ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 30, 2013
JIM HANNAH, CHIEF JUSTICE:
CV-12-873. Courtyard Gardens Health and Rehabilitation, LLC; Arkadelphia Holdings,
LLC; SLC Operations Master Tenant, LLC; SLC Operations, LLC; SLC Professionals of
Arkansas, LLC; SLC Administrative Services of Arkansas, LLC; Capital Senior Care
Ventures, LLC; SLC Properties, LLC; 2701 Twin Rivers Drive, LLC; Angela Marlar, in Her
Capacity as Administrator/Executive Director of Golden Living Center-Arkadelphia, N/K/A
Courtyard Gardens Health and Rehabilitation, LLC; and Deborah Thornton, in Her Capacity
as Administrator of Courtyard Gardens Health and Rehabilitation, LLC, F/K/A Golden
Living Center-Arkadelphia v. Kenny Quarles, as Special Administrator of the Estate of
Bennie Jean Quarles, Deceased, and on Behalf of the Wrongful-Death Beneficiaries of
Bennie Jean Quarles, Deceased, from Clark Circuit. Affirmed on direct appeal; cross-appeal
moot. Goodson, J., dissents.
KAREN R. BAKER, JUSTICE:
CV-12-829. Board of Trustees of the University of Arkansas v. Pulaski County; Janet Ward,
Pulaski County Tax Assessor; and Debra Buckner, Pulaski County Treasurer and Tax
Collector, from Pulaski Circuit, Sixth Division. Appeal dismissed. Special Justice Andrew
Fulkerson joins in this opinion. Goodson, J., not participating.
COURTNEY HUDSON GOODSON, JUSTICE:
CV-12-742.
Barton
Land
Services,
Inc.;
Martha
Thomas;
Dee
Thomas;
Theresa
L.
Townsend; Tanya Thomas; Guenvear Ward McKim; Bobby R. Ward; Nina Ward Johnston;
Nina Ward Johnston by Her Attorney-in-fact, Bobby R. Ward; Frankie A. Ward Glover;
Frankie A. Ward Glover by His Attorney-in-fact, Bobby R. Ward v. SEECO, Inc.; Donald
Lea Stanton; Linda Stanton; Janet Stanton Farrar; Cheryl Stanton Hamlin; Alan Stanton;
Brian J. Galka; Max Foster; Rachel Galka; Anne Stanton Yust; David Taggart; Jean Stanton;
Sandra Stanton Strickland; Daniel Thomas Stanton; James Tagg, from Van Buren Circuit.
Affirmed. Baker, J., not participating.
JOSEPHINE LINKER HART, JUSTICE:
CV-12-510. Arkansas Lottery Commission, Bishop Woosley, Director v. Alpha Marketing,
from Pulaski Circuit, Fifth Division. Reversed and dismissed. Special Justice J. Shepherd
Russell, III, joins and concurs. Corbin, Danielson, and Goodson, JJ., dissent. Hoofman, J.,
not participating.
CV-12-886. Jonathan Parker v. Erin Parker, from Benton Circuit. Reversed and remanded.
Goodson, J., not participating.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 30, 2013
PER CURIAM OPINION:
CR-11-60. George Hickey v. State of Arkansas, from Pulaski Circuit, Fourth Division.
Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 30, 2013
PER CURIAM ORDERS
REHEARINGS DENIED: PETITIONS FOR REHEARING WERE DENIED TODAY IN THE
FOLLOWING CASES.
CV-12-298. J-MCDANIEL CONSTRUCTION CO., INC., ET AL. V. DALE E. PETERS
PLUMBING LTD. CO., ET AL., FROM PULASKI CIRCUIT, SIXTH DIVISION.
CV-12-540. FIRST ARKANSAS BANK & TRUST, TRUSTEE, ET AL. V. GILL ELROD
RAGON
OWEN
AND
SHERMAN,
P.A.,
ET
AL.,
FROM
PULASKI
CIRCUIT,
FIFTH
DIVISION. BAKER AND HART, JJ., WOULD GRANT.
**************************************************
REVIEW
GRANTED:
PETITION
FOR
REVIEW
WAS
GRANTED
TODAY
IN
THE
FOLLOWING CASE.
CV-13-185. LES MARLOW ET AL. V. UNITED SYSTEMS OF ARKANSAS, INC., AND
GLEN PETKOVSEK, FROM PULASKI CIRCUIT, FIRST DIVISION.
**************************************************
CR-10-545.
MICKEY
DAVID
THOMAS
V.
STATE
OF
ARKANSAS,
FROM
SEVIER
CIRCUIT. CERTIFIED SUPPLEMENTAL RECORD ORDERED; REBREFING ORDERED.
