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

2016 Ark. App. 287

• Court: Court of Appeals of Arkansas
• Decided: May 25, 2016
• Docket: CV-16-94
• Status: Published

Opinion

Cite as 2016 Ark. App. 287

ARKANSAS COURT OF APPEALS DIVISION III No. CV-16-94

BRIAN J. KUKLA Opinion Delivered May 25, 2016 APPELLANT APPEAL FROM THE SEBASTIAN V. COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. JV-2011-579]

ARKANSAS DEPARTMENT OF HONORABLE JIM D. SPEARS, HUMAN SERVICES AND MINOR JUDGE CHILD APPELLEES AFFIRMED; MOTION TO WITHDRAW GRANTED

PHILLIP T. WHITEAKER, Judge

Appellant Brian Kukla appeals from a Sebastian County Circuit Court order

terminating his parental rights to his son, B.K. (d/o/b 09/29/10).1 His attorney has filed a

motion to withdraw as counsel that is accompanied by a brief filed pursuant to Arkansas

Supreme Court Rule 6-9 and Linker-Flores v. Arkansas Department of Human Services, 359 Ark.

131, 194 S.W.3d 739 (2004), in which counsel argues that there are no issues of arguable

merit for appeal. Mr. Kukla was given an opportunity to file pro se points for reversal but did

not do so.

After carefully examining the record and the no-merit brief, we hold that Mr. Kukla’s

counsel has complied with the requirements for no-merit parental-termination appeals and

that the appeal is wholly without merit. Accordingly, we affirm by memorandum opinion the

1 The order also terminated the parental rights of Jacqueline Kukla, B.K.’s mother. She has not appealed the order terminating her parental rights and is not a party to this appeal. Cite as 2016 Ark. App. 287

termination of Mr. Kukla’s parental rights. See In re Memorandum Opinions, 16 Ark. App. 301,

700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e) (2015). We also grant counsel’s motion to

withdraw from representation of Mr. Kukla.

Affirmed; motion to withdraw granted.

HARRISON and BROWN, JJ., agree.

Leah Lanford, Arkansas Public Defender Commission, for appellant.

No response.