Opinion
CR 03-1065
Opinion delivered October 9, 2003
APPEAL ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk.
Motion for Rule on the Clerk; granted.
Meredith Wineland, P.A., by: Meredith Wineland, for appellant.
No response.
Appellant Michael Lowry, by and through his attorney, Meredith Wineland, has filed a motion for rule on clerk. Ms. Wineland admits responsibility for failing to timely file the record due to a mistake on her part.
[1] We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).
The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.