SEE PER CURIAM THIS DATE.
CR-10-1200.
LEMUEL
SESSION
WHITESIDE
V.
STATE
OF
ARKANSAS,
FROM
PULASKI
CIRCUIT,
SEVENTH
DIVISION.
APPELLANT'S
MOTION
FOR
STAY
OF
MANDATE IS DENIED.
CR-12-721.
BILLY
DALE
GREEN
V.
STATE
OF
ARKANSAS,
FROM
RANDOLPH
CIRCUIT. APPELLANT'S MOTION TO FILE ENLARGED BRIEF IS GRANTED.
CV-11-1260. STARK LIGON, EXECUTIVE DIRECTOR, ARKANSAS SUPREME COURT
COMMITTEE
ON
PROFESSIONAL
CONDUCT
V.
NEWTON
DONALD
JENKINS,
JR.,
ARKANSAS
BAR
NO.
94231,
AN
ORIGINAL
ACTION.
ORIGINAL
MOTION
AND
SECOND
MOTION
FOR
SUMMARY
DISPOSITION,
ENTRY
OF
ORDER
OF
DISBARMENT, AND MONEY JUDGMENT FOR COSTS AND EXPENSES. MOTIONS
GRANTED; DISBARMENT ORDERED. SEE PER CURIAM THIS DATE. GOODSON, J.,
NOT PARTICIPATING.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 30, 2013
PER CURIAM ORDERS
CV-12-73. GREG PROCK V. BULL SHOALS BOAT LANDING AND AMERICAN HOME
ASSURANCE
AIG
CLAIM
SERVICES,
FROM
THE
ARKANSAS
WORKERS’
COMPENSATION
COMMISSION.
MOTION
TO
SUPPLEMENT
THE
RECORD.
REMANDED
TO
THE
ARKANSAS
WORKERS'
COMPENSATION
COMMISSION
TO
SETTLE THE RECORD. SPECIAL JUSTICE TJUANA BYRD AND SPECIAL JUSTICE
JUDSON KIDD JOIN. HART AND HOOFMAN, JJ., NOT PARTICIPATING. SEE PER
CURIAM THIS DATE.
CV-12-75.
MATTHEW
L.
EDMISTEN
V.
BULL
SHOALS
LANDING
AND
AIG
DOMESTIC CLAIMS, FROM ARKANSAS WORKERS’ COMPENSATION COMMISSION.
REMANDED
TO
THE
ARKANSAS
WORKERS’
COMPENSATION
COMMISSION
TO
SETTLE THE RECORD. SPECIAL JUSTICE TJUANA BYRD AND SPECIAL JUSTICE
JUDSON KIDD JOIN. HART AND HOOFMAN, JJ., NOT PARTICIPATING. SEE PER
CURIAM THIS DATE.
CV-12-992.
KAYLA
MCPHERSON
V.
ARKANSAS
DEPARTMENT
OF
HUMAN
SERVICES, FROM LONOKE CIRCUIT. MOTION FOR BELATED APPEAL. MOTION
GRANTED. SEE PER CURIAM THIS DATE.
CV-12-1058. ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., ET AL. V. STATE
OF ARKANSAS, FROM PULASKI CIRCUIT, SIXTH DIVISION. APPELLEE’S MOTION
TO FILE BRIEF IN EXCESS OF PAGE LIMITS IS GRANTED.
CV-12-1071. DITCH 56 FARMS, LLC, ET AL. V. STANLEY FOSTER ET AL., FROM
CRAIGHEAD CIRCUIT, EASTERN DISTRICT. MOTION TO REASSIGN CASE TO THE
SUPREME COURT IS DENIED.
CV-13-398.
CHRISTOPHER
CORDERO
V.
ARKANSAS
DEPARTMENT
OF
HUMAN
SERVICES, FROM LONOKE CIRCUIT. MOTION TO PROCEED IN FORMA PAUPERIS
IS DENIED.
CV-13-399.
CHRISTOPHER
CORDERO
V.
ARKANSAS
DEPARTMENT
OF
HUMAN
SERVICES, FROM LONOKE CIRCUIT. MOTION TO PROCEED IN FORMA PAUPERIS
IS GRANTED AND EXPEDITED. HANNAH, C.J., WOULD DENY.
CR-12-527. RONALD D. GREEN V. STATE OF ARKANSAS, FROM DESHA CIRCUIT.
PRO
SE
MOTION
FOR
EXTENSION
OF
TIME
TO
FILE
BRIEF.
GRANTED.
APPELLANT’S BRIEF DUE FORTY DAYS FROM THE DATE OF THIS ORDER.
