ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
PAUL E. DANIELSON, JUSTICE
CR-15-68. Latavious D. Johnson v. State of Arkansas, from Lee County Circuit Court.
Affirmed.
CV-15-677. Corina Mendoza v. WIS International, Inc., Anthony Adams, and Washington
Inventory Services, Inc., from the United States District Court for the Eastern District of
Arkansas, Western Division. Certified question answered. Baker, Hart, and Wood, JJ.,
dissent.
JOSEPHINE LINKER HART, JUSTICE
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 to dismiss denied; motion for sanctions denied; affirmed on direct appeal; affirmed
on cross-appeal. Special Justice Robert Hudgins joins. Goodson, J., not participating.
CV-15-894. Hammerhead Contracting & Development, LLC, and Brandon Holmes v.
Dale Ladd, from Independence County Circuit Court. Reversed and remanded. Goodson,
Wood, and Wynne, JJ., dissent.
RHONDA K. WOOD, JUSTICE
CR-15-857. Alvin T. Fukunaga v. State of Arkansas, from Pulaski County Circuit Court,
Seventh Division. Affirmed. Wynne, J., concurs.
ROBIN F. WYNNE, JUSTICE
CV-15-809. Wendy Jones and Lynn Gangemella v. Ted Douglas and John Paul Morrison,
Individually and d/b/a Polymers, Inc., from Garland County Circuit Court. Affirmed in
part; reversed and remanded in part; court of appeals’ opinion vacated.
PER CURIAM OPINIONS
CR-15-336. Calvin J. Stover v. State of Arkansas, from Benton County Circuit Court.
Affirmed.
CR-15-996. Lester Lee Hendrix v. State of Arkansas, from Faulkner County Circuit Court.
Appeal dismissed.
CV-15-1063. Derrick L. Booth v. Wendy Kelley, Director, Arkansas Department of
Correction, from Chicot County Circuit Court. Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CR-15-519. Earl Delmar Pigg v. State of Arkansas, from Crawford County Circuit Court.
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REVIEW GRANTED: Petition for review was granted today in the following case.
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.
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REVIEWS DENIED: Petition for review were denied today in the following cases.
CV-15-431. Stacey McKinney v. Director et al., from the Arkansas Board of Review.
Danielson and Hart, JJ., would grant.
CV-15-836. Eloise Dianne Julian v. Director et al., from the Arkansas Board of Review.
Danielson, J., would grant.
CV-15-877. Platinum Peaks, Inc. v. Shirley Bradford, from Van Buren County Circuit
Court.
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. Baker and Hart, JJ., would grant.
Danielson, J., not participating.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
PER CURIAM ORDERS
CR-16-7. Timothy Lamont Howard v. State of Arkansas, from Little River County Circuit
Court. Appellant’s motion for waiver of page limit is granted.
CR-16-186. Dustin Hembey v. State of Arkansas, from Pike County Circuit Court.
Appellant’s motion for rule on clerk is granted.
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 is granted.
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 is granted.
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 is granted.
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 is granted. Wood, J.,
would deny.
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 is granted.
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
is granted.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
PER CURIAM ORDERS
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 is granted.
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) is granted.
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) is granted.
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)
is granted.
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) is granted.
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) is granted.
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) is granted.
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) is granted.
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CR-15-274. Jonathan Berks v. State of Arkansas, from Garland County Circuit Court.
Appellant’s pro se motion for extension of time to file appellant's brief in pro se appeal of
orders denying pro se Rule 37.1 petition and request for modification. Motion granted;
brief due ten days from the date of this per curiam order (April 24, 2016).
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
PER CURIAM ORDERS
CR-15-928. Kenneth Tucker v. State of Arkansas, from Ashley County Circuit Court.
Appellee’s motion to dismiss appeal is granted.
CR-15-976. Eric C. Burgie v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s pro se motion for belated appeal. Appeal dismissed; motion for belated appeal
treated as motion for belated brief and moot. See per curiam this date.
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. Show cause order issued. See per curiam this date.
In Re Administrative Order No. 2(b)(2). See per curiam this date.
In Re Administrative Order Number 10 – Affidavit of Financial Means. See per curiam
this date.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR-15-660. Rolandis Larenzo Chatmon v. State of Arkansas, from Faulkner County
Circuit Court.
CR-15-967. Duane Gonder v. State of Arkansas, from Drew County Circuit Court.
CV-15-711. 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 v. Courtyard Gardens Health and Rehabilitation, LLC a/k/a Courtyard Gardens
Health and Rehabilitation; Arkadelphia Holdings, LLC; SLC Operations Master Tenant,
LLC; SLC Operations, LLC; SLC Professionals of Arkansas, LLC; SLC Administrative
Services of Arkansas, LLC; Capital SeniorCare Ventures, LLC; SLC Properties, LLC;
2701 Twin Rivers Drive, LLC; Senior Vantage Point, LLC; Senior Living Communities
of Arkansas, LLC; EOR Group, LTD; EOR, LLC; EOR-ARK, LLC; VAJ, LLC; Quality
Review, LLC; Angela Marlar, In Her Capacity as Administrator/Executive Director of
Golden LivingCenter – 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 LivingCenter – Arkadelphia, from Clark
County Circuit Court.
