Court of Appeals

Decision Information

Decision Content

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases. CR-22-734. Robert Corinth Wilson v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division.

CV-22-1. David Thomas and Cynthia Parker v. Adam Gray; Amanda Cox; and Dominque Belles, from Fulton County Circuit Court. Petition of appellees Amanda Cox and Dominique Belles for rehearing.

CV-22-1. David Thomas and Cynthia Parker v. Adam Gray; Amanda Cox; and Dominque Belles, from Fulton County Circuit Court. Petition of Adam Gray for rehearing.

CV-22-240. Celeste Vereen v. Charles Vereen, from Pulaski County Circuit Court, Eleventh Division. Thyer, J., not participating.

CV-22-270. (In the Matter of the Estate of Adolph Johnson) Stephanie Johnson, Individually; and Gwendolyn Akins, as Her Next Friend v. Felecia Parker-Green, from Pulaski County Circuit Court, Thirteenth Division.

CV-22-272. Thompson Maner v. Kathryn Maner, from Washington County Circuit Court. CV-22-487. Vicki Bush v. Bush Machine and Tractor, Inc.; Laurence Erwin Bush; Ryan Bush; and Tory Bush, from Sebastian County Circuit Court, Fort Smith District. Gladwin, J., not participating.

CV-22-718. Celeste Vereen v. Charles Vereen, from Pulaski County Circuit Court, Eleventh Division. Thyer, J., not participating.

E-22-256. Dennard Turner v. Director et al., from the Arkansas Board of Review. ********************************************* CR-10-206. Timothy Mack Clemmons v. State of Arkansas, from Pulaski County Circuit Court, Fifth Division. Appellant’s pro se motion to recall mandate and affidavit of indigency is denied.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CR-22-175. Jamie Demon Jacobs v. State of Arkansas, from Columbia County Circuit Court. Motion of Erin Lewis for attorney’s fees is granted. Allowed $2250.

CR-22-258. Christopher Burns v. State of Arkansas, from Hot Spring County Circuit Court. Motion of Gregory Crain for attorney fees is granted. Allowed $1000.

CR-22-325. Sarah Heathman v. State of Arkansas, from Grant County Circuit Court. Motion of Gregory Crain for attorney fees is denied. See Supreme Court Rule 6-6(d).

CR-22-342. Richard McClure v. State of Arkansas, from Clark County Circuit Court. Motion of Matt Kezhaya and Sonia Kezhaya for attorney’s fees is denied. See Supreme Court Rule 6-6(d). Harrison, C.J., and Abramson, Thyer, and Wood, JJ., would grant.

CR-22-364. Rhatez Furlow v. State of Arkansas, from Craighead County Circuit Court, Western District. Motion of Michael Kiel Kaiser for fees is granted. Allowed $2250. Klappenbach and Thyer, JJ., not participating.

CR-22-422. Charles Burnett v. State of Arkansas, from Conway County Circuit Court. Motion of Robert M. “Robby” Golden for award of attorney’s fees is granted. Allowed $2250. Virden, J., not participating.

CR-22-457. Lorenzo Valentino McCullough v. State of Arkansas, from Washington County Circuit Court. Appellant’s verified pro se motion to discontinue pursuit of appeal is granted. Appeal dismissed.

CR-22-481. Carl Skaggs v. State of Arkansas, from Franklin County Circuit Court, Northern District. Motion of Samuel Eastman for award of attorney’s fees is granted. Allowed $1500. Virden, J., not participating.

CR-22-483. Carl Skaggs v. State of Arkansas, from Johnson County Circuit Court. Motion of Samuel Eastman for award of attorney’s fees is granted. Allowed $350. Virden, J., not participating.

CR-22-525. Assefa G. Egziabher v. State of Arkansas, from Washington County Circuit Court. Motion of Hannah L. Templin, Assistant Solicitor General, to withdraw as counsel is granted. Klappenbach, J., not participating.

