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

2014 Ark. 464

Opinion

Cite as 2014 Ark. 464

SUPREME COURT OF ARKANSAS No. CV-14-901

JONATHAN LIVELY Opinion Delivered November 6, 2014 APPELLANT

MOTION TO FILE BELATED

V. NOTICE OF APPEAL

ARKANSAS DEPARTMENT OF HUMAN SERVICES GRANTED.

APPELLEE

PER CURIAM

Appellant Jonathan Lively, by and through his attorney, Adell Ralston, has filed a motion to file a belated notice of appeal. An order terminating Lively’s parental rights was entered on July 11, 2014. Pursuant to Arkansas Supreme Court Rule 6–9(b)(1) (2012), Lively’s notice of appeal was required to be filed no later than August 1, 2014. An amended notice of appeal and designation of record was filed on August 25, 2014.

Where an attorney candidly admits fault, we will grant the motion for belated appeal, and a copy of the opinion will be forwarded to the Committee on Professional Conduct. Mann v. Arkansas Dep’t of Human Servs., 2012 Ark. 96 (per curiam). Attorney Ralston admits that due to her lack of diligence, the notice of appeal was not timely filed. Accordingly, we grant the motion to file a belated notice of appeal and forward a copy of this opinion to the Committee.

Motion to file belated appeal granted.

Adell Ralston, pro se appellant.

No response.