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Walters v. Arkansas Department of Human Services4/23/2003
because Ms. Walters' sole argument has not been preserved for our review.
At no time during any of the proceedings below did Ms. Walters assert any bias on the part of Judge Branton or move for the judge's recusal. For this reason, review of her argument is unnecessary. See Dodson v. Allstate Ins. Co., 345 Ark. 430, 47 S.W.3d 866 (2001).
It is not apparent that any other arguments are being raised in this appeal. However, to the extent that Ms. Walters may also be appealing based on the individual errors that allegedly occurred at the adjudication hearing, we note that Arkansas Rule of Appellate Procedure - Civil 2(c)(3)(A) provides that orders resulting from adjudication hearings are final appealable orders. Ms. Walters' failure to appeal from the final, appealable adjudication order deprives this court of jurisdiction to address any assignments of error pertaining to the adjudication hearing. See Moore v. Arkansas Dep't of Human Servs., 69 Ark. App. 1, 9 S.W.3d 531 (2000).
It is also evident that no error occurred during the termination hearing regarding the separate errors asserted by Ms. Walters. While the trial court did indicate that custody could not be returned to Ms. Walters while she was incarcerated, this was a true statement; the trial court did not state that it was bound to terminate parental rights based on her incarceration, but rather examined all of the evidence before reaching its decision. As to the trial court's consideration of the facts contained in the orders in the previous termination case, the record does not reflect that any objection to such consideration was made during the termination hearing. Moreover, Ms. Walters has cited no authority nor made any convincing argument on this point, and this is another reason that we need not address the issue. See Smith-Blair, Inc. v. Jones, 77 Ark. App. 273, 72 S.W.3d 560 (2002).
Affirmed.
Stroud, C.J., and Crabtree, J., agree.
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