ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
PAUL E. DANIELSON, JUSTICE
CV-15-606. Southwest Power Pool, Inc. v. Kanis and Denny Roads Suburban Water
Improvement
District
No.
349
of
Pulaski
County,
Arkansas,
by
and
through
its
Commissioners Barry Haas, Rod Neal, James Fontenoy, Shirley Herndon, Bill Adair
(Deceased), and Mike Rebick, from Pulaski County Circuit Court, Thirteenth Division.
Reversed and remanded.
KAREN R. BAKER, JUSTICE
CR-15-522. Ardwin Frank Sylvester v. State of Arkansas, from Sebastian County Circuit
Court, Fort Smith District. Affirmed.
JOSEPHINE LINKER HART, JUSTICE
CV-15-856. Malik (Saba) Ka Makkali v. Wendy Kelley, Director, Arkansas Department
of Correction, from Jefferson County Circuit Court. Reversed and remanded.
RHONDA K. WOOD, JUSTICE
CV-15-391. Covenant Presbytery v. First Baptist Church, Osceola, Arkansas, and Sun
Trust Bank, as Trustee under the Will of Stanley D. Carpenter, from Mississippi County
Circuit Court, Osceola District. Reversed on direct appeal; cross-appeal dismissed; court
of appeals’ opinion vacated. Danielson and Goodson, JJ., dissent.
PER CURIAM OPINION
CR-15-967. Duane Gonder v. State of Arkansas, from Drew County Circuit Court.
Affirmed; motions moot.
CV-15-587. Duane Jefferson Gonder v. Franklin Spain, Deputy Prosecuting Attorney,
from Drew County Circuit Court. Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR-15-237. Terry Lee Ward v. State of Arkansas, from Pulaski County Circuit Court,
Fourth Division.
CV-14-1105. Courtyard Gardens Health and Rehabilitation, LLC, et al. v. Malinda Arnold
et al., from Clark County Circuit Court. Danielson, Wynne, JJ., and Special Justice Ryan
Allen would grant. Wood, J., not participating.
CV-15-264. James McCafferty v. The Oxford American Literary Project, Inc., from
Pulaski County Circuit Court, Sixteenth Division. Brill, C.J., and Wynne, J., would grant.
CV-15-887.
Melvin
Smith
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lincoln County Circuit Court.
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REVIEWS GRANTED: Petition for review was granted today in the following case.
CV-16-114. Priscilla Ponder v. Arkansas Department of Human Services and A.P., E.P.,
and J.P., Minor Children, from Union County Circuit Court.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR-15-1064. Freddie L. Sharp III v. State of Arkansas, from Mississippi County Circuit
Court, Chickasawba District.
CV-16-155. Partne A. Kiesling-Daugherty v. Judge Floyd "Buddy" Villines, Amanda
Mankin, and Chastity Black-Scifres, from Pulaski County Circuit Court, Sixth Division.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
PER CURIAM ORDERS
CV-14-1082. Wendy Kelley, Director, Arkansas Department of Correction v. Ulonzo
Gordon, from Lee County Circuit Court. Appellant’s motion to continue stay of the
appellate mandate is denied. Clerk is directed to issue mandate immediately.
CV-15-992. Wendy Kelley, Director, Arkansas Department of Correction, et al. v. Stacey
Johnson et al., from Pulaski County Circuit Court, Fifth Division. Appellees’ motion to
expand page limit is granted.
CV-15-1057. City of Little Rock, Arkansas; Stuart Thomas; Wayne Bewley; Laura
Martin; Linda Wilson; Sharon Martin; Alan Cate; Marquita Dooley; Candace Middleton;
Karen Grimm; Gregory L. Summers; Robert Sharp; Frank Scott; and Eddie Rhine; and
Little Rock Ambulance Authority d/b/a Metropolitan Emergency Medical Services v.
Dayong Yang, as Special Administrator of the Estate of Le Yang, deceased, from Pulaski
County Circuit Court, Sixth Division. Appellants’ motion to correct the record to conform
with Ark. Sup. Ct. R. 3-3(16) is granted.
CV-16-113. Theresa Marshall v. Deutsche Bank National Trust Company, as Trustee for
Vendee
Mortgage
Trust
1993-1,
from
Pulaski
County
Circuit
Court,
Fifth
Division.
Petitioner’s pro se petition for leave to proceed in forma pauperis is granted.
CV-16-137. Jesse Everett v. Arkansas Department of Human Services and Minor Child,
from Pulaski County Circuit Court, Eleventh Division. Appellant’s petition for writ of
certiorari to complete the record and to set briefing schedule is granted.
CV-16-196.
Cynthia
Lou
Horton
and
Anthony
Bryce
Brewer,
as
the
Special
Administrators of the Estate of Prentice Byars Young v. Deborah Ann Mitchell, from
Marion
County
Circuit
Court.
Appellants’
motion
to
correct
the
record
or,
in
the
alternative, petition for writ of certiorari to complete the record. Motion to correct the
record is granted. Clerk is directed to set briefing schedule upon receipt of corrected
record.
