ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION II

RHONDA MORRIS (now SMITH)

APPELLANT

V.

ROBERT NEWTON MORRIS

APPELLEE

CA03-771

March 31, 2004

APPEAL FROM THE POPE COUNTY CIRCUIT COURT

[NO. E 97-114]

HON. RICHARD E. GARDNER,

JUDGE

REBRIEFING ORDERED

Robert J. Gladwin, Judge

Appellant Rhonda Morris appeals from a decision of the Pope County Circuit Court that granted appellee's petition to claim one of the parties' two children for tax dependency purposes. She contends that in making such an award, the trial court deviated from the child-support chart without providing the written findings or specific findings on the record as required by Ark. Code Ann. § 9-12-312(a)(2) (Repl. 2002). Appellee did not file a response.

Upon review of the materials contained in appellant's brief, it is apparent that appellant's brief is deficient in that the trial court's order is not included in the addendum. On a page labeled "Addendum," appellant merely cites the transcript page at which the order is located. This is not sufficient.

Arkansas Supreme Court Rule 4-2(b)(3) sets forth the procedure to be followed when an appellant has failed to supply this court with a sufficient brief:

Whether or not the appellee has called attention to deficiencies in the appellant's abstract or Addendum, the Court may address the question at any time. If the Court finds the abstract or Addendum to be deficient such that the Court cannot reach the merits of the case, or such as to cause an unreasonable or unjust delay in the disposition of the appeal, the Court will notify the appellant that he or she will be afforded an opportunity to cure any

deficiencies, and has fifteen days within which to file a substituted abstract, Addendum, and brief, at his or her own expense, to conform to Rule 4-2(a)(5) and (8). Mere modifications of the original brief by the appellant, as by interlineation, will not be accepted by the Clerk. Upon the filing of such a substituted brief by the appellant, the appellee will be afforded an opportunity to revise or supplement the brief, at the expense of the appellant or the appellant's counsel, as the Court may direct. If after the opportunity to cure the deficiencies, the appellant fails to file a complying abstract, Addendum and brief within the prescribed time, the judgment or decree may be affirmed for noncompliance with the Rule.

Because appellant's abstract and addendum are deficient such that we cannot reach the merits of the case, we hereby order rebriefing. Appellant is directed to file a complying abstract and brief within fifteen days from the entry of this order.

Rebriefing ordered.

Hart and Griffen, JJ., agree.