2

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CR-22-569. Whitney Scruggs v. State of Arkansas, from Lonoke County Circuit Court. Motion of Robert M. “Robby” Golden for award of attorney’s fees is granted. Allowed $1000.

CR-22-631. Douglas Langlois v. State of Arkansas, from Jefferson County Circuit Court. Motion of Gary W. Potts for costs and attorney’s fees is granted. Allowed $2250.

CR-22-729. Anthony Simmons v. State of Arkansas, from Jefferson County Circuit Court. Motion of Eric Moore for award of attorney’s fees is granted. Allowed $2250. Virden, J., not participating.

CR-22-729. Anthony Simmons v. State of Arkansas, from Jefferson County Circuit Court. Motion of Eric Moore to withdraw as counsel is granted. Virden, J., not participating.

CR-22-759. Justin Lawrence v. State of Arkansas, from Pope County Circuit Court. Motion of John Wesley Hall for attorney’s fees is granted. Allowed $2250. Virden, J., not participating.

CR-22-777. Brendan Burns v. State of Arkansas, from Arkansas County Circuit Court, Northern District. Appellant’s motion for extension of time to file brief is moot. Klappenbach, J., not participating.

CR-22-777. Brendan Burns v. State of Arkansas, from Arkansas County Circuit Court, Northern District. Appellant’s petition for writ of certiorari to complete the record, or, in the alternative, motion to remand to settle the record is granted. Klappenbach, J., not participating.

CR-23-5. Quintin Bailey v. State of Arkansas, from Jefferson County Circuit Court. Motion of Gary W. Potts for costs and attorney fees is granted. Allowed $2250.

CR-23-28. Cleotis Milton v. State of Arkansas, from Benton County Circuit Court. Appellant’s pro se motion for reconsideration is denied.

CR-23-28. Cleotis Milton v. State of Arkansas, from Benton County Circuit Court. Appellant’s pro se motion to prove innocence and for hearing is denied.

3

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CR-23-28. Cleotis Milton v. State of Arkansas, from Benton County Circuit Court. Appellant’s pro se motion of request for use of trial transcript is denied.

CR-23-54. Timothy Riley v. State of Arkansas, from Craighead County Circuit Court, Western District. Appellant’s motion to amend brief is granted. Appellant’s amended brief is due within fifteen days (August 3, 2023). Thyer, J., not participating.

CR-23-54. Timothy Riley v. State of Arkansas, from Craighead County Circuit Court, Western District. Appellee’s unopposed motion for extension of time to file brief is granted. Appellee’s brief is due fifteen days after the filing of the appellant’s amended brief. Thyer, J., not participating.

CR-23-83. Keithan Jackson v. State of Arkansas, from Pike County Circuit Court. Appellee’s motion to supplement the record and for extension of brief time is granted. Harrison, C.J., not participating.

CR-23-103. James Terry v. State of Arkansas, from Logan County Circuit Court, Southern District. Appellant’s motion to accept belated filing of the record is granted.

CR-23-147. Travis Roberts v. State of Arkansas, from Benton County Circuit Court. Appellant’s second motion for extension of time to complete the record is granted. Electronic supplemental record is due within thirty days (August 18, 2023). Failure to timely return writ may result in a show-cause order being issued.

CR-23-155. Robert Richardson v. State of Arkansas, from Benton County Circuit Court. Appellant’s third motion to extend deadline to file supplemental record is granted. Electronic supplemental record is due within thirty days (August 18, 2023). Failure to timely return writ may result in a show-cause order being issued. Klappenbach, J., not participating.

CR-23-156. Jimmy Jacobs v. State of Arkansas, from Jefferson County Circuit Court. Appellant’s motion to supplement the record, or, in the alternative, petition for writ of certiorari to complete the record is granted. Harrison, C.J., would deny. Virden, J., not participating. Settled record is due within thirty days (August 18, 2023).

