WADDLE V. STATE 204 Cite as 327 Ark. 204 (1997) [327 Timothy L. WADDLE and Irene L. Waddle v. STATE of Arkansas CR 97-71 936 S.W.2d 554 Supreme Court of Arkansas Opinion delivered February 3, 1997 APPEAL & ERROR - MOTION FOR BELATED APPEAL - GOOD CAUSE FOR GRANTING. - The supreme court treated appellants' request for rule on the clerk as a motion for a belated appeal; the error of failing to timely file a notice of appeal, admittedly made by counsel for criminal defendants, is good cause to grant the motion. Motion for Rule on the Clerk treated as Motion for Belated Appeal; granted. C. Richard Lippard, for appellant. No response. PER CURIAM. The appellants, Timothy L. Waddle and Irene L. Waddle, have filed a motion for rule on the clerk. Their attor-
ARK.] 205 ney, C. Richard Lippard, admits that the notice of appeal was untimely filed due to a mistake on his part. [1] We treat appellants' request for rule on the clerk as a motion for a belated appeal. See, e.g., Hicks v. State, 325 Ark. 192, 923 S.W.2d 872 (1996). We find that the error of failing to timely ftle a notice of appeal, admittedly made by counsel for criminal defendants, is good cause to grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). We grant the motion for belated appeal. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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