Rebriefing Ordered Due to Deficient Abstract and an Incomplete Record
Selmon v. Metropolitan Life Insurance Company, No. 06-1340, is an appeal from Circuit Judge Jay Moody's decision to deny the appellant an jury trial in his appeal from an adverse ERISA decision.
The trial court held a hearing on the appellant's jury-trial request but the appellant neither abstracted the hearing nor included a transcript of the hearing in the appellate record. The appellant maintained that the case was decided "primarily on the briefs of the parties and the administrative record," and that "[no] hearings on any substantive issue was [sic] held on any substantive issue." ([sic] in original).
Not good enough: the Court ordered appellant to add transcript of the hearing to the record within 60 days, and submit a new brief with proper abstracting.
