ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

BOATMEN'S TRUST COMPANY OF ARKANSAS, GUARDIAN OF THE ESTATE OF JAMES D. HENDERSON, A MINOR and YOLANDA HENDERSON

APPELLANTS

V.

HOUSING AUTHORITY OF THE CITY OF NORTH LITTLE ROCK, et al.

APPELLEES

CA 00-1120

MAY 16, 2001

APPEAL FROM PULASKI COUNTY

CIRCUIT COURT, FIFTH DIVISION

[CIV-96-12847]

HONORABLE CHRIS PIAZZA

CIRCUIT JUDGE

REBRIEFING ORDERED

Appellants appeal from an order granting summary judgment in favor of appellees. We order appellants to revise their brief and file a substitute brief due to flagrant deficiencies in their abstract. See Rule 4-2(b)(3) of the Rules of the Supreme Court and Court of Appeals.

The current brief violates our rules in two respects. First, appellants make numerous references in the argument portion of their brief to certain exhibits that support their contention that summary judgment was improper. However, these exhibits are not abstracted. Most of the exhibits were filed below by appellants with their responses to appellees' summary judgment motions. They are therefore essential to our determination of the issues because, in reviewing a grant of summary judgment, we focus on the pleadings, affidavits, and other documents filed by the parties in support of their respective arguments.

See Pyle v. Robertson, 313 Ark. 692, 858 S.W.2d 662 (1993). Such exhibits, to be considered on appeal, must be included in the abstract of the record. See id.; Hall v. Rental Management, Inc., 323 Ark. 143, 913 S.W.2d 293 (1996).

Secondly, appellants have abstracted numerous motions, requests for discovery, orders, and other materials that have no bearing on the issues in this case. The abstract should consist only of such material parts of the pleadings, proceedings, facts, documents, and other matters in the record as are necessary to an understanding of all questions presented to the court for decision. See Rule 4-2(a)(6) of the Rules of the Supreme Court and Court of Appeals. Excessive abstracting is as violative of our rules as omissions of material pleadings, exhibits, and testimony. Schwarz v. Moody, 55 Ark. App. 6, 928 S.W.2d 800 (1996).

Rebriefing is ordered with appellants' substituted brief to be filed on or before June 18, 2001.