Opinion
No. CA 10-596
Opinion Delivered October 6, 2010.
Appeal from the Pulaski County Circuit Court, Tenth Division [No. JN2008-1257] Honorable Jewel Holloway Harper, Special Judge Affirmed; Motion Granted.
On March 22, 2010, the Pulaski County Circuit Court entered an order terminating the parental rights of appellant Penny Lambert to her three children. Lambert's attorney has filed a motion to withdraw and a no-merit brief pursuant to Linker-Flores v. Ark. Dep't of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004), and Rule 6-9(i) (2009) of the Rules of the Arkansas Supreme Court and Court of Appeals, asserting that there are no issues of arguable merit to support the appeal. Counsel's motion is accompanied by an abstract, addendum, and brief discussing the sufficiency of the evidence and fifteen rulings at trial adverse to Lambert. The clerk of this court sent copies of counsel's motion and brief to Lambert at her last known address, informing her that she had the right to file pro se points for reversal. The letter was returned to the clerk unclaimed and Lambert has not filed any pro se points. Neither the Arkansas Department of Human Services (DHS) nor the attorney ad litem has filed a brief; however, both have filed letters pursuant to Ark. Sup. Ct. R. 6-9(i)(2) stating that they concur that the appeal has no merit.
After carefully examining the record and the brief presented to us, we find that counsel has complied with the requirements established by the Arkansas Supreme Court for no-merit appeals in termination cases and also conclude that the appeal is wholly without merit. Accordingly, we grant counsel's motion to withdraw and affirm the order terminating Lambert's parental rights.
Affirmed; motion granted.
GRUBER and HENRY, JJ., agree.