Recently, in Plumlee v. Sumerix, 2026 Ark. App. 375, the Arkansas Court of Appeals reminded us that the “Points on Appeal” in an appellant’s brief (Ark. Sup. Ct. R. 4-2(a)(3)) must correspond to the points in the “Argument” section of the brief (Ark. Sup. Ct. R. 4-2(a)(7)).
Ark. Sup. Ct. R. 4-2(a)(3): Points on appeal. The appellant shall list and separately number, concisely and without argument, the points relied upon for a reversal of the judgment or decree. The appellee must follow the same sequence and arrangement of points as contained in the appellant’s brief and may then state additional points. Either party may insert under any point not more than two citations which the party considers the principal authorities on that point.
Ark. Sup. Ct. R. 4-2(a)(7): Argument. Arguments shall be presented under subheadings numbered to correspond to the outline of points to be relied upon. For each issue, the applicable standard of review shall be concisely stated at the beginning of the discussion of the issue. . . .
Outcome: In Plumlee the Court ordered rebriefing due to the deficiencies in the pro se appellant’s brief. Specifically, the Court found that the issues identified in the “Argument” section of the brief did not correspond to the five issues identified in the “Points on Appeal.” Moreover, the appellant “injected arguments throughout his statement of the case and fail[ed] to discuss the material procedural and factual information essential to understand this case on appeal[.]” Id. at 3.
Takeaway: Make sure to organize the “Argument” section of the brief around the “Points on Appeal.” Subpoints are permitted, but the main points listed in the “Points on Appeal” should be the main points discussed in the “Argument.”
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