4

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CR-23-186. Sergio Sanchez-Gonzalez v. State of Arkansas, from Saline County Circuit Court. Motion of John D. Miller III for entry of appearance is noted. Wood, J., not participating.

CR-23-191. Gene Jackson v. State of Arkansas, from Benton County Circuit Court. Appellant’s motion to extend deadline to file supplemental record is granted. Electronic supplemental record is due within thirty days (August 18, 2023). Klappenbach, J., not participating.

CR-23-196. Devalin Wiseman v. State of Arkansas, from Howard County Circuit Court. Motion of Sonia Kezhaya to supplement counsel of record is granted.

CR-23-204. Olajide Roddy v. State of Arkansas, from Craighead County Circuit Court, Western District. Appellant’s motion to file a belated brief is granted. Thyer, J., not participating.

CR-23-205. Olajide Roddy v. State of Arkansas, from Craighead County Circuit Court, Western District. Appellant’s motion to file a belated brief is granted. Thyer, J., not participating.

CR-23-206. Richard McClure v. State of Arkansas, from Clark County Circuit Court. Appellee’s motion to remand, or, in the alternative, motion for extension of time to file brief is granted. Record on remand is due September 2, 2023.

CR-23-207. Timothy W. Jackson v. State of Arkansas, from Miller County Circuit Court. Appellant’s pro se motion for appointment of counsel is moot. Virden, J., not participating.

CR-23-207. Timothy W. Jackson v. State of Arkansas, from Miller County Circuit Court. Motion of appointed counsel, Connor Herrold, to withdraw and to stay appellate deadlines pending ruling on motion to withdraw is granted. Virden, J., not participating.

CR-23-237. Zachary Smith v. State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. Appellee’s motion to dismiss appeal, or, in the alternative, for an extension of brief time is granted. Appeal dismissed.

CR-23-255. Jamel Gardner v. State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. Appellant’s motion to file belated no merit brief is granted.

5

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CR-23-272. James McElroy v. State of Arkansas, from Howard County Circuit Court. Motion of Sonia Kezhaya to supplement counsel of record is granted.

CR-23-285. Todd Menard v. State of Arkansas, from Garland County Circuit Court. Motion of Matthew Kezhaya to supplement counsel of record is granted.

CR-23-337. Reginald Featherston v. State of Arkansas, from Hempstead County Circuit Court. Appellant’s motion to remand to settle the record is granted. Settled record is due within thirty days (August 18, 2023). Barrett, J., not participating.

CR-23-339. Angelo Latrice Harrington v. State of Arkansas, from Sebastian County Circuit Court, Greenwood District. Appellant’s pro se motion for belated appeal is granted.

CR-23-346. Johnathan Tyler Summons v. State of Arkansas, from Saline County Circuit Court. Appellant’s pro se motion for rule on clerk with affidavit of indigency is granted.

CR-23-346. Johnathan Tyler Summons v. State of Arkansas, from Saline County Circuit Court. Appellant’s pro se petition to proceed in forma pauperis is granted.

CR-23-369. Jerry Brown v. State of Arkansas, from Pike County Circuit Court. Motion to declare the appellant indigent for purposes of appeal and to proceed in forma pauperis is granted.

CR-23-369. Jerry Brown v. State of Arkansas, from Pike County Circuit Court. Appellant’s motion for extension of time to file brief and other relief is granted. Appellant’s brief is due within thirty days (August 18, 2023).

CR-23-381. Dennis Hicks v. State of Arkansas, from Benton County Circuit Court. Appellant’s petition for writ of certiorari to complete the record, or, in the alternative, motion to remand to settle the record is granted. Electronic supplemental record is due within thirty days (August 18, 2023). Klappenbach, J., not participating.

CR-23-387. Neal Roberts v. State of Arkansas, from Jefferson County Circuit Court. Appellant’s motion for rule on clerk is granted.

