Opinion
CR 96-1222
Opinion delivered October 28, 1996
APPEAL ERROR — MOTION FOR RULE ON CLERK — DENIED. — Where appellant's motion for rule on the clerk admitted that the record was not timely filed, but neither appellant nor his current attorney admitted fault, the motion did not state good cause for granting a motion for rule on the clerk; the motion was denied, but the supreme court provided that, if appellant's current attorney would concede by affidavit that it was his fault that the record was not filed, or if other good cause were shown, then the motion would be granted.
Motion for Rule on the Clerk; denied.
Honey Honey, P.A., by: Charles L. "Chuck" Honey, for appellant.
No response.
Appellant O.C. Willingham, by his attorney, has filed a motion for rule on the clerk.
[1] The motion admits that the record was not timely filed, but neither appellant nor his current attorney admit fault. As such, the motion for rule on the clerk does not state good cause for granting the motion as discussed in our per curiam, In re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979). If appellant's current attorney, Charles L. Honey, will concede by affidavit that it was his fault that the record was not filed, or if other good cause is shown, then the motion will be granted. The present motion for rule on the clerk is denied.