CourtListener 9508583•Charles L. Daniels II, Individually Charles L. Daniels II, on Behalf of Payton Daniels, a Minor And Charles L. Daniels II, as Special Administrator of the Estate of Harmony Lynn Williams Daniels v. C. Wayne Lyle, M.D. C. Wayne Lyle, M.D., P.A. Medical Services Group, Ltd. Baptist Health And Diamond Risk Insurance, LLC
Charles L. Daniels II, Individually Charles L. Daniels II, on Behalf of Payton Daniels, a Minor And Charles L. Daniels II, as Special Administrator of the Estate of Harmony Lynn Williams Daniels v. C. Wayne Lyle, M.D. C. Wayne Lyle, M.D., P.A. Medical Services Group, Ltd. Baptist Health And Diamond Risk Insurance, LLC
CourtListener 9508583Arkctapp29 de mai. de 2024
Texto completo
Cite as 2024 Ark. App. 350
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-22-336
CHARLES L. DANIELS II, Opinion Delivered May 29, 2024
INDIVIDUALLY; CHARLES L.
APPEAL FROM THE PULASKI
DANIELS II, ON BEHALF OF PAYTON
COUNTY CIRCUIT COURT, FOURTH
DANIELS, A MINOR; AND CHARLES L.
DIVISION
DANIELS II, AS SPECIAL
[NO. 60CV-18-5971]
ADMINISTRATOR OF THE ESTATE
OF HARMONY LYNN WILLIAMS
DANIELS, DECEASED HONORABLE HERBERT T. WRIGHT,
APPELLANTS JR., JUDGE
V.
C. WAYNE LYLE, M.D.; C. WAYNE
LYLE, M.D., P.A.; MEDICAL SERVICES
GROUP, LTD.; BAPTIST HEALTH;
AND DIAMOND RISK INSURANCE,
LLC REMANDED TO SUPPLEMENT THE
APPELLEES RECORD
RITA W. GRUBER, Judge
This appeal is from an order granting summary judgment in a civil action following
the death of Harmony Daniels. The appellants—Harmony’s husband, minor child, and
estate—ask this court to reverse the circuit court’s order granting the appellees’ motions for
summary judgment. The appellees are medical providers who provided services to Harmony.
The appellants argue that they consistently pled and argued that the appellees’ alleged
negligence “lies within the jury’s comprehension as a matter of common knowledge” but
that the circuit court used a burden of proof that would have applied only if expert testimony
had been required.
We decline to reach the merits of the appellants’ arguments at this time because the
case is remanded to supplement the record and to correct deficiencies in the electronic
record.
According to the order granting the appellees’ renewed motions for summary
judgment, the circuit court considered the following: the files and records of the case, the
pleadings of the parties, and the arguments presented at the January 31, 2022, hearing. The
appellants designated an abbreviated record in their notice of appeal. However, the record
before this court includes only the appellants’ original complaint but does not include the
first, second, and third amended complaints. Nor does the record contain the appellees’
original motions for summary judgment that were renewed and the order denying those
motions, even though at least certain appellees reference those original motions in their
renewed motions. Further, the record does not include the parties’ expert disclosures, the
responses and replies to the various motions for summary judgment and renewed motions,
or the transcript of the January 31 hearing.
Under Arkansas Rule of Appellate Procedure–Civil 6(c), “[w]here parties in good
faith abbreviate the record by agreement or without objection from opposing parties, the
appellate court shall not affirm or dismiss the appeal on account of any deficiency in the
record without notice to appellant and reasonable opportunity to supply the deficiency.” In
addition, under Rule 6(e), this court can sua sponte direct the parties to supply any omitted
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material by filing a certified, supplemental record. As a general rule, the record must include
all material information that a circuit court considered when granting a party’s motion for
summary judgment. See Verdier ex rel. Verdier v. Verdier, 362 Ark. 660, 210 S.W.3d 123 (2005).
In order to adequately review the order of summary judgment, this court must have before
it the pleadings, the other documents, and the January 31 hearing testimony that the circuit
court considered.
Pursuant to Arkansas Rule of Appellate Procedure–Civil 6(c) and (e), we remand this
case to supplement the record with the amended complaints, all motions for summary
judgment and responses and replies thereto, all orders regarding motions for summary
judgment, all expert disclosures, the transcript from the January 31 hearing, and any other
pleadings or documents essential to the decision of the questions presented on appeal. We
direct appellants to resubmit a supplemented certified copy of the record within forty-five
days.
Remanded to supplement the record.
ABRAMSON and WOOD, JJ., agree.
Joe Woodson, for appellants.
Wright, Lindsey & Jennings LLP, by: Gary D. Marts, Jr., and David C. Jung, for separate
appellees Baptist Health and Diamond Risk Insurance, LLC.
Friday, Eldredge & Clark, LLP, by: T. Michelle Ator, for separate appellees C. Wayne
Lyle, M.D.; C. Wayne Lyle M.D., P.A.; and Medical Services Group, Ltd.
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