6

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CR-23-395. Dheaslee Wright v. State of Arkansas, from Mississippi County Circuit Court, Chickasawba District. Appellant’s pro se motion for rule on clerk is denied. See Ark. R. App. Pro.–Crim. 2(b)(3). Thyer, J., not participating.

CR-23-410. Jonathan Morrison v. State of Arkansas, from Perry County Circuit Court. Appellant’s motion for rule on clerk is granted.

CR-23-438. Adrias Robert Turner v. State of Arkansas, from Garland County Circuit Court. Appellant’s petition for writ of certiorari to complete the record, or, in the alternative, motion to remand to settle the record is moot.

CR-23-438. Adrias Robert Turner v. State of Arkansas, from Garland County Circuit Court. Appellant’s amended petition for writ of certiorari to complete the record, or, in the alternative, motion to remand to settle the record is granted. Electronic supplemental record is due within thirty days (August 18, 2023).

CV-22-27. Bodie Bell v. Erica Bell, from Benton County Circuit Court. Motion of Erica Bell for attorney fees and costs is granted in part and denied in part. Allowed $96 in brief cost. No attorney fee.

CV-22-141. Terry Fleming v. Corissa Withrow, from Pulaski County Circuit Court, Sixth Division. Appellant’s emergency motion to supplement the record is moot.

CV-22-141. Terry Fleming v. Corissa Withrow, from Pulaski County Circuit Court, Sixth Division. Appellant’s emergency motion for temporary and permanent stay is moot.

CV-22-141. Terry Fleming v. Corissa Withrow, from Pulaski County Circuit Court, Sixth Division. Appellant’s motion to accelerate consideration of appellant Terry Fleming’s emergency motion for temporary and permanent stay and emergency motion to supplement the record is moot.

CV-22-141. Terry Fleming v. Corissa Withrow, from Pulaski County Circuit Court, Sixth Division. Appellant’s motion to accelerate consideration of his second motion to supplement the record is denied.

CV-22-141. Terry Fleming v. Corissa Withrow, from Pulaski County Circuit Court, Sixth Division. Appellant’s second emergency motion to supplement the record is granted.

7

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CV-22-141. Terry Fleming v. Corissa Withrow, from Pulaski County Circuit Court, Sixth Division. Appellant’s supplement to his emergency motion for temporary and permanent stay is denied.

CV-22-166. John Wesley Hall, Jr. and Alison Hall, Husband and Wife v. Arkansas State Highway Commission, from Cleburne County Circuit Court. Appellee’s motion for reconsideration is denied.

CV-22-293. Nicholas Lelieur v. State of Arkansas, from Conway County Circuit Court. Appellant’s motion for extension of time to supplement the record is moot. Virden, J., not participating.

CV-22-293. Nicholas Lelieur v. State of Arkansas, from Conway County Circuit Court. Appellant’s motion to remand for an evidentiary hearing is granted. Record on remand is due within thirty days (August 18, 2023). Virden, J., not participating.

CV-22-549. Edward Delone Wester v. Trina Marie Wester, Floyd Prock, and Debbie Anderson, from Sharp County Circuit Court. Suggestion of death upon the record of appellant Edward Wester filed by appellees Trina Wester and Debbie Anderson is noted.

CV-22-622. William Sanchez v. Glenn E. Weeks, from Benton County Circuit Court. Appellee’s motion for oral argument is denied.

CV-22-624. Marc Weinberg d/b/a W & W Roofing v. Madelin Pajas, from Benton County Circuit Court. Motion of Sammi Wilmoth to withdraw as counsel for the appellant is granted.

CV-22-683. Jeffery C. Frazier v. Jana L. Bland and Paige E. Bland, from White County Circuit Court. Appellant/cross-appellee’s motion for expansion of word count limit or in the alternative motion for extension of time to correct brief to comply with word count limitations is granted.

CV-23-3. Gu Yue v. David Lonon, from Washington County Circuit Court. Appellee/cross-appellant’s unopposed motion to supplement the record and for extension of time to file brief is granted. Electronic supplemental record is due within thirty days (August 18, 2023).

