ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
HOWARD W. BRILL, CHIEF JUSTICE
CV-15-422. Marilyn Worsham v. Daryl Bassett, Director of Workforce Services, from the
Arkansas Board of Review. Affirmed.
PAUL E. DANIELSON, JUSTICE
CV-15-179. Travis Trammell v. Linda Marlene Wright, from Benton County Circuit
Court. Reversed and remanded. Special Justice Chris Gardner concurs. Baker and Hart,
JJ., dissent. Wood, J., not participating.
COURTNEY HUDSON GOODSON, JUSTICE
CV-15-114. Ken Blevins v. David Hudson, In His Individual and Official Capacity, and
Association of Arkansas Counties, as the Liability Insurer for Sebastian County, from
Sebastian County Circuit Court, Fort Smith District. Affirmed. Brill, C.J., and Danielson,
J., concur.
ROBIN F. WYNNE, JUSTICE
CR-14-5. Stanley Carter v. State of Arkansas, from Crittenden County Circuit Court.
Affirmed. Baker, Goodson, and Wood, JJ., concur in part and dissent in part.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
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. Special
Justice Chad Atwell and Special Justice Daniel Greenberg agree. Danielson and Goodson,
JJ., not participating.
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. Danielson and Wynne, JJ., would grant.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR-16-142. State of Arkansas v. Ramon Perez, from Lonoke County Circuit Court. Wood,
J., would grant.
CR-16-152. David Adam Johnson v. State of Arkansas, from Independence County Circuit
Court.
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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 is
granted. Jimmy C. Morris, Jr., appointed as counsel for appellant.
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 is moot.
CR-16-224. Eric Lenderman v. State of Arkansas, from Greene County Circuit Court.
Appellant’s motion for rule on clerk is granted.
CR-16-228. Willie Noble v. State of Arkansas, from Pulaski County
Circuit Court,
Seventh Division. Appellant’s motion for rule on clerk is granted.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
PER CURIAM ORDERS
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
Motion of Andy Taylor and Tasha Taylor to withdraw as counsel is granted. Special Justice
Robert Hudgins agrees. Goodson, J., not participating.
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
Appellant’s motion for sanctions is taken with the case. Special Justice Robert Hudgins
agrees. Goodson, J., not participating.
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
Appellee’s combined brief and motion to disqualify is noted. Special Justice Robert
Hudgins agrees. Goodson, J., not participating.
CV-15-564.
Heather
Weisker,
as
Administrator
of
the
Estate
of
Edward
Randolph
(Deceased)
v.
Harvest
Management
Sub,
LLC,
from
Benton
County
Circuit
Court.
Certification to the Supreme Court is denied. Danielson, J., would grant.
CV-15-595. Randeep S. Mann, M.D. v. Trent Pierce, M.D., et al., from Crittenden County
Circuit Court. Appellees’ motion to transfer and for oral argument. Motion to transfer is
denied. Baker, Goodson, and Hart, JJ., would grant. Motion for oral argument is moot.
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 is granted.
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 is granted.
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 is moot. Wood, J., not
participating.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
PER CURIAM ORDERS
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 is denied. Wood, J., not participating.
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 is granted. Wood and Wynne, JJ., would take with the case.
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 is moot.
CV-16-205. Patricia Garrett v. Arkansas Department of Human Services and Minor Child,
from Saline County Circuit Court. Appellant’s motion for out of time appeal and for rule
on clerk is granted. Wood, J., not participating. See per curiam this date.
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 is taken as
a case.
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 is
taken as a case.
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) is granted.
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) is granted.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
PER CURIAM ORDERS
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) is granted.
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) is granted.
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) is granted.
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) is granted.
In Re Ninth East Judicial Circuit – Approval for Digital Electronic Record. See per
curiam this date.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CR-15-519. Earl Delmar Pigg v. State of Arkansas, from Crawford County Circuit Court.
*********************************************
PETITIONS FOR REVIEW:
CV-15-431. Stacey McKinney v. Director et al., from the Arkansas Board of Review.
CV-15-836. Eloise Dianne Julian v. Director et al., from the Arkansas Board of Review.
CV-15-877. Platinum Peaks, Inc. v. Shirley Bradford, from Van Buren County Circuit
Court.
CV-15-935. Stephens Production Company v. Kathy Bennett, Franklin County Assessor;
Sylvia Knoles, Franklin County Collector; and Franklin County, Arkansas, from Franklin
County Circuit Court, Northern District.
CV-15-936. Christine Stamps v. Teneshia Brown-Epps, from Lee County Circuit Court.
CV-15-956. Michelle Treat, Executrix of the Estate of Freddie E. Hyde, Deceased v. Jerry
Hyde, from White County Circuit Court.
CV-15-964. Richard J. Orintas and M. Melanie Orintas v. Point Lookout Property Owners
Association Board of Directors, from Garland County Circuit Court.
CV-16-62. Billy J. Osier v. Director et al., from the Arkansas Board of Review.
