Opinion highlights for the week of March 8, 2026

 

The Arkansas Court of Appeals issued nineteen opinions on March 11, 2026.  The next day, the Arkansas Supreme Court's docket listed three opinions.  One of those Court of Appeals decisions addresses the type of issue I'm interested in posting about here.

In Maxwell v. Lavski Management, LLC, 2026 Ark. App. 162, the Court of Appeals remanded the case to settle and supplement the record.  The trial court issued a writ of possession and awarded damages against Maxwell, who then raised a number of points on appeal.

At a hearing on August 28, 2024, the trial court considered a number of motions and other matters relevant to Maxwell's appeal.  For some reason, the transcript of that August 28 hearing was not in the record.  This was the basis for remand.

... It is evident that the circuit court ruled on Maxwell’s outstanding motions, including the motion to dismiss and motion to set aside, following the hearing held on August 28 and the arguments presented therein. 

 

If anything material to either party is omitted from the record by error or accident, we may direct that the omission be corrected and, if necessary, that a supplemental record be certified and transmitted. Because our record does not contain a transcript of the motion and damages hearing, we cannot reach the merits of Maxwell’s claim at this time. We therefore remand to the circuit court to settle and supplement the record.

Id. at 3-4 (footnote omitted).

Thank you for reading.