Westendorf v. ADHS
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Cite as 2010 Ark. App. 60
ARKANSAS COURT OF APPEALS
DIVISION I
CA09-909
No.
Opinion Delivered
SAMANTHA WESTENDORF
APPELLANT
V.
ARKANSAS DEPARTMENT OF
HUMAN SERVICES
APPELLEE
January 20, 2010
APPEAL FROM THE WASHINGTON
COUNTY CIRCUIT COURT,
[NO. JV 2008-49-3]
HONORABLE STACEY
ZIMMERMAN, JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
ROBERT J. GLADWIN, Judge
On May 22, 2009, the Washington County Circuit Court entered an order
terminating the parental rights of appellant Samantha Westendorf to her two sons.
Westendorf’s attorney has filed a motion to withdraw and a no-merit brief pursuant to LinkerFlores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and
Rule 6-9(i) (2009) of the Rules of the Arkansas Supreme Court and Court of Appeals,
asserting that there are no issues of arguable merit to support the appeal. Counsel’s motion is
accompanied by an abstract, addendum, and brief discussing the sufficiency of the evidence
and stating that there were no rulings at trial adverse to Westendorf. The clerk of this court
sent copies of counsel’s motion and brief to Westendorf at her last known address, informing
her that she had the right to file pro se points for reversal. Westendorf has not filed any pro se
Cite as 2010 Ark. App. 60
points. The Arkansas Department of Human Services (DHS) has not filed a brief.
After carefully examining the record and the brief presented to us, we find that counsel
has complied with the requirements established by the Arkansas Supreme Court for no-merit
appeals in termination cases and also conclude that the appeal is wholly without merit.
Accordingly, we grant counsel’s motion to withdraw and affirm the order terminating
Westendorf’s parental rights.
Affirmed; motion granted.
MARSHALL and BAKER, JJ., agree.
-2-
CA09-909
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