Garcia v. Arkansas Department of Health & Human Services

Appellant Ray Garcia, by and through his attorney, Dee A. Scritchfield, has filed a motion to file a belated notice of appeal. The circuit court’s order terminating Garcia’s parental rights was filed April 21, 2008. Pursuant to Arkansas Supreme Court Rule 6-9(b)(2) (2008), Garcia’s notice of appeal was required to be filed no later than May 5, 2008, but was not filed until the next day, May 6, 2008. Ms. Scritchfield states that, due to her lack of diligence, Garcia’s notice of appeal was untimely filed.

This court clarified its treatment of motions for rule on clerk and motions for belated…