Opinion
11-27
Opinion Delivered January 27, 2011
Motion for Rule on Clerk, Granted.
Appellant, Leah Petton, by and through her attorney, Deborah Sallings, has filed a motion for rule on clerk. The circuit court entered an order on October 7, 2010, terminating Petton's parental rights. Petton filed a notice of appeal on October 27, 2010.
Pursuant to Arkansas Supreme Court Rule 6-9(d) (2010), in dependency-neglect cases, the record shall be filed with the Clerk of the Supreme Court within seventy days of the filing of the notice of appeal. Here, Attorney Sallings tendered the record on January 7, 2011, two days after it was due.
Where an attorney candidly admits fault for failing to perfect an appeal, we will grant the motion for rule on clerk, and a copy of the opinion will be forwarded to the Committee on Professional Conduct. See McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). Attorney Sallings states in the motion that she accepts full responsibility for failing to ensure that the correct date was calculated for the record due date and for failing to timely lodge the record with the court. Accordingly, we grant the motion and forward a copy of this opinion to the Committee.
Motion granted.