Farmers Union Mutual Ins. Co. v. Robertson
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Cite as 2009 Ark. 435
SUPREME COURT OF ARKANSAS
No.
09-619
FARMERS UNION MUTUAL
INSURANCE COMPANY, INC.,
APPELLANT,
VS.
RANDALL AND HEATHER
ROBERTSON, HUSBAND AND WIFE,
BOTH INDIVIDUALLY AND ON
BEHALF OF A CLASS OF ALL
ARKANSANS SIMILARLY SITUATED,
APPELLEES,
Opinion Delivered September
24, 2009
MOTION TO CORRECT THE
RECORD, MOTION TO TAKE
JUDICIAL NOTICE, AND MOTION
FOR ADDITIONAL TIME TO FILE
APPELLANTS BRIEF.
MOTION TO CORRECT THE
RECORD AND MOTION FOR
ADDITIONAL TIME TO FILE
APPELLANTS BRIEF, GRANTED.
MOTION TO TAKE JUDICIAL
NOTICE, DENIED.
PER CURIAM
Farmers Union Mutual Insurance Company, Inc., moves this court for an order under
Arkansas Rules of Appellate Procedure–Civil 6(e) to correct the record by supplementing it
with Farmer’s pleading entitled “Proposed Decision.” The circuit court requested that each
party file a “Proposed Decision” outlining the decision that each party believed the circuit
court should make. Both parties did so, as the circuit court acknowledged in a letter
informing the parties of the decision in the case and stating that each party’s “Proposed
Decision” had been carefully reviewed. Because Farmers’s “Proposed Decision” contained,
by error or accident, an incorrect case number, the “Proposed Decision” was not filed in and
made part of the record in this case. Because the “Proposed Decision” was considered by the
Cite as 2009 Ark. 435
circuit court in reaching its decision, and to assure that the record truly discloses what
occurred in the circuit court, we grant Farmers’s motion and order that the record be
supplemented with Farmers’ “Proposed Decision.”
Farmers also asks this court to take judicial notice on appeal of various pleadings filed
in a related case. Under appellate jurisdiction, this court reviews a decision of a lower court.
Smith v. State, 363 Ark. 456, 457, 215 S.W.3d 626, 627 (2005). The pleadings Farmers asks
us to consider were not considered by the circuit court in making the decision that is before
us on appeal. How those pleadings might have affected the circuit court’s decision is
unknown. We do not decide an issue for the first time on appeal. Id. Appellate jurisdiction
does not permit this court to retry cases or make findings of fact. Looper v. Madison Guar. Sav.
& Loan Ass’n, 292 Ark. 225, 227-28, 729 S.W.2d 156, 157 (1987). The motion to take
judicial notice is denied.
Farmers also moves this court for an additional thirty days within which to complete
and file the appellant’s brief after these matters are decided. An additional fourteen days is
granted.
-2-
09-619
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