8

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CV-23-3. Gu Yue v. David Lonon, from Washington County Circuit Court. Appellee/cross-appellant’s motion for extension of time to file brief is moot.

CV-23-10. (In the Matter of the Estate of H.C. ‘Dude’ Crain, Jr., Deceased) Shirley Crain v. R. Ray Fulmer II, from Sebastian County Circuit Court, Fort Smith District. Motion of Allison R. Gladden to withdraw as counsel for the appellee is granted. Harrison, C.J., not participating.

CV-23-27. Gary W. Horton v. Deborah L. Boggs, from Baxter County Circuit Court. Appellee’s motion for extension of time to file brief and motion to withdraw is granted. Entry of appearance by Brian G. Brooks on behalf of the appellee is noted.

CV-23-27. Gary W. Horton v. Deborah L. Boggs, from Baxter County Circuit Court. Appellee’s motion for extension of time to file brief is granted. Appellee’s brief is due within sixty days (September 17, 2023).

CV-23-123. Matthew Webster v. Andrea Webster, from Garland County Circuit Court. Appellee’s pro se belated motion for extension of time to file brief is denied.

CV-23-123. Matthew Webster v. Andrea Webster, from Garland County Circuit Court. Appellant’s motion to strike appellee’s second nonconforming brief is moot.

CV-23-135. G. Solomon Enterprises, Inc., and Gene S. Carmical v. Cheria Russenberger and Patrick Russenberger, from Lonoke County Circuit Court. Appellants’ motion for extension of time to settle record is moot. Harrison, C.J., not participating.

CV-23-143. Janet Christine Galvan f/k/a Janet Christine Andrew v. St. Bernards Hospital, Inc., d/b/a St. Bernards Medical Center; Surgical Associates of Jonesboro, Inc., d/b/a St. Bernards Surgical Associates; and Willie E. Harper, Jr., M.D., from Craighead County Circuit Court, Western District. Appellees’ motion to substitute corrected brief is granted. Thyer, J., not participating.

CV-23-146. Evelyn Jackson v. Mississippi County Hospital System d/b/a Great River Medical Center, and MAG Mutual Insurance, from Mississippi County Circuit Court, Chickasawba District. Appellees’ motion to file belated brief is granted. Thyer, J., not participating.

9

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CV-23-171. Michael Ward v. Commerce Construction Company, Inc., from Washington County Circuit Court. Appellant’s motion to stay briefing schedule, or, in the alternative, second motion for extension of time to file brief is granted. Appellant’s brief is due in thirty days (August 18, 2023). Murphy, J., not participating.

CV-23-171. Michael Ward v. Commerce Construction Company, Inc., from Washington County Circuit Court. Appellant’s third motion for extension of time is granted. Appellant’s brief is due in thirty days (August 18, 2023). Murphy, J., not participating.

CV-23-195. Danielle Burke, a/k/a Danielle Drake, a/k/a Danielle Crossno-Drake; Cody Elkins; and Kyle Drake v. Arkansas Department of Human Services and Minor Children, from Sebastian County Circuit Court, Fort Smith District. Motion to dismiss appeal as to appellant Danielle Burke is granted. Harrison, C.J., not participating. Appeal dismissed as to appellant Danielle Burke only.

CV-23-249. Tommy Conder and Conder Cattle Company, LLC v. Janet S. Conder and Chad A. Conder, from Independence County Circuit Court. Appellants’ motion to supplement the record is granted. Harrison, C.J., and Murphy, J., not participating.

CV-23-310. Scott and Marilyn Turnbow v. Hiegel Building Solutions, LLC, from Faulkner County Circuit Court. Appellee’s motion to dismiss appeal, alternative motion to supplement the record, and for other relief is denied.

