Jones v. Ark. Dep't of Human Servs. , 2016 Ark. App. 470 ( 2016 )

Cite as 2016 Ark. App. 470
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-16-509
Opinion Delivered October 5, 2016
JAMIE JONES APPEAL FROM THE LONOKE
APPELLANT COUNTY CIRCUIT COURT
[NO. JV-14-36]
V.
HONORABLE BARBARA ELMORE,
ARKANSAS DEPARTMENT OF JUDGE
HUMAN SERVICES and MINOR
CHILD
APPELLEES APPEAL DISMISSED
WAYMOND M. BROWN, Judge
Appellant Jamie Jones seeks to appeal an order by the Lonoke County Circuit Court
terminating her parental rights to her son, B.M. (d.o.b. 09-12-11). We dismiss the appeal for
want of jurisdiction.
The requirements of a notice of appeal in dependency-neglect proceedings differ from
normal procedure in that Arkansas Supreme Court Rule 6-9(b)(1)(B) requires that the notice
of appeal and designation of record be signed not only by appellant’s counsel, but also by the
appellant herself, if, as here, she is an adult.1 A notice of appeal in such cases that lacks the
signature of the appellant is deficient.2 Not every defect in a notice of appeal will deprive the
appellate court of jurisdiction, but our supreme court has required strict compliance with the
1
Appellant’s d.o.b. is 03-03-77.
2
See McPherson v. Ark. Dep’t of Human Servs., 2013 Ark. App. 238.
Cite as 2016 Ark. App. 470
appellant-signature requirements of Rule 6-9(b)(1)(B).3 Here, appellant’s attorney has signed
the notice of appeal for appellant and has noted “by her attorney John Ogles.” This is in
violation of our rules. Therefore, we dismiss this appeal for lack of jurisdiction. We note
that the Arkansas Supreme Court may grant a motion for belated appeal under certain
circumstances.4
Appeal dismissed.
VAUGHT and HIXSON, JJ., agree.
Ogles Law Firm, P.A., by: John Ogles, for appellant.
Andrew Firth, County Legal Operations, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor child.
3
Id.
4
Id.
2