CR-13-111. LEE JAMES OWENS V. STATE OF ARKANSAS, FROM MILLER CIRCUIT.
PRO SE APPELLANT’S MOTION TO DISMISS APPEAL. MOTION GRANTED.
CR-13-168. JAMES J. MURPHY V. STATE OF ARKANSAS, FROM PULASKI CIRCUIT,
FIRST DIVISION. APPELLANT’S PRO SE MOTION FOR EXTENSION OF TIME TO FILE
BRIEF. APPEAL DISMISSED; MOTION MOOT. SEE PER CURIAM THIS DATE.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 30, 2013
PER CURIAM ORDERS
CR-13-80.
RODNEY
D.
JOHNSON
V.
STATE
OF
ARKANSAS,
FROM
PULASKI
CIRCUIT, FIFTH DIVISION. APPELLEE’S MOTION TO DISMISS APPEAL IS GRANTED.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 30, 2013
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
CV-13-199.
JOY
B.
HUGHES
AND
JOY
B.
HUGHES
REVOCABLE
LIVING
TRUST
V.
ANNA DALTON, FROM SEBASTIAN CIRCUIT, FORT SMITH DISTRICT.
CV-13-410. MIKE WILSON AND JEANEAN WILSON V. MARK GOLEN AND JESSICA
GOLEN ET AL., FROM FAULKNER CIRCUIT.
**************************************************
CR-13-20.
PATRICK
CINQUE
SMITH
V.
STATE
OF
ARKANSAS,
FROM
PULASKI
CIRCUIT,
FIRST DIVISION. APPELLANT'S
SECOND MOTION TO SUPPLEMENT THE
RECORD ON APPEAL.
CV-13-230. EFFIE COLLINS AND COLLINS CHAPEL MORTUARY, INC. V. ARKANSAS
BOARD OF EMBALMERS AND FUNERAL DIRECTORS, FROM MISSISSIPPI CIRCUIT,
CHICKASAWBA
DISTRICT.
APPELLANTS’
MOTION
FOR
LEAVE
OF
COURT
TO
SUPPLEMENT THE RECORD.
CV-13-230. EFFIE COLLINS AND COLLINS CHAPEL MORTUARY, INC. V. ARKANSAS
BOARD OF EMBALMERS AND FUNERAL DIRECTORS, FROM MISSISSIPPI CIRCUIT,
CHICKASAWBA DISTRICT. MOTION TO STAY DUE DATE OF APPELLANTS’ BRIEF
PENDING
RULING
ON
MOTION
FOR
LEAVE
OF
COURT
TO
SUPPLEMENT
THE
RECORD.
CV-13-411.
ANNA
ADDISON,
ADMINISTRATRIX
OF
THE
ESTATE
OF
PATSY
COCKRELL,
DECEASED
V.
WOODRUFF
COUNTY
HEALTH
CENTER
ET
AL.,
FROM
WOODRUFF CIRCUIT. PETITION FOR PERMISSION TO APPEAL PURSUANT TO ARK.
R. APP. P.—CIV. 2(F).
CV-13-416. PATRICIA SCALES VADEN AND MIKE MONCRIEF V. ANDERSON-TULLY
COMPANY, FROM ARKANSAS CIRCUIT, SOUTHERN DISTRICT. APPELLEE’S MOTION
TO DOCKET PARTIAL RECORD AND DISMISS APPEAL.
CV-13-418.
ARKANSAS
ANNUAL
CONFERENCE
OF
THE
AFRICAN
METHODIST
EPISCOPAL
CHURCH
V.
CIRCUIT
COURT
OF
SEBASTIAN
COUNTY,
FORT
SMITH
DISTRICT,
AND
DENORA
COOMER,
CIRCUIT
CLERK,
FROM
SEBASTIAN
CIRCUIT,
FORT SMITH DISTRICT. PETITION FOR WRIT OF CERTIORARI OR MANDAMUS.
CV-13-419. THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS V. HON.
MIKE
MEDLOCK,
CIRCUIT
JUDGE,
FROM
CRAWFORD
CIRCUIT.
PETITION
FOR
WRITS OF MANDAMUS, PROHIBITION AND/OR CERTIORARI.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 30, 2013
SUBMISSIONS
CR-12-792. STATE OF ARKANSAS V. BERNARD KINDALL, FROM PULASKI CIRCUIT,
FIRST DIVISION.
CV-12-1076. KAITLIN LOTT V. SUSAN LANGLEY, CITY OF LITTLE ROCK CLERK, AND
PULASKI
COUNTY
BOARD
OF
ELECTION
COMMISSIONERS,
FROM
PULASKI
CIRCUIT, THIRD DIVISION.
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