CV-23-327. Stephanie L. Wilson, as Trustee of the Jeanette M. Kolterman Living Trust Established January 2, 2020; and Stephanie L. Wilson v. Jeanette M. Kolterman, by Her Next Friend Tad Kolterman; Tad Kolterman; Monica Johnson; and Juanita Groomer, from Sebastian County Circuit Court, Fort Smith District. Appellants’ motion for word count expansion is granted.

CV-23-328. H.C., L.S., R.T., and T.K. v. James Darrell Nesmith, from Pulaski County Circuit Court, Sixth Division. Appellants’ combined motion to supplement and correct record is granted. Gladwin, J., not participating.

CV-23-343. Thomas Parker Jr. v. Addie Parker, from Saline County Circuit Court. Motion of Brian Butler to be relieved as counsel of record for the appellee is denied without prejudice. Barrett, J., would grant.

10

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CV-23-344. Jason Reynolds v. Mary “Katie” Reynolds, from Prairie County Circuit Court, Southern District. Appellant’s unopposed motion for certiorari to complete the record and to lodge supplemental record is granted. Electronic supplemental record is due within thirty days (August 18, 2023). Abramson, J., not participating.

CV-23-344. Jason Reynolds v. Mary “Katie” Reynolds, from Prairie County Circuit Court, Southern District. Appellant’s motion to stay briefing schedule pending ruling on motion for certiorari to complete the record and to lodge supplemental record is granted. Appellant’s brief is due thirty days after the filing of the complete electronic record. Abramson, J., not participating.

CV-23-345. Fayetteville Arkansas Hospital Company, LLC; Northwest Arkansas Hospitals, LLC; Siloam Springs Arkansas Hospital Company, LLC; White County Medical Center; Advanced Care Hospital of White County; White River Health System, Inc.; MCSA, LLC; Baptist Memorial Hospital Jonesboro, Inc.; Forrest City Arkansas Hospital Company, LLC; and Phillips Hospital Company, LLC v. Amneal Pharmaceuticals, Inc.; Amneal Pharmaceuticals of New York, LLC; Teva Pharmaceutical Industries, Ltd.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Tasmanian Alkaloids Pty. Ltd.; Abbvie, Inc.; Abbott Laboratories; Abbott Laboratories, Inc.; Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc.; Par Pharmaceuticals Companies, Inc.; Par Pharmaceutical, Inc.; Mallinckrodt, LLC; Mallinckrodt PLC; Specgx, LLC; Allergan Finance, LLC; Allergan Sales, LLC; Allergan PLC; Allergan USA, Inc.; Anda, Inc.; Cardinal Health, Inc.; CVS Health Corporation; Henry Schein, Inc.; CVS Pharmacy, Inc.; Arkansas CVS Pharmacy, LLC; and Doe 1–100, from Washington County Circuit Court. Appellees’ notice of suggestion of bankruptcy and automatic stay of proceedings is noted. Status report due October 17, 2023. Gruber and Murphy, JJ., not participating.

CV-23-350. Whitwell Tippit Properties, LLC, and Nancy Cochran Whitwell a/k/a/ Nancy Whitwell Tippit v. Affordable Rent to Own Used Cars, Inc.; Steve L. Jones, Sr.; and Aaron Christie, from Pulaski County Circuit Court, Sixth Division. Appellees’ motion to dismiss appeal is granted. Appeal dismissed.

CV-23-350. Whitwell Tippit Properties, LLC, and Nancy Cochran Whitwell a/k/a/ Nancy Whitwell Tippit v. Affordable Rent to Own Used Cars, Inc.; Steve L. Jones, Sr.; and Aaron Christie, from Pulaski County Circuit Court, Sixth Division. Appellants’ motion to supplement the record is moot.

11

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CV-23-350. Whitwell Tippit Properties, LLC, and Nancy Cochran Whitwell a/k/a/ Nancy Whitwell Tippit v. Affordable Rent to Own Used Cars, Inc.; Steve L. Jones, Sr.; and Aaron Christie, from Pulaski County Circuit Court, Sixth Division. Appellants’ motion for extension of time to file brief is moot.

