITTMAN and BROWN, JJ., agree.

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