Supreme Court

Decision Information

Decision Content

Cite as 2011 Ark. 26 SUPREME COURT OF ARKANSAS No. 11-27 LEAH PETTON Opinion Delivered January 27, 2011 APPELLANT MOTION FOR RULE ON CLERK VS. ARKANSAS DEPARTMENT OF HUMAN SERVICES GRANTED. APPELLEE PER CURIAM Appellant, Leah Petton, by and through her attorney, Deborah Sallings, has filed a motion for rule on clerk. The circuit court entered an order on October 7, 2010, terminating Pettons parental rights. Petton filed a notice of appeal on October 27, 2010. Pursuant to Arkansas Supreme Court Rule 6-9(d) (2010), in dependency-neglect cases, the record shall be filed with the Clerk of the Supreme Court within seventy days of the filing of the notice of appeal. Here, Attorney Sallings tendered the record on January 7, 2011, two days after it was due. Where an attorney candidly admits fault for failing to perfect an appeal, we will grant the motion for rule on clerk, and a copy of the opinion will be forwarded to the Committee on Professional Conduct. See McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). Attorney Sallings states in the motion that she accepts full responsibility for failing to ensure that the correct date was calculated for the record due date and for failing to timely lodge the
Cite as 2011 Ark. 26 record with the court. Accordingly, we grant the motion and forward a copy of this opinion to the Committee. Motion granted. -2-
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.