CV-23-353. Helena Agri-Enterprises, LLC, f/k/a Helena Chemical Company v. Simmons Bank; Walter Keith Lockley; Walter Keith Lockley, Jr.; Walter Lockley Partnership; Lockley & Sons, Inc.; Walter Lockley & Sons; G.L. Morris Farms Limited Partnership; Wilson Family Limited Partnership; Deere & Company; Farm Credit Services of America, FCA; Greenway Equipment, Inc.; John Doe Defendants Nos. 1–10; and Jane Doe Defendants Nos. 1–10, from Cross County Circuit Court. Appellant’s motion to consolidate records is granted. The appeals are shown as related on the docket. Gladwin, J., not participating.

CV-23-359. Jennifer Alexander v. Arkansas Department of Human Services and Minor Child, from Clark County Circuit Court. Appellant’s motion to supplement the record and stay the briefing schedule is granted.

CV-23-363. Andrew Simpson v. Carl Davis d/b/a Davis Construction Co.; Thomas J. Vilsack, in His Official Capacity as Secretary of Agriculture; and Tommy James, in His Official Capacity as Area Director of the Monticello, Arkansas, Area Office of USDA Rural Development Agency, from Ashley County Circuit Court. Appellant’s pro se motion for leave to file relief from judgment for fraud in circuit court of Ashley County is denied. Gruber, J., not participating.

CV-23-363. Andrew Simpson v. Carl Davis d/b/a Davis Construction Co.; Thomas J. Vilsack, in His Official Capacity as Secretary of Agriculture; and Tommy James, in His Official Capacity as Area Director of the Monticello, Arkansas, Area Office of USDA Rural Development Agency, from Ashley County Circuit Court. Appellant’s pro se motion for extension of time to file brief is granted. Appellant’s brief is due within thirty days (August 18, 2023). Gruber, J., not participating.

CV-23-363. Andrew Simpson v. Carl Davis d/b/a Davis Construction Co.; Thomas J. Vilsack, in His Official Capacity as Secretary of Agriculture; and Tommy James, in His Official Capacity as Area Director of the Monticello, Arkansas, Area Office of USDA Rural Development Agency, from Ashley County Circuit Court. Appellant’s pro se motion for accelerated proceeding is denied. Gruber, J., not participating.

12

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CV-23-371. Fidelity Life Association, a Legal Reserve Life Insurance Company v. Dienice L. Nelson, from Phillips County Circuit Court. Appellee’s motion to dismiss appeal with supporting authorities is passed until the case is submitted.

CV-23-385. Calvin Carrick v. Mid Ark Outside Storage, LLC, from Pulaski County Circuit Court, Fourth Division. Appellant’s request for writ of certiorari is denied. Abramson, Virden, and Hixson, JJ., would grant.

CV-23-389. John Patrick Cullen v. Katie Knight and Kathi Jo Brinkley, from Garland County Circuit Court. Appellant’s pro se petition to proceed in forma pauperis is granted.

CV-23-391. John Patrick Cullen v. Kathi Jo Brinkley; Katie Elizabeth Knight-Kewak; Jarrett Cantrell; Chris Chapmond; Billy Joe Burrough, Jr.; and Shana Dianne Alexander, from Garland County Circuit Court. Appellant’s pro se petition to proceed in forma pauperis is granted.

CV-23-392. Farm Credit Services of America, FCA v. Simmons Bank; Walter Keith Lockley; Walter Keith Lockley, Jr.; Walter Lockley Partnership; Lockley & Sons, Inc.; Walter Lockley & Sons; G.L. Morris Farms Limited Partnership; Wilson Family Limited Partnership; Deere & Company; Helena Agri-Enterprises, LLC, f/k/a Helena Chemical Company; Greenway Equipment, Inc.; John Doe Defendants Nos. 1–10; and Jane Doe Defendants Nos. 1–10, from Cross County Circuit Court. Appellant’s motion to consolidate records is granted. The appeals are shown as related on the docket. Gladwin, J., not participating.

