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Lively v. Arkansas Department of Human Services

Supreme Court of Arkansas

November 6, 2014

JONATHAN LIVELY APPELLANT
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES APPELLEE

MOTION TO FILE BELATED NOTICE OF APPEAL

Adell Ralston, pro se appellant.

No response.

PER CURIAM

Appellant Jonathan Lively, by and through his attorney, Adell Ralston, has filed a motion to file a belated notice of appeal. An order terminating Lively's parental rights was entered on July 11, 2014. Pursuant to Arkansas Supreme Court Rule 6–9(b)(1) (2012), Lively's notice of appeal was required to be filed no later than August 1, 2014. An amended notice of appeal and designation of record was filed on August 25, 2014.

Where an attorney candidly admits fault, we will grant the motion for belated appeal, and a copy of the opinion will be forwarded to the Committee on Professional Conduct. Mann v. Arkansas Dep't of Human Servs., 2012 Ark. 96 (per curiam). Attorney Ralston admits that due to her lack of diligence, the notice of appeal was not timely filed. Accordingly, we grant the ...


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