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White v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division I

June 18, 2014

DEBRA WHITE APPELLANT
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES and MINOR CHILD APPELLEES

APPEAL FROM THE YELL COUNTY CIRCUIT COURT, DANVILLE DISTRICT [NO. 75SJV-12-14] HONORABLE TERRY SULLIVAN, JUDGE

Dusti Standridge, for appellant.

No response.

WAYMOND M. BROWN, Judge

The Yell County Circuit Court terminated the parental rights of appellant Debra White to her daughter, F.W., born June 23, 2000. White's counsel has filed a motion to withdraw and a no-merit brief, pursuant to Linker-Flores v. Ark. Dep't of Human Servs., [1] and Arkansas Supreme Court Rule 6-9(i), [2] contending that there are no meritorious grounds to support an appeal. The clerk of our court mailed a certified copy of counsel's motion and brief to appellant, informing her of her right to file pro se points for reversal. Appellant has not filed any pro se points for reversal. We order rebriefing and deny counsel's motion to withdraw.

White's statement of the case describes a dependency/neglect adjudication rather than the facts of the present appeal. A statement of the case should be sufficient to enable the appellate court to understand the nature of the case, the general fact situation, and the action taken by the trial court.[3] The current statement is not relevant to the matter at hand and therefore does not comply with our rules. We therefore order rebriefing to allow appellant to cure this defect and provide a proper statement of the case.[4] Appellant has fifteen days from the date of this opinion to file a substituted brief that conforms with our rules.[5]

Rebriefing ordered; motion to withdraw denied.

Gladwin, C.J., and Vaught, J., agree.


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