CV-23-397. Thelma Williams v. Britney Hapter; Brandon Carroll; Lieutenant Washington; Captain Bidens; Sergeant A. Lewis; Marshall (Dale) Reed; Sergeant Mothershed; and Dexter Payne, Director, Arkansas Division of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for injunction is denied.

CV-23-397. Thelma Williams v. Britney Hapter; Brandon Carroll; Lieutenant Washington; Captain Bidens; Sergeant A. Lewis; Marshall (Dale) Reed; Sergeant Mothershed; and Dexter Payne, Director, Arkansas Division of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for leave to file nonconforming brief and an amended complaint is denied.

13

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS CV-23-397. Thelma Williams v. Britney Hapter; Brandon Carroll; Lieutenant Washington; Captain Bidens; Sergeant A. Lewis; Marshall (Dale) Reed; Sergeant Mothershed; and Dexter Payne, Director, Arkansas Division of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for injunctions and to file briefs that do not conform to procedural rules is denied.

CV-23-397. Thelma Williams v. Britney Hapter; Brandon Carroll; Lieutenant Washington; Captain Bidens; Sergeant A. Lewis; Marshall (Dale) Reed; Sergeant Mothershed; and Dexter Payne, Director, Arkansas Division of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for hearing and to file brief that does not conform to procedural rules is denied.

E-22-625. Mytear Berkhalter v. Director, Division of Workforce Services, from the Arkansas Board of Review. Petitioner’s pro se motion to add evidence is denied.

E-22-694. Cheryl Pillow v. Director, Division of Workforce Services, from the Arkansas Board of Review. Appellee’s motion to correct the record is granted. Thyer, J., not participating.

E-23-22. Lesley Overholser v. Director, Division of Workforce Services, from the Arkansas Board of Review. Appellee’s motion to dismiss appeal is granted. Appeal dismissed.

E-23-22. Lesley Overholser v. Director, Division of Workforce Services, from the Arkansas Board of Review. Appellant’s motion for order granting leave to file belated brief out of time is moot.

E-23-180. Destry Duncan v. Director, Division of Workforce Services, from the Arkansas Board of Review. Respondents’ motion to remand to correct the record is granted. Corrected record is due within thirty days (August 18, 2023).

E-23-186. Jennifer Barnes v. Director, Division of Workforce Services, from the Arkansas Board of Review. Respondents’ motion to remand to correct the record is granted. Corrected record is due within thirty days (August 18, 2023).

14

ARKANSAS COURT OF APPEALS PROCEEDINGS OF JULY 19, 2023 PER CURIAM ORDERS E-23-187. Jennifer Barnes v. Director, Division of Workforce Services, from the Arkansas Board of Review. Respondents’ motion to remand to correct the record is granted. Corrected record is due within thirty days (August 18, 2023).

E-23-188. Jennifer Barnes v. Director, Division of Workforce Services, from the Arkansas Board of Review. Respondents’ motion to remand to correct the record is granted. Corrected record is due within thirty days (August 18, 2023).

E-23-216. Reneisha Phillips v. Director, Division of Workforce Services, from the Arkansas Board of Review. Petitioner’s pro se motion to supplement the record is denied.

E-23-217. Reneisha Phillips v. Director, Division of Workforce Services, from the Arkansas Board of Review. Petitioner’s pro se motion to supplement the record is denied.

E-23-218. Reneisha Phillips v. Director, Division of Workforce Services, from the Arkansas Board of Review. Petitioner’s pro se motion to supplement the record is denied.

E-23-292. Deonta Rowe v. Director, Division of Workforce Services, from the Arkansas Board of Review. Petitioner’s pro se motion to file belated appeal is denied.

15

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.