Ark. Dep't of Human Servs. v. J.D.
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SUPREME COURT OF ARKANSAS
No.
09-254
ARKANSAS DEPARTMENT OF
HUMAN SERVICES,
APPELLANT,
Opinion Delivered May 21, 2009
MOTION FOR RULE ON CLERK
VS.
J.D.,
APPELLEE,
GRANTED.
PER CURIAM
Appellant, the Arkansas Department of Human Services (ADHS), by and through its
attorney, Tabitha McNulty, has resubmitted a motion for rule on clerk to file the record and
have its appeal docketed. ADHS had previously filed a motion for rule on clerk after the
clerk refused to docket its appeal and would not accept the record due to a failure to comply
with Arkansas Rule of Appellate Procedure-Civil 5(b)(1). On April 16, 2009, we remanded
the case to the trial court for compliance with Rule 5(b)(1). See Arkansas Dep’t of Human
Servs. v. J.D., ___ Ark. ___, ___ S.W.3d ___ (Apr. 16, 2009) (per curiam).
On May 7, 2009, the trial court issued an order for the purposes of strictly complying
with the requirements of Rule 5(b)(1). The circuit court’s order reflects the reasons for
ADHS’s motion for extension of time; states that the time to lodge the record had not yet
expired when the motion was filed; states that all parties had an opportunity to be heard on
the motion; and that ADHS had made financial arrangements with the clerk and reporter and
09-254
has paid both. As the extension order is now in compliance with Rule 5(b)(1), the motion
is granted. Our clerk is directed to accept the record and docket the appeal.
Motion for rule on clerk granted.
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09-254
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