ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY

APPELLANT

V.

GARY CRAVEN AND VERONICA CRAVEN

APPELLEES

CA02-543

June 26, 2002

APPEAL FROM THE WHITE COUNTY CIRCUIT COURT

[NO. 2001-540]

HON. BILL MILLS, JUDGE

MOTION TO APPEND STATUTES TO BRIEF GRANTED; MOTION TO STAY DENIED WITHOUT PREJUDICE

Appellant insurance company has filed two motions. The first is a motion to append copies of applicable Colorado statutes to its brief; the second is a motion to deposit funds into the registry of the court so as to stay further proceedings pending appeal. We grant the first motion in part and deny the second.

With regard to the first motion, appellant explains that it intended to have copies of certain Colorado statutes made a part of the record below, but that the copies and accompanying letter either went astray or was misfiled and never actually became part of the record. Appellant asks that we allow it to supplement the record with the applicable Colorado statutes so that it may include them in its appendix for the convenience of this court on appeal. We note that the statutes in question are documents of which we may take

judicial notice, and that they therefore need not be included in the record in order for us to consider them. Consequently, they need not be formally made part of the record to be presented to us, and we permit appellant to attach true and correct copies of such Colorado statutes as it deems to be relevant to the appendix portion of its brief.

With respect to its second motion, appellant states that appellee claims that appellant is liable for $50,000.00 in "no-fault" insurance coverage; that appellee has made demand for payment of at least $9,328.00 in medical bills; and that appellee has threatened to institute a tort suit for bad faith against appellant. Appellant prays that it be allowed to deposit the sum of $15,000.00 into the registry of this court so as to bar further proceedings pending resolution of this appeal. However, it is not clear from the materials accompanying appellant's motion that appellee ultimately might not be found to be entitled to judgment for an amount in excess of $15,000.00 and perhaps equal to the policy limits, see Ark. R. App. P. - Civil 8(c); see also Home Mutual Fire Insurance Company v. Jones, 62 Ark. App. 182, 969 S.W.2d 675 (1998), and appellant has cited no authority and made no convincing argument for the proposition that a yet-to-be filed tort action for bad faith refusal to settle a claim could be stayed or otherwise affected by supersedeas in the present case. Consequently, we deny appellant's second motion at this time.