ARK.] NEIGHBORS V. STATE 297
Cite as 304 Ark. 297 (1990) Earl NEIGHBORS v. STATE of Arkansas RC 90-69 800 S.W.2d 438 Supreme Court of Arkansas
Opinion delivered December 21, 1990 APPEAL & ERROR — RULE ON THE CLERK — MOTION DENIED. — It is the responsibility of the attorney of record to see that the record and transcript are timely filed, and where the motion for rule on the
298 [304 clerk was not accompanied by a proper affidavit as required by A.R.Cr.P. Rule 36.9, the motion was denied without prejudice to file a proper motion. Motion for Rule on the Clerk; denied. J.F. Atkinson, Jr., for appellant. No response. PER CURIAM. J. F. Atkinson, Jr., filed a motion for a rule on the clerk on behalf of his client, Earl Neighbors. However, the motion is not accompanied by a proper affidavit as required by A.R.Cr.P. Rule 36.9. See our per curiam of February 5, 1979, reported at 265 Ark. 964, and the case of Melton v. State, 273 Ark. 474, 620 S.W.2d 946 (1981). It is the responsibility of the attorney of record to see that the record and transcript are timely filed. Nelson v. State, 272 Ark. 287, 613 S.W.2d 598 (1981). [1] The motion for a rule on the clerk is denied without prejudice to file a proper motion.
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