Background
Pro se appellant Don Plumlee appealed a Sebastian County Circuit Court order resolving his complaint against Victoria Marie Sumerix and Mynor Ramos. Plumlee identified five points on appeal in his brief.
But the argument section addressed twenty-four separate issues. His statement of the case also included argument, omitted material procedural and factual information—including relevant trial testimony—and he referenced a post-notice-of-appeal circuit-court filing and exhibits.
The Court’s Holding
The Arkansas Court of Appeals ordered Plumlee to rebrief because his appellate brief did not comply with Arkansas Supreme Court Rule 4-2. The arguments did not correspond to the listed points on appeal, and Plumlee failed to state the applicable standard of review at the beginning of each issue.
The court also held that it could not treat Plumlee’s later circuit-court filing as a second appellate brief or consider evidence not considered by the circuit court. It gave Plumlee fifteen days to file a substituted, compliant brief; otherwise, the judgment may be affirmed or the appeal dismissed.
Key Takeaways
- Appellate arguments must be organized under subheadings corresponding to the stated points on appeal.
- Each issue must begin with the applicable standard of review.
- An appellate court cannot consider extra-record evidence or an unauthorized second appellate brief.
Why It Matters
The decision underscores that pro se litigants must comply with appellate briefing rules. Material factual and procedural information must appear in a nonargumentative statement of the case with record citations, and deficiencies can prevent merits review.