Summary
In McPherson v. Arkansas Department of Human Services, 2013 Ark. App. 238, the court of appeals dismissed the appeal for lack of jurisdiction because appellant did not comply with Arkansas Supreme Court Rule 6-9(b)(1)(B) (2012).
Summary of this case from McPherson v. Ark. Dep't of Human Servs.Opinion
No. CA12-992
04-17-2013
KAYLA McPHERSON APPELLANT v. ARKANSAS DEPARTMENT OF HUMAN SERVICES APPELLEE
Charles D. Hancock, for appellant. Tabitha Baertels McNulty, County Legal Operations, for appellee. Chrestman Group, PLLC, by: Keith Chrestman, attorney ad litem for minor children.
APPEAL FROM THE LONOKE
COUNTY CIRCUIT COURT
[NO. JV-2011-68]
HONORABLE BARBARA ELMORE,
JUDGE
APPEAL DISMISSED
JOHN MAUZY PITTMAN , Judge
Appellant seeks to appeal an order terminating her parental rights to her three minor children. We dismiss the appeal for want of jurisdiction.
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 appellant's counsel but also by the appellant herself if, as here, she is an adult. A notice of appeal in such cases that lacks the signature of the appellant is deficient. Martin v. Arkansas Department of Health & Human Services, 369 Ark. 477, 255 S.W.3d 830 (2007). Not every defect in a notice of appeal will deprive the appellate court of jurisdiction, see Evins v. Carvin, 2012 Ark. App. 622, but the Arkansas Supreme Court has required strict compliance with the appellant-signature requirement of Rule 6-9(b)(1)(B). See, e.g., S.F. v. Arkansas Department of Health & Human Services, 370 Ark. 475, 261 S.W.3d 462 (2007).
Although we must dismiss this appeal for lack of jurisdiction, we note that the Arkansas Supreme Court may grant a motion for belated appeal under certain circumstances. See Garcia v. Arkansas Department of Health & Human Services, 374 Ark. 144, 286 S.W.3d 674 (2008); S.F. v. Arkansas Department of Health & Human Services, supra; Ark. R. App. P.—Crim. 2(e).
Appeal dismissed.
GLADWIN, C.J., and VAUGHT, J., agree.
Charles D. Hancock, for appellant.
Tabitha Baertels McNulty, County Legal Operations, for appellee.
Chrestman Group, PLLC, by: Keith Chrestman, attorney ad litem for minor children.