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KAYLA McPHERSON APPELLANT v. ARKANSAS DEPARTMENT OF HUMAN SERVICES APPELLEE

JOHN MAUZY PITTMAN

APPEAL FROM THE LONOKE COUNTY CIRCUIT COURT [NO. JV-2011-68]
HONORABLE BARBARA ELMORE,
JUDGE
APPEAL DISMISSED

JOHN MAUZY PITTMAN
, Judge

Appellant seeks to appeal an order terminating her parental rights to her three minor children. We dismiss the appeal for want of jurisdiction.

The requirements of a notice of appeal in dependency-neglect proceedings differ from normal procedure in that Arkansas Supreme Court Rule 6-9(b)(1)(B) requires that the notice of appeal and designation of record be signed not only by appellant's counsel but also by the appellant herself if, as here, she is an adult. A notice of appeal in such cases that lacks the signature of the appellant is deficient. Martin v. Arkansas Department of Health & Human Services, 369 Ark. 477, 255 S.W.3d 830 (2007). Not every defect in a notice of appeal will deprive the appellate court of jurisdiction, see Evins v. Carvin, 2012 Ark. App. 622, but the Arkansas Supreme Court has required strict compliance with the appellant-signature requirement of Rule 6-9(b)(1)(B). See, e.g., S.F. v. Arkansas Department of Health & Human Services, 370 Ark. 475, 261 S.W.3d 462 (2007).

Although we must dismiss this appeal for lack of jurisdiction, we note that the Arkansas Supreme Court may grant a motion for belated appeal under certain circumstances. See Garcia v. Arkansas Department of Health & Human Services, 374 Ark. 144, 286 S.W.3d 674 (2008); S.F. v. Arkansas Department of Health & Human Services, supra; Ark. R. App. P.—Crim. 2(e).

Appeal dismissed.

GLADWIN, C.J., and VAUGHT, J., agree.

Charles D. Hancock, for appellant.

Tabitha Baertels McNulty, County Legal Operations, for appellee.

Chrestman Group, PLLC, by: Keith Chrestman, attorney ad litem for minor children.

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McPherson v. Ark. Dep't of Human Servs.
(Apr 17, 2013)