Summary
The Supreme Court of Arkansas granted S.F. and D.F.'s motion for a belated appeal after their notice of appeal was not signed as required by Arkansas Supreme Court Rule 6-9(b)(2)(D). The court attributed the error to counsel, denied the motion to dismiss, granted anonymity protections, and forwarded the opinion to the Committee on Professional Conduct.
Court
Supreme Court of Arkansas
Jurisdiction
Arkansas
Decision date
September 6, 2007
Docket number
No. 07-735
Disposition
writ_granted
Questions Presented
- Whether appellants were entitled to a belated appeal when their notice of appeal was deficient because neither appellant signed it as required by Arkansas Supreme Court Rule 6-9(b)(2)(D).
- Whether the circuit court's adjudication order was an appealable order under Arkansas Supreme Court Rule 6-9(a)(1)(A).
Holdings
- When the record and motion establish that an attorney's error caused the failure to perfect an appeal, and the attorney admits the error, the court may grant relief through a belated appeal. Because neither appellant signed the notice of appeal as required by Rule 6-9(b)(2)(D), the court granted the motion for belated appeal.
- An adjudication order is an appealable order under Arkansas Supreme Court Rule 6-9(a)(1)(A).
Court Document
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