CV-16-201. Linda Sue Lee v. Honorable Richard Moore, Circuit Judge; Sherlyn E. Jones;
and Susan M. Scroggins, from Perry County Circuit Court. Petitioner’s pro se petition for
writ of certiorari is denied. Wynne, J., not participating.
CV-16-201. Linda Sue Lee v. Honorable Richard Moore, Circuit Judge; Sherlyn E. Jones;
and Susan M. Scroggins, from Perry County Circuit Court. Petitioner’s pro se petition for
writ of certiorari to complete the record is denied. Wynne, J., not participating.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
PER CURIAM ORDERS
D-16-213. In Re Judith A. Lemke, Arkansas Bar No. 2006243, an Original Action.
Petition of Judith A. Lemke, Arkansas Bar No. 2006243, for voluntary surrender of license
(resignation) is granted.
D-16-214. In Re Michael L. Harris, Arkansas Bar No. 91173, an Original Action. Petition
of
Michael
L.
Harris,
Arkansas
Bar
No.
91173,
for
voluntary
surrender
of
license
(resignation) is granted.
D-16-215. In Re Karen Fisher Moskowitz, Arkansas Bar No. 97026, an Original Action.
Petition of Karen Fisher Moskowitz, Arkansas Bar No. 97026, for voluntary surrender of
license (resignation) is granted.
D-16-216. In Re M. Gail Smart, Arkansas Bar No. 87213, an Original Action. Petition of
M. Gail Smart, Arkansas Bar No. 87213, for voluntary surrender of license (resignation) is
granted.
D-16-217. In Re Justin Wayne Rucker, Arkansas Bar No. 2005289, an Original Action.
Petition of Justin Wayne Rucker, Arkansas Bar No. 2005289, for voluntary surrender of
license (resignation) is granted.
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CR-95-872. Tommy Mosley v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s pro se motion for copy of appeal briefs at public expense is denied.
CR-15-1048. Bruce Echols v. State of Arkansas, from Saline County Circuit Court.
Petitioner’s pro se motion for transcript for Rule 37 appeal, motion to expand argument
section, and motion for transcript. Motions moot.
CR-16-56. George Rhoades v. State of Arkansas, from Little River County Circuit Court.
Appellee's motion to dismiss appeal and motion for brief time in event court denies motion
to dismiss appeal. Motion to dismiss appeal is granted; motion for extension of brief time
moot. See per curiam this date.
CR-16-58.
Douglas
Cook
v.
State
of
Arkansas,
from
Pope
County
Circuit
Court.
Petitioner’s
pro
se
motion
for
belated
appeal
and
certiorari
to
complete
the
record.
Remanded with directions. See per curiam this date.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
PER CURIAM ORDERS
Cr-16-59. Eric C. Burgie v. State of Arkansas, from Garland County Circuit Court.
Appellant’s
pro
se
motions
to
supplement
addendum
and
file
substituted
brief,
to
supplement brief with extended page limit, for appointment of counsel, and to expedite
ruling on motions. Appeal dismissed; motions moot. See per curiam this date.
In Re Arkansas Supreme Court Committee on Criminal Practice – Arkansas Rule of
Appellate Procedure – Crim. 19. See per curiam this date.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR-16-74. Calvin Eugene Jackson v. State of Arkansas, from Craighead County Circuit
Court, Western District.
CV-15-231. Owen Kelly v. Mandy Kelly, from Washington County Circuit Court.
CV-15-428.
Joe
E.
Morgan
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lincoln County Circuit Court.
CV-15-629. GGNSC Holdings, LLC, et al. v. Nellie R. Lamb, by and through Richard
Williams, as Guardian of the Estate and Person of Nellie R. Lamb, et al., from Ouachita
County Circuit Court.
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PETITIONS FOR REVIEW:
CR-16-142. State of Arkansas v. Ramon Perez, from Lonoke County Circuit Court.
CR-16-152. David Adam Johnson v. State of Arkansas, from Independence County Circuit
Court.
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CR-90-198. Lonnie Strawhacker v. State of Arkansas, from Washington County Circuit
Court. Appellant’s motion requesting oral argument and suggesting consolidation of oral
argument with Pitts v. State.
CR-16-63. Kenneth Ray Marshall v. State of Arkansas, from Columbia County Circuit
Court. Appellant’s motion to substitute counsel and for appointment of new counsel.
CR-16-134. Frank P. Campbell v. State of Arkansas, from Carroll County Circuit Court,
Eastern District. Appellant’s petition for writ of certiorari to complete the record.
CR-16-224. Eric Lenderman v. State of Arkansas, from Greene County Circuit Court.
Appellant’s motion for rule on clerk.
CR-16-228. Willie Noble v. State of Arkansas, from Pulaski County Circuit Court,
Seventh Division. Appellant’s motion for rule on clerk.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
MOTIONS SUBMITTED
CV-15-595. Randeep S. Mann, M.D. v. Trent Pierce, M.D., et al., from Crittenden County
Circuit Court. Motion to transfer and for oral argument.
