Cite as 2017 Ark. App. 76

ARKANSAS COURT OF APPEALS

DIVISION IV 

No. CV-16-577

DEONDRE’ JOHNSON

APPELLANT

V.

EQUITY INSURANCE COMPANY

APPELLEE

Opinion Delivered: February 8, 2017

APPEAL FROM THE PHILLIPS

COUNTY CIRCUIT COURT 

[NO. CV-2015-204] 

HONORABLE CHALK MITCHELL, 

JUDGE

SUPPLEMENTATION OF THE

RECORD AND REBRIEFING 

ORDERED. 

RAYMOND R. ABRAMSON, Judge

Deondre’ Johnson appeals the Phillips County Circuit Court order dismissing his 

declaratory-judgment action against Equity Insurance Company (“Equity”). On appeal, 

Johnson argues that the circuit court erred in dismissing the action as a result of a separate 

declaratory-judgment action which had been filed in the Pulaski County Circuit Court. 

Because of deficiencies with the record, addendum, and brief, however, we are unable to 

reach the merits of his argument at this time. 

On March 4, 2012, Johnson was a passenger in a car that was rear-ended by a vehicle 

driven by Anthony Weeden. Equity insured the car that Weeden was driving at the time of 

the accident. Johnson filed a negligence suit against Weeden in the Phillips County Circuit 

Court, and he obtained a jury verdict for $8,000. 
Cite as 2017 Ark. App. 76

2 

On August 18, 2015, Equity filed a declaratory-judgment action against Johnson and 

Weeden in the Pulaski County Circuit Court. Equity sought an order declaring that its

liability coverage on the car did not exist at the time of the accident. On September 11, 

2015, Johnson filed a declaratory-judgment action against Equity in the Phillips County 

Circuit Court. He sought an order declaring that Equity’s liability coverage on the car 

extended to the accident. 

On October 1, 2015, Equity filed a motion to dismiss Johnson’s complaint in the 

Phillips County Circuit Court. Equity asserted that because it filed suit first in Pulaski 

County on the issue of liability coverage, it established venue there. Following a hearing, 

the court entered an order granting Equity’s motion and dismissing Johnson’s complaint. 

Johnson appealed the order to this court. 

On appeal, Johnson argues that the circuit court erred in dismissing the suit as a result 

of Equity’s action in the Pulaski County Circuit Court. However, neither the addendum 

nor the record contains Equity’s complaint from Pulaski County. If anything material to 

either party is omitted from the record by error or accident, we may direct that the omission 

be corrected and that a supplemental record be certified and transmitted. Whitson v. State, 

2013 Ark. App. 730; Ark. R. App. P.–Civ. 6(e). Arkansas Supreme Court Rule-42(a)(8)

(2014) states that the addendum must include all relevant pleadings, orders, documents, and 

exhibits in the record that are essential to an understanding of the case. Accordingly, we 

order supplementation of the record and addendum with the complaint filed in the Pulaski 

County Circuit Court. 
Cite as 2017 Ark. App. 76

3 

We also take this opportunity to address a deficiency in Johnson’s brief. Specifically, 

in the statement of the case and the argument section, Johnson refers to page citations in 

the record, not the addendum. Arkansas Supreme Court Rule 4-2(a)(6)–(7) requires that 

references in the statement of the case and argument section shall be followed by a reference 

to the page number in the addendum. Thus, Johnson needs to correct this deficiency. 

Accordingly, for the reasons listed above, we order the record to be supplemented

with Equity’s complaint that was filed in the Pulaski County Circuit Court. Johnson is 

granted thirty days from the date of this opinion to file a supplemental record. Upon filing 

the supplemental record, Johnson will be given fifteen days to file a substituted abstract, 

addendum, and brief. We encourage appellate counsel to review our rules to ensure that no 

additional deficiencies are present.

Supplementation of the record and rebriefing ordered. 

GLOVER and MURPHY, JJ., agree. 

Dan R. Etherly, for appellant.

Chester C. Lowe, Jr., P.A., by: Chester C. Lowe, Jr., for appellee.