DWORSHAK V. STATE 286 Cite as 345 Ark. 286 (2001) [345 Ronald J. DWORSHAK v. STATE of Arkansas CR 01-604 45 S.W3d 386 Supreme Court of Arkansas Opinion delivered June 14, 2001 APPEAL & ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk. Motion for Rule on the Clerk; granted. Lynn E Plemmons, for appellant. No response. 2 The Lindsey court, however, held the Commission waived the issue of improper venue when it voluntarily asked affirmative relief by filing a third-party complaint.
ARK.] 287 ER CURIAM. Appellant, Ronald J. Dworshak, by and P through his attorney, has filed a motion for a rule on the clerk. His attorney, Lynn F. Plemmons, admits in his motion that the record was tendered late due to a mistake on his part. [1] We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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