Whitham v. Arkansas Department of Human Services

Appellant David Whitham, by and through his attorney, has filed a motion for rule on the clerk. His attorney, Deborah Sailings, states in the motion that the record was tendered late due to an error on her part.

This court clarified its treatment of motions for rule on clerk and motions for belated appeals in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). There we said that there are only two possible reasons for an appeal not being timely perfected: either the party or attorney filing the appeal is at fault, or, there is “good reason.” 356 Ark. at 116, 146 S.W.3d at 891. We explained: