ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
RAYMOND R. ABRAMSON, JUDGE:
CV-20-615. Aaron C. Keeney and Laura J. Keeney v. David McQueen and Tina McQueen, from Benton County Circuit Court. Reversed and remanded. Gladwin and Klappenbach, JJ., agree.
BART F. VIRDEN, JUDGE:
CR-19-974. William Edward Gray v. State of Arkansas, from Pope County Circuit Court. Affirmed. Abramson and Hixson, JJ., agree.
CR-21-81. Jimmy Wayne Sparks v. State of Arkansas, from Poinsett County Circuit Court. Affirmed. Harrison, C.J., and Gruber, J., agree.
ROBERT J. GLADWIN, JUDGE:
CV-20-616. Minor L. McNeil v. Arkansas Department of Finance and Administration; Robert Pugh, Manager; and Wade Gambill, Auditor, from Pulaski County Circuit Court, Twelfth Division. Affirmed. Abramson and Klappenbach, JJ., agree.
N. MARK KLAPPENBACH, JUDGE:
E-21-86. Charles Edward Cross v. Director, Arkansas Division of Workforce Services, from the Arkansas Board of Review. Appeal dismissed. Abramson and Gladwin, JJ., agree.
RITA W. GRUBER, JUDGE:
CV-20-751. Kristi Priesmeyer (now Ramos) v. Daniel Huggins, Jr., from Benton County Circuit Court. Reversed and remanded. Harrison, C.J., and Virden, J., agree.
STEPHANIE POTTER BARRETT, JUDGE:
CV-20-580. Jack Wayne Matthews v. Shirlee Diane Matthews, from Sebastian County Circuit Court, Fort Smith District. Affirmed. Vaught and Murphy, JJ., agree.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
PHILLIP T. WHITEAKER, JUDGE:
CV-20-609. Lance Leavell and Christy Leavell v. Jerry Gentry and Jimmy Bowden, from Pope County Circuit Court. Affirmed. Hixson and Brown, JJ., agree.
KENNETH S. HIXSON, JUDGE:
CR-21-119. L.C. Kennedy, Jr. v. State of Arkansas, from Craighead County Circuit Court, Western District. Affirmed as modified. Whiteaker and Brown, JJ., agree.
MIKE MURPHY, JUDGE:
CR-20-384. Joshua M. Miller v. State of Arkansas, from Baxter County Circuit Court. Affirmed. Barrett and Vaught, JJ., agree.
CV-20-668. Leshay Morris (Eversoll) v. John Morris, from Pulaski County Circuit Court, Seventeenth Division. Affirmed. Gladwin and Brown, JJ., agree.
WAYMOND M. BROWN, JUDGE:
CV-20-478. Misty Fox v. Eric Fox, from Pulaski County Circuit Court, Thirteenth Division. Dismissed without prejudice. Whiteaker and Hixson, JJ., agree.
PROCEEDINGS OF OCTOBER 27, 2021
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CV-19-70. Mullen, Inc.; Larry J. Steele; and Janet Steele v. J.R. Rogers and Michelle Rogers, from Lawrence County Circuit Court.
CV-19-307. Kimberly “Shelly” R. Redwine v. Kevin Wade Coursey and Tiffany Phillips, from Sharp County Circuit Court. See substituted opinion issued this date.
CV-19-346. Ileshia Garner and Dezmon Gordon v. The Goodyear Tire and Rubber Company, from Phillips County Circuit Court.
CV-19-415. Ann Cogswell and Sarah McNeil, as Special Administrators for the Estate of Margaret Faye Cogswell, Deceased v. Margaret Lynn Cooper, as Executrix and Administrator of the Estate of Mary Cloar, Deceased, from Pope County Circuit Court. Virden and Gruber, JJ., not participating.
CV-20-112. (In the Matter of the Estate of David P. Shockley, Deceased) Tammy Davis and Alice Barclay v. Glenda Bassett, from Boone County Circuit Court.
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CR-20-207. Joseph Evan Bennion v. State of Arkansas, from Benton County Circuit Court. Appellant’s motion to file belated brief is granted.
CR-20-522. Derrick Quijada v. State of Arkansas, from Logan County Circuit Court, Northern District. Motion of Rena Beth Wright for attorney’s fees is granted. Allowed $2000.00.
CR-21-18. Stephen Christopher Raino v. State of Arkansas, from Ashley County Circuit Court. Motion of Gary W. Potts for attorney fees is granted. Allowed $2000.00.
CR-21-19. Stephen Christopher Raino v. State of Arkansas, from Ashley County Circuit Court. Motion of Gary W. Potts for attorney fees is granted. Allowed $2000.00.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
PER CURIAM ORDERS
CR-21-82. Jeremy Andrew Avery v. State of Arkansas, from Garland County Circuit Court. Appellant’s pro se motion for extension of time is granted. Appellant’s brief is due in thirty days (November 26, 2021). Harrison, C.J., would deny.
CR-21-330. Toby Howe v. State of Arkansas, from Benton County Circuit Court. Appellee’s motion to supplement the record is granted.
CR-21-330. Toby Howe v. State of Arkansas, from Benton County Circuit Court. Appellee’s motion for extension of brief time is granted.
CR-21-393. Jeff Dunlap v. State of Arkansas, from Saline County Circuit Court. Renewed motion to withdraw as counsel of record and substitute counsel. The case is remanded to the circuit court for determination of appellant’s indigency status. The circuit court’s finding is due within thirty days (November 26, 2021).
CR-21-394. Jeff Dunlap v. State of Arkansas, from Saline County Circuit Court. Renewed motion to withdraw as counsel of record and substitute counsel. The case is remanded to the circuit court for determination of appellant’s indigency status. The circuit court’s finding is due within thirty days (November 26, 2021).
CR-21-439. Charles Stepp v. State of Arkansas, from Johnson County Circuit Court. Motion of Otto R. Fry to be relieved and for substitution as counsel of record is granted.
CR-21-462. Ryan Warren v. State of Arkansas, from Boone County Circuit Court. Appellant’s motion for leave to file trial exhibits under seal is granted.
CR-21-471. Samuel McKaig v. State of Arkansas, from Garland County Circuit Court. Appellant’s motion for belated appeal is granted.
CR-21-471. Samuel McKaig v. State of Arkansas, from Garland County Circuit Court. Motion of James Law Firm to be relieved is granted.
CV-21-71. Jose A. Morales v. Athalia Garcia, from Faulkner County Circuit Court. Appellant’s motion to expedite the court proceedings is denied.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
PER CURIAM ORDERS
CV-21-87. (In the Matter of the Estate of John Z. Tackett, Jr., Deceased) Cody Tackett and Toni Tackett Womble v. Amy Freedman, Special Administratrix of the Estate of John Z. Tackett, Jr., Deceased; Miller-Claborn Oil Distributing Company, Inc.; and Melissa Wright Tackett, from Sevier County Circuit Court. Appellants’ motion to file a consolidated reply brief to both of the appellees’ response briefs and establishing a new due date is moot. Barrett, J., not participating.
CV-21-164. Hemp Health, LLC; and Izard Health, LLC v. Arkansas Department of Human Services; Cindy Gillespie, Director of the Arkansas Department of Human Services; Cecilia Vinson, Director, Office of Long Term Care; and Jerald Sharum, Director, Division of Provider Services & Quality Assurance, from Pulaski County Circuit Court, Ninth Division. Appellees’ motion to strike portions of appellants’ reply brief is passed until the case is submitted. Abramson, J., not participating.
CV-21-308. Marsha Dodson Gill v. Darryl Sullivan, from Stone County Circuit Court. Appellant’s unopposed motion to consolidate is granted.
CV-21-332. Ellen Lafkin Brown v. Karen Shipley, from Saline County Circuit Court. Appellee’s motion to file belated brief is granted.
CV-21-389. Nelda Coleman and Charles Coleman (Deceased) v. Harmon Gareth Tobler, M.D.; Richard Betzold, M.D.; and BXS Insurance, Inc., from Pulaski County Circuit Court, Sixteenth Division. Appellant Nelda Coleman’s pro se motion to supplement the record is denied. Gladwin, J., not participating.
CV-21-432. Kristen Gibby v. Arkansas Department of Human Services and Minor Children, from Conway County Circuit Court. Appellant’s motion for seven-day extension to file brief is granted. Virden, J., not participating.
CV-21-445. John Dickerson, Jr., Administrator of the Estate of Betty Matlock, Deceased v. St. Vincent Hospital; Emmanuel Tancinco, M.D.; and Nizar Mohamedali Suleman, M.D., from Garland County Circuit Court. Appellant’s pro se motion to correct the record is granted.
CV-21-474. (In the Matter of the Adoption of K.K.M., a Minor) Brie Mendez v. Pedro Mendez and Erin Mendez, from Crawford County Circuit Court. Appellees’ motion to docket and dismiss appeal is granted.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
PER CURIAM ORDERS
CV-21-478. Arthur Carson v. The Corporation d/b/a Envolve; and T. Hubbard, The Cottage Apt. Manager, from Pulaski County Circuit Court, Eleventh Division. Appellees’ motion to dismiss appeal is granted.
CV-21-494. Marsha Dodson Gill v. Darryl Sullivan, from Stone County Circuit Court. Appellant’s unopposed motion to stay and consolidate is granted.
E-21-198. Rachel Hourston v. Director et al., from the Arkansas Board of Review. Petitioner’s motion to allow addendum supplementation of record is denied. Petitioner’s corrected brief is due in fourteen days (November 10, 2021).
E-21-198. Rachel Hourston v. Director et al.., from the Arkansas Board of Review. Respondents’ motion to correct the record is granted.
E-21-199. Rachel Hourston v. Director et al., from the Arkansas Board of Review. Petitioner’s motion for rule on clerk and for an extension of time is treated as a motion to correct brief and is granted. Petitioner’s corrected brief is due in fourteen days (November 10, 2021).
E-21-352. Roy Hall v. Director et al., from the Arkansas Board of Review. Petitioner’s pro se motion for response is denied.
E-21-352. Roy Hall v. Director et al., from the Arkansas Board of Review. Petitioner’s motion to add documents is denied.
E-21-590. Paula Pendarvis v. Director et al., from the Arkansas Board of Review. Petitioner’s motion to enter evidence is treated as a motion to remand to settle the administrative record and is granted. Virden, Klappenbach, and Whiteaker, JJ., would deny.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
MOTIONS SUBMITTED
CR-19-249. James M. Bohanan v. State of Arkansas, from Conway County Circuit Court. Motion of Robert N. Jeffrey for attorney’s fees.
CR-19-249. James M. Bohanan v. State of Arkansas, from Conway County Circuit Court. Amended motion of Robert N. Jeffrey for attorney’s fees.
CR-20-119. Vincent N. Ludwick v. State of Arkansas, from Madison County Circuit Court. Motion of W. Whitfield Hyman for costs and attorney fees.
CR-21-90. Cameron Braswell v. State of Arkansas, from Drew County Circuit Court. Motion of Gary W. Potts for costs and attorney fees.
CR-21-93. McKinzie Kory Martin v. State of Arkansas, from Drew County Circuit Court. Motion of Gary W. Potts for costs and attorney fees.
CR-21-182. Donald Wayne Black v. State of Arkansas, from Saline County Circuit Court. Appellee’s motion to dismiss, or, in the alternative, for extension of brief time.
CR-21-196. Billy Hoover v. State of Arkansas, from Crawford County Circuit Court. Appellant’s petition for writ of certiorari to complete the record.
CR-21-297. Micah Angel v. State of Arkansas, from Craighead County Circuit Court, Western District. Appellant’s pro se motion for permission to supplement record with documents.
CR-21-383. Noah Douglas Wright v. State of Arkansas, from Craighead County Circuit Court, Western District. Appellant’s pro se request for use of copy of the certified Rule 37 hearing transcript for preparation of appeal brief and arguments and for a forty-day extension of time to file the appeal brief.
CR-21-497. Jeffrey Lee Haynes v. State of Arkansas, from Franklin County Circuit Court, Northern District. Motion of Matthew Dearmore to be relieved as attorney for appellant and stay briefing schedule.
CV-19-764. Ronald E. Dana and Linda D. Dana v. Diamante Members Club, Inc., from Saline County Circuit Court. Motion of James Armogida to withdraw as counsel.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
MOTIONS SUBMITTED
CV-19-765. Al Faigin and N.G. Faigin v. Diamante Members Club, Inc.; and Diamante, a Private Membership Golf Club, LLC, from Saline County Circuit Court. Motion of James Armogida to withdraw as counsel.
CV-19-765. Al Faigin and N.G. Faigin v. Diamante Members Club, Inc.; and Diamante, a Private Membership Golf Club, LLC, from Saline County Circuit Court. Amended motion of James Armogida to withdraw as counsel.
CV-19-766. John Brunner and Carolyn Brunner v. Diamante Members Club, Inc., from Saline County Circuit Court. Motion of James Armogida to withdraw as counsel.
CV-19-767. Phillip Woodward and Katherine Woodward v. Diamante Members Club, Inc., from Saline County Circuit Court. Motion of James Armogida to withdraw as counsel.
CV-19-767. Phillip Woodward and Katherine Woodward v. Diamante Members Club, Inc., from Saline County Circuit Court. Amended motion of James Armogida to withdraw as counsel.
CV-19-769. Mark Dana and Diana Dana v. Diamante Members Club, Inc., from Saline County Circuit Court. Motion of James Armogida to withdraw as counsel.
CV-19-770. George Hunter and Joan Hunter v. Diamante Members Club, Inc; and Diamante, a Private Membership Golf Club, LLC, from Saline County Circuit Court. Motion of James Armogida to withdraw as counsel.
CV-19-858. David Kinder v. Wendy Kinder, from Pulaski County Circuit Court, Third Division. Appellant’s motion to supplement the record.
CV-19-858. David Kinder v. Wendy Kinder, from Pulaski County Circuit Court, Third Division. Appellant’s motion to recall remand.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
MOTIONS SUBMITTED
CV-21-63. Rudolph Underwood v. United Services Automobile Association General Indemnity Company; President/CEO Stuart B. Parker, in His Official Capacity; Ryan Milliken; Lacy Law Firm; Mike E. Mullally, Professional Conduct Board Member; Snellgrove, Langley, Culpepper, Williams & Mullally Law Firm; Arkansas Supreme Court Committee on Professional Conduct; Robert Stark Ligon, Jr., Director, in His Official Capacity; Brad Hendricks Law Firm; and Lloyd W. Kitchens, from Craighead County Circuit Court, Western District. Appellant’s pro se motion for reconsideration and to set aside the appeal dismissal order.
CV-21-198. Teresa James v. Mary Cynthia Mounts; James Phillip Rocconi; and Richard Anthony Rocconi, Individually and as Executor of the Estate of James R. Rocconi, Deceased, from Ouachita County Circuit Court. Appellees’ motion to correct the record.
CV-21-298. First Arkansas Bail Bonds v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Appellant’s motion to consolidate appeals, clarify the record and for extension of time.
CV-21-300. Bobby Cox Bail Bonds, Inc. v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Appellant’s motion to consolidate appeals, clarify the record and for extension of time.
CV-21-301. First Arkansas Bail Bonds v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Appellant’s motion to consolidate appeals, clarify the record and for extension of time.
CV-21-302. First Arkansas Bail Bonds v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Appellant’s motion to consolidate appeals, clarify the record and for extension of time.
CV-21-389. Nelda Coleman and Charles Coleman (Deceased) v. Harmon Gareth Tobler, M.D.; Richard Betzold, M.D.; and BXS Insurance, Inc., from Pulaski County Circuit Court, Sixteenth Division. Appellant Nelda Coleman’s pro se second motion to supplement the record.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
MOTIONS SUBMITTED
CV-21-389. Nelda Coleman and Charles Coleman (Deceased) v. Harmon Gareth Tobler, M.D.; Richard Betzold, M.D.; and BXS Insurance, Inc., from Pulaski County Circuit Court, Sixteenth Division. Appellant Nelda Coleman’s pro se third motion to supplement the record.
CV-21-389. Nelda Coleman and Charles Coleman (Deceased) v. Harmon Gareth Tobler, M.D.; Richard Betzold, M.D.; and BXS Insurance, Inc., from Pulaski County Circuit Court, Sixteenth Division. Appellant Nelda Coleman’s pro se motion for more time on the brief until the court rules on the motions to supplement the record.
E-21-352. Roy Hall v. Director et al., from the Arkansas Board of Review. Petitioner’s pro se motion for support.
E-21-361. Abdoulie Krubally v. Director et al., from the Arkansas Board of Review. Petitioner’s pro se motion to add evidence.
E-21-636. Courtney Jackson v. Director et al., from the Arkansas Board of Review. Petitioner’s motion to file belated appeal.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
CASES SUBMITTED
CR-20-452. Preston Johnson v. State of Arkansas, from Saline County Circuit Court.
CR-21-91. Anthony Darnell Warren v. State of Arkansas, from Nevada County Circuit Court.
CV-20-251. (In the Matter of the Hamilton Living Trust Dated September 22, 2013) Larry Hamilton v. Bank of the Ozarks; Ellen B. Brantley, Successor Trustee of the Hamilton Living Trust Dated September 22, 2013; and Susan Cossey, from Pulaski County Circuit Court, Fifteenth Division.
CV-20-439. Curis Pharmacy (Sentrix Pharmacy & Discount, LLC) OS02705 and Kenneth Zielinski PD10077 v. Arkansas State Board of Pharmacy, from Pulaski County Circuit Court, Twelfth Division.
CV-20-442. James Willie Sutton, Jr.; Homer Willis; and Lewis Willis, Each in Their Own Respective Individual Capacities; and on Behalf of the Heirs, Assigns, and Successors of Nathaniel Neal and Emaline Neal (Married Persons, Deceased) v. Jerry D. Pickett and Judy K. Pickett, Married Persons, from Sevier County Circuit Court.
CV-20-585. Demetrios Kollias d/b/a Paper Moon v. Arkansas Alcoholic Beverage Control Board, from Pulaski County Circuit Court, Sixth Division.
CV-20-595. Aaron C. Sluyter and Cheryl Sluyter v. Wood Guys, LLC, from Benton County Circuit Court.
CV-20-660. Bob Robbins v. Judy Lemay, from Clark County Circuit Court.
CV-20-677. (In the Matter of the Adoption of A.P., a Minor) Dillon Arnold v. Nicklaus Przytarski and Courtney Przytarski, from Garland County Circuit Court.
CV-21-71. Jose A. Morales v. Athalia Garcia, from Faulkner County Circuit Court.
CV-21-240. Elizabeth Darnell v. Arkansas Department of Human Services and Minor Child, from Sebastian County Circuit Court, Fort Smith District.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
CASES SUBMITTED
The following cases are appeals from the Arkansas Board of Review.
E-20-289. Phillip Harrison v. Director et al.
E-21-100. Marquitta Keaton v. Director et al.
E-21-101. Trina Mitchell v. Director et al.
E-21-102. Trina Mitchell v. Director et al.
E-21-103. Derrick Hawkins v. Director et al.
E-21-105. Orlicia Brown v. Director et al.
E-21-107. Linda Shirey v. Director et al.
E-21-108. Jennifer Hernandez v. Director et al.
E-21-109. Latrell Lanigan v. Director et al.
E-21-110. Joy Groning v. Director et al.
E-21-111. Janet Young v. Director et al.
E-21-112. India Walker v. Director et al.
E-21-113. Candice Henry v. Director et al.
E-21-114. Candice Henry v. Director et al.
E-21-115. Jason Allen v. Director et al.
E-21-116. James Wood v. Director et al.
E-21-117. Shannon Thornton v. Director et al.
E-21-118. Jelisa Cooper v. Director et al.
ARKANSAS COURT OF APPEALS
PROCEEDINGS OF OCTOBER 27, 2021
CASES SUBMITTED
E-21-119. Jeremy Marler v. Director et al.
E-21-120. Kaitlyn Bolton v. Director et al.
E-21-121. Denise Rohr v. Director et al.
E-21-122. Tylar Lee v. Director et al.
E-21-123. Calvin Withers v. Director et al.
E-21-124. Idmon Tawoj v. Director et al.
E-21-125. Gedion C. Rotich v. Director et al.
Opinions are available on the internet at
http://arcourts.gov