CV-16-202. Kristin Bell v. Arkansas Department of Human Services and A.M., Minor
Child, from Yell County Circuit Court, Southern District.
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CR-16-7. Timothy Lamont Howard v. State of Arkansas, from Little River County Circuit
Court. Appellant’s motion for waiver of page limit.
CV-15-603. Markita Bell v. Arkansas Department of Human Services, from Sebastian
County Circuit Court, Fort Smith District. Appellant’s petition for writ of certiorari to
complete the record and to set briefing schedule.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
MOTIONS SUBMITTED
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. Petitioners’ motion to supplement the record.
CV-16-211. M&M Environmental Oil Services, LLC, Samuel McFadin, McFadin Global,
Inc., and McFadin Auto Sales, Inc. v. Omega Capital Fund I, L.P., from Faulkner County
Circuit Court. Appellants’ motion for substitution of counsel.
CV-16-261. Charles Ray Lenhart v. In the Matter of the Estate of Paul E. Lenhart,
Deceased, Virginia McNeese, and Bill Lenhart, as Personal Representatives, from Pope
County Circuit Court. Appellant’s motion for writ of certiorari to June Stuart, court
reporter, Fifth Judicial District, Division II to complete the record.
CV-16-269. Arkansas Department of Human Services/Division of Youth Services v. State
of Arkansas, Stephanie Daniels, and J.D., 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.
CV-16-270. Arkansas Department of Human Services/Division of Youth Services v. State
of Arkansas and J.J., 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.
CV-16-271. Arkansas Department of Human Services/Division of Youth Services v. State
of Arkansas, Linda Goodman, and E.W., 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.
D-16-291. In Re Pamela Dunn Connolly, Arkansas Bar No. 96212, an Original Action.
Petition of Pamela Dunn Connolly, Arkansas Bar No. 96212, for voluntary surrender of
license (resignation).
D-16-292. In Re Bruce H. Trammell, Arkansas Bar No. 89054, an Original Action.
Petition of Bruce H. Trammell, Arkansas Bar No. 89054, for voluntary surrender of license
(resignation).
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
MOTIONS SUBMITTED
D-16-293. In Re Paul L. Giuffre, Arkansas Bar No. 62009, an Original Action. Petition
of
Paul
L.
Giuffre,
Arkansas
Bar
No.
62009,
for
voluntary
surrender
of
license
(resignation).
D-16-294. In Re Edward Jay Bisno, Arkansas Bar No. 82017, an Original Action. Petition
of
Edward
Jay
Bisno,
Arkansas
Bar
No.
82017,
for
voluntary
surrender
of
license
(resignation).
D-16-295. In Re Gary J. Heinen, Arkansas Bar No. 2007117, an Original Action. Petition
of
Gary
J.
Heinen,
Arkansas
Bar
No.
2007117,
for
voluntary
surrender
of
license
(resignation).
D-16-296. In Re Terry Jean Seligmann, Arkansas Bar No. 98045, an Original Action.
Petition of Terry Jean Seligmann, Arkansas Bar No. 98045, for voluntary surrender of
license (resignation).
D-16-297. In Re Heather Bilderback, Arkansas Bar No. 2003054, an Original Action.
Petition of Heather Bilderback, Arkansas Bar No. 2003054, for voluntary surrender of
license (resignation).
D-16-301. Stark Ligon, Executive Director, Arkansas Supreme Court Committee on
Professional Conduct v. Teresa Lynette Bloodman, Arkansas Bar No. 2005055, an Original
Action. Petition for disbarment for appointment of special judge.
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CR-15-274. Jonathan Berks v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s pro se motion for extension of brief time.
CR-15-928. Kenneth Tucker v. State of Arkansas, from Ashley County Circuit Court.
Appellee’s motion to dismiss appeal.
CR-15-976. Eric C. Burgie v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s pro se motion for belated appeal.
CV-15-958.
Kenny
Halfacre
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lincoln County Circuit Court. Pro se appeal from denial of petition to
proceed in forma pauperis.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 7, 2016
CASES SUBMITTED
CR-15-613. Michael Burgess v. State of Arkansas, from Pulaski County Circuit Court,
Seventh Division.
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
CV-15-804. Columbia Insurance Group, Inc., and Columbia Mutual Insurance Company,
Inc. v. Cenark Project Management Services, Inc., et al., from United States District Court,
Eastern District of Arkansas, Western Division.
CV-15-828. Arkansas State Police and Bill Sadler, Public Information Officer v. Daniel
E. Wren, from Pulaski County Circuit Court, Sixteenth Division.
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CR-15-996. Lester Lee Hendrix v. State of Arkansas, from Faulkner County Circuit Court.
CV-15-345.
Romario
V.
Waller
v.
Ray
Hobbs,
Director,
Arkansas
Department
of
Correction, from Jefferson County Circuit Court.
CV-15-1063. Derrick L. Booth v. Wendy Kelley, Director, Arkansas Department of
Correction, from Chicot County Circuit Court.
Opinions are available on the internet at
http://courts.arkansas.gov
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