CV-15-934. First United Methodist Church of Ozark v. Harness Roofing, Inc., Mid-
Continental Restoration Company, Inc., and K&K Electric, Inc., from Franklin County
Circuit Court. Notice of settlement and withdrawal of petitions for review.
CV-15-944. Integrated Direct Marketing, LLC v. Drew May and Merkle, Inc., from United
States District Court, Eastern District of Virginia. Petitioner’s motion to continue oral
argument.
CV-15-966. Gerber Products Company v. David Hewett II, Aaron Johnson, James Lane,
Ralph Larossa, Jr., and Jerry Osborne, from Sebastian County Circuit Court, Fort Smith
District. Motion of Brittany Falkowski to appear pro hac vice.
CV-15-966. Gerber Products Company v. David Hewett II, Aaron Johnson, James Lane,
Ralph Larossa, Jr., and Jerry Osborne, from Sebastian County Circuit Court, Fort Smith
District. Motion for permission to file an amicus curiae brief by Conagra Foods, Inc., in
support of Appellant’s reply brief.
CV-15-999. Capitol SeniorCare Ventures, LLC; SLC Operations Master Tenant, LLC;
Senior
Living
Communities
of
Arkansas,
LLC;
SLC
Professionals,
LLC
f/k/a
SLC
Professionals of Arkansas, LLC; Senior Vantage Point, LLC; ADDIT, LLC; John W.
Dwyer; Capital Funding Group, Inc.; CSCV Holdings, LLC; Arkansas SNF Operations
Acquisition,
LLC;
Arkansas
Nursing
Home
Acquisition,
LLC;
Premier
Health
and
Rehabilitation, LLC; North Little Rock Holdings, LLC; Steve Hudgens, In His Capacity
as Administrator of Premier Health and Rehabilitation, LLC; and John Does 1 through 5
v.
The
Circuit
Court
of
Pulaski
County,
Arkansas,
and
Cindy
Clough,
Personal
Representative of the Estate of Joyce Lee Vinson, Deceased, from Pulaski County Circuit
Court, Sixth Division. Appellees’ motion to dismiss review of case no. 60CV-13-230 due
to lack of jurisdiction.
CV-16-122. Mountain Pure, LLC D/B/A Mountain Pure Water Company, and John B.
Stacks v. Clearwater Holdings, LLC, as Successor in Interest to Simmons First National
Bank, from Pulaski County Circuit Court, Seventeenth Division. Petitioners’ motion to
extend writ of certiorari to complete the record.
CV-16-233. Truman Arnold Companies v. Miller County Circuit Court and Teresa Jones,
from Miller County Circuit Court. Petitioner’s petition for writ of prohibition.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
MOTIONS SUBMITTED
CV-16-234. Truman Arnold Companies v. Miller County Circuit Court and Patricia
Adams, from Miller County Circuit Court. Petitioner’s petition for writ of prohibition.
D-11-1259. Stark Ligon, Executive Director, Committee on Professional Conduct v. Bruce
J. Bennett, Arkansas Bar No. 92140, an Original Action. Findings of fact and conclusions
of law.
D-16-174. Stark Ligon, Executive Director, Committee on Professional Conduct v. Jeffery
H. Kearney, Arkansas Bar No. 91249, an Original Action. Petition for disbarment.
D-16-251. In Re William T. Finnegan, Arkansas Bar No. 79063, an Original Action.
Petition of William T. Finnegan, Arkansas Bar No. 79063, for voluntary surrender of
license (resignation).
D-16-252. In Re Emily Ann Abernathy, Arkansas Bar No. 80028, an Original Action.
Petition of Emily Ann Abernathy, Arkansas Bar No. 80028, for voluntary surrender of
license (resignation).
D-16-253. In Re Michael Edward Harris, Arkansas Bar No. 76168, an Original Action.
Petition of Michael Edward Harris, Arkansas Bar No. 76168, for voluntary surrender of
license (resignation).
D-16-254. In Re Bradley Watkins Butler, Arkansas Bar No. 92061, an Original Action.
Petition of Bradley Watkins Butler, Arkansas Bar No. 92061, for voluntary surrender of
license (resignation).
D-16-282. In Re Terrance J. Cirocco, Arkansas Bar No. 98229, an Original Action.
Petition of Terrance J. Cirocco, Arkansas Bar No. 98229, for voluntary surrender of license
(resignation).
D-16-283. In Re Ivy Glen Lincoln, Arkansas Bar No. 78094, an Original Action. Petition
of
Ivy
Glen
Lincoln,
Arkansas
Bar
No.
78094,
for
voluntary
surrender
of
license
(resignation).
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 31, 2016
CASES SUBMITTED
CR-15-857. Alvin T. Fukunaga v. State of Arkansas, from Pulaski County Circuit Court,
Seventh Division.
CV-15-422. Marilyn J. Worsham v. Director et al., from the Arkansas Board of Review.
CV-15-809. Wendy Jones and Lynn Gangemella v. Ted Douglas, Individually, and John
Paul Morrison, Individually, and D/B/A Polymers, Inc., from Garland County Circuit
Court.
Opinions are available on the internet at
http://courts.arkansas.gov
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