ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
PER CURIAM
CA01-526
July 5, 2001
DENISE FAUCHER AN APPEAL FROM PULASKI
APPELLANT CHANCERY COURT
FIFTH DIVISION [ECN94-3830]
V. HON. ELLEN BRANTLEY, CHANCELLOR
LON G. BITZER
APPELLEE REMANDED TO SETTLE RECORD
This appeal is from a decree ordering a change of custody of four minor children from appellant (their mother) to appellee (their father) following four days of trial. During the trial, appellant called two of the children as witnesses: Bethanie Bitzer (then eleven years old) and Brittany Bitzer (then thirteen years old.) The chancellor ordered that the testimony of Bethanie not be transcribed and that the testimony of Brittany be placed under seal. Appellant now moves that the abstracting requirement be waived as to the testimony of Bethanie and Brittany. Alternatively, appellant moves that the seal be lifted so that she can prepare the abstract, that a writ be issued to the Pulaski County Chancery Court directing that Bethanie's testimony be transcribed, and that an appropriate order be entered removing the testimony of Bethanie and Brittany from under seal so that their testimony can beabstracted. Finally, appellant requests that the time for filing briefs be stayed pending resolution of these procedural issues.
Appellant is obligated to prepare an abstract 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." Ark. Sup. Ct. R. 4-2(a)(6). She plainly cannot fulfill that obligation and comply with our rule if testimony has not been transcribed. Of course, we do not know the nature of the testimony that was not transcribed and dare not speculate about its content or significance. We simply acknowledge the fact that appellant cannot possibly abstract untranscribed testimony.
Accordingly, we hereby remand this matter to the chancellor and order that the record be settled by transcribing the testimony of Bethanie Bitzer and Brittany Bitzer and forwarding it along with the rest of the record to the clerk of our court, under seal, within sixty days from this date. Meanwhile, we order the parties to refrain from divulging, either directly or through others, the content of the sealed record.
ORDERED this 5th day of July, 2001.
Roaf, J., not participating.