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Owens v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division IV
Dec 1, 2010
2010 Ark. App. 789 (Ark. Ct. App. 2010)

Opinion

No. CA 09-1234

Opinion Delivered December 1, 2010.

Appeal from the Union County Circuit Court, [NO. JV-2009-35-3], Honorable Edwin Keaton, Judge, Affirmed; Motion To Withdraw Granted.


This is an appeal from the termination of appellant's parental rights to her daughter, S.O., born January 19, 2009. Appellant's counsel states that there are no issues of arguable merit for appeal and has filed a no-merit brief and motion to withdraw in accordance with Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Ark. Sup. Ct. R. 6-9(i). The clerk of this court sent a copy of the no-merit brief to appellant, informing her of her right to submit pro se points for appeal. Appellant has submitted pro se points, but her arguments are based on facts alleged to have occurred after the order appealed from, which are outside the record and which state no legal ground for reversal. See Trout v. Arkansas Department of Human Services, 359 Ark. 283, 197 S.W.3d 486 (2004).

In an opinion delivered April 21, 2010, we remanded to the trial court with instructions to clarify the order appealed from. Owens v. Arkansas Department of Human Services, 2010 Ark. App. 335. The trial court has done so, and the case is again before us.

After carefully examining the record and the briefs before us, we find that counsel has complied with the requirements established by the Arkansas Supreme Court in Linker-Flores and Rule 6-9(i), and we hold that the appeal is without merit. Accordingly, we grant counsel's motion to withdraw and affirm the order terminating appellant's parental rights.

Affirmed; motion to withdraw granted.

GRUBER and GLOVER, JJ., agree.


Summaries of

Owens v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division IV
Dec 1, 2010
2010 Ark. App. 789 (Ark. Ct. App. 2010)
Case details for

Owens v. Arkansas Department of Human Services

Case Details

Full title:Yolanda OWENS, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee

Court:Court of Appeals of Arkansas, Division IV

Date published: Dec 1, 2010

Citations

2010 Ark. App. 789 (Ark. Ct. App. 2010)

Citing Cases

Watts v. Ark. Dep't of Human Servs.

First, we cannot consider her post-termination achievements on appeal. See Owens v. Ark. Dep't of Hum.…