Kukla v. Ark. Dep't of Human Servs. (Majority)

Annotate this Case

Download PDF

Cite as 2016 Ark. App. 287 ARKANSAS COURT OF APPEALS DIVISION III No. CV-16-94 BRIAN J. KUKLA Opinion Delivered May 25, 2016 APPELLANT APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. JV-2011-579] V. ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR CHILD APPELLEES HONORABLE JIM D. SPEARS, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED PHILLIP T. WHITEAKER, Judge Appellant Brian Kukla appeals from a Sebastian County Circuit Court order terminating his parental rights to his son, B.K. (d/o/b 09/29/10).1 His attorney has filed a motion to withdraw as counsel that is accompanied by a brief filed pursuant to Arkansas Supreme Court Rule 6-9 and Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), in which counsel argues that there are no issues of arguable merit for appeal. Mr. Kukla was given an opportunity to file pro se points for reversal but did not do so. After carefully examining the record and the no-merit brief, we hold that Mr. Kukla’s counsel has complied with the requirements for no-merit parental-termination appeals and that the appeal is wholly without merit. Accordingly, we affirm by memorandum opinion the 1 The order also terminated the parental rights of Jacqueline Kukla, B.K.’s mother. She has not appealed the order terminating her parental rights and is not a party to this appeal. Cite as 2016 Ark. App. 287 termination of Mr. Kukla’s parental rights. See In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e) (2015). We also grant counsel’s motion to withdraw from representation of Mr. Kukla. Affirmed; motion to withdraw granted. HARRISON and BROWN, JJ., agree. Leah Lanford, Arkansas Public Defender Commission, for appellant. No response. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.