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Second Injury Fund v. Sedgwick James of Arkansas4/13/2005
nt's Addendum fails to include.
(Emphasis added.) The source of confusion is clear from the portions of the rule that we have emphasized. The first sentence of the rule mandates the inclusion of any documents that are essential to an understanding of the court's jurisdiction on appeal. It is essential to our determination of jurisdiction that we have before us not only the order appealed from, but also the notice of appeal. Without the presence of both documents we cannot determine the timeliness of the filing of the notice of appeal, which is essential to our exercise of jurisdiction. Yet, later in the same rule, the notice of appeal is specifically listed in a sentence that indicates that it "may" be included. Moreover, the notice of appeal is not included in the list of documents for which the clerk can refuse to accept a brief if they are absent from the addendum.
However, even though we understand the source of the confusion, the fact remains that a copy of the notice of appeal, along with the order appealed from, must be included in the addendum. See Villines v. Harris, ____Ark.____, ____S.W.3d____(March 3, 2005).Therefore, appellant has fifteen days from the date of this opinion to file a substituted brief that includes a copy of the notice of appeal.
Rebriefing ordered.
Bird and Roaf, JJ., agree.
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