Appeal Dismissed for Failure to Reconstruct a Record
The Arkansas Court of Appeals dismissed a case for failure to reconstruct a record in Turner v. Brandt, No. 07-88 (11/28/07).
Turner was engaged in a property boundary dispute with the Brandts, but she failed to appear at the trial. The trial court entered judgment for the Brandts and stated that Turner had twice violated earlier orders. The trial court ruled that, if Turner fails to comply with the judgment, she will be jailed at least 180 days and pay whatever fine the court seems fit. Turner raised 2 points on appeal:
(1) the trial court failed to create a record of the trial; and (2) the trial court improperly preset a minimum punishment.
The court of appeals dismissed both arguments. When a trial court fails to make a record, the party is required to reconstruct the record at the trial court before filing an appeal. See Ark. R. App. P.
6(d). Turner failed to follow any of these procedures. As to the preset punishment, that issue is not ripe for appeal if and until the trial court actually imposes the punishment.
