Jones v. Ark. Dep't of Human Servs. & Minor Children

Full title: BRIANNA JONES APPELLANT v. ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR…

Court: ARKANSAS COURT OF APPEALS DIVISION I

Date published: Jan 16, 2019

2019 Ark. App. 4 (Ark. Ct. App. 2019)

2019 Ark. App. 4

Opinion

No. CV-18-539

01-16-2019

Brianna JONES, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES and Minor Children, Appellees

Montgomery & Burke, by: Wm. Blake Montgomery and Jim A. Burke, Hope, for appellant. Andrew Firth, Office of Chief Counsel, for appellee. Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor children.

RAYMOND R. ABRAMSON, Judge

Montgomery & Burke, by: Wm. Blake Montgomery and Jim A. Burke, Hope, for appellant.

Andrew Firth, Office of Chief Counsel, for appellee.

Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor children.

RAYMOND R. ABRAMSON, Judge

Appellant Brianna Jones seeks to appeal an order by the Hempstead County Circuit Court terminating her parental rights to her daughters, S.B. and K.J. We dismiss the appeal for want of jurisdiction.

Jones filed her notice of appeal on April 13, 2018. It was signed by her lawyer, Steve Harrelson. On July 19, 2018, William Blake Montgomery entered an appearance on behalf of Jones and filed a motion for belated appeal on July 25, 2018. Our supreme court granted that motion and a motion to stay briefing on September 6, 2018. The appeal was transferred to our court, and briefing commenced.

The requirements of a notice of appeal in dependency-neglect proceedings differ from normal procedure in that Arkansas Supreme Court Rule 6-9(b)(1)(B) requires that the notice of appeal and designation of record be signed not only by Jones's counsel, but also by the appellant herself if, as here, she is an adult.¹ A notice of appeal in such cases that lacks the signature of the appellant is deficient. See McPherson v. Ark. Dep't of Human Servs. , 2013 Ark. App. 238, 2013 WL 1682633. While not every defect in a notice of appeal will deprive the appellate court of jurisdiction, the Arkansas Supreme Court has required strict compliance with the appellant-signature requirements of Rule 6-9(b)(1)(B). Id.

1 Jones's date of birth is August 6, 1992.
--------

Our supreme court granted Jones's motion for belated appeal, but there has been no cure to the violation of the rule requiring her signature on the notice of appeal. Therefore, we must dismiss this appeal for lack of jurisdiction.

Appeal dismissed.

Glover and Brown, JJ., agree.