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PETITIONS FOR REVIEW:
CV-15-838. Catherine W. Smith v. Paul R. Smith, from Garland County Circuit Court.
CV-15-913. Margaret Suzanne Horne v. Eunice Ernestine Cuthbert, from Sebastian
County Circuit Court, Fort Smith District.
CV-15-921.
Family
Dollar
Trucking,
Inc.;
Family
Dollar,
Inc.;
and
Family
Dollar
Services, Inc. v. Jimmy Huff and Robert Ward, from Crittenden County Circuit Court.
CV-16-10. Erin Lane Potts v. Timothy D. Potts, Jr., from Sebastian County Circuit Court,
Fort Smith District.
CV-16-219. Tony Havner v. Northeast Arkansas Electric Cooperative, from Baxter
County Circuit Court.
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CR-80-40. Eugene Issac Pitts v. State of Arkansas, from Pulaski County Circuit Court,
Fifth Division. Petitioner’s motion for oral argument and submission with CR-90-198.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
MOTIONS SUBMITTED
CR-13-438. Edward Thompson III v. State of Arkansas, from Pulaski County Circuit
Court, Seventh Division. Appellant’s motion to recall the mandate.
CR-15-890. State of Arkansas v. Walter Cecil Gray, from Washington County Circuit
Court. Appellee’s motion to file belated brief.
CR-15-899. Zachary Holly v. State of Arkansas, from Benton County Circuit Court.
Appellant’s petition for writ of certiorari to complete the record.
CR-15-948. Randy William Gay v. State of Arkansas, from Garland County Circuit Court.
Appellant’s motion to extend time to file supplemental record.
CR-15-1061. Jacqueline Ferguson v. State of Arkansas, from Lonoke County Circuit
Court. Appellant’s motion to submit a supplemental brief.
CR-15-1067. Jeremy Edward Whalen v. State of Arkansas, from Sebastian County Circuit
Court, Fort Smith District. Appellee’s unopposed motion to take judicial notice.
CR-16-36. Edward Anthony Liggins v. State of Arkansas, from Craighead County Circuit
Court, Western District. Notice of entry of appearance from Alvin Simes on behalf of
appellant.
CV-15-115. Grand River Enterprises Six Nations, LTD v. State of Arkansas, from Pulaski
County Circuit Court, Fifth Division. Joint Status Report.
CV-15-523.
Connie
Watkins
and
Richard
Watkins
v.
Paragould
Light
and
Water
Commission
and
City
of
Paragould,
Arkansas,
from
Greene
County
Circuit
Court.
Watkinses’ motion to transfer this appeal to the Arkansas Supreme Court.
CV-15-743. Capital SeniorCare Ventures, LLC; et al. v. Annettee Williamson, as Personal
Representative of Jerline Kennel, Deceased, and On Behalf Of the Wrongful Death
Beneficiaries of Jerline Kennel, from Clark County Circuit Court. Appellee’s petition to
transfer case to the Supreme Court.
CV-15-746. Capital SeniorCare Ventures, LLC, et al. v. Ericka Ann Davis, as Special
Administrator for the Estate of Julius Marks, Deceased, from Clark County Circuit Court.
Appellee’s petition to transfer case to the Supreme Court.
CV-15-1053. Courtyard Gardens Health and Rehabilitation, LLC, et al. v. Patricia Ann
Sheffield, as Special Administrator of the Estate of Maylissia Holliman, Deceased, from
Clark County Circuit Court. Appellee’s petition to transfer case to the Supreme Court.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
MOTIONS SUBMITTED
D-16-310. In Re Janus F. Argo, Arkansas Bar No. 73101, an Original Action. Petition of
Janus F. Argo, Arkansas Bar No. 73101, for voluntary surrender of license (resignation).
D-16-311. In Re Robert J. Viguet, Jr., Arkansas Bar No. 85161, an Original Action.
Petition of Robert J. Viguet, Jr., Arkansas Bar No. 85161, for voluntary surrender of license
(resignation).
D-16-312. In Re Joseph A. Miller, Arkansas Bar No. 87119, an Original Action. Petition
for
Joseph
A.
Miller,
Arkansas
Bar
No.
87119,
for
voluntary
surrender
of
license
(resignation).
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CR-13-431. Arbury Bowerman v. State of Arkansas, from Logan County Circuit Court,
Northern District. Appellant’s pro se motion for copy of transcript at public expense.
CR-16-169. Donnie Ray Slater v. State of Arkansas, from Arkansas County Circuit Court,
Southern District. Petitioner’s pro se motion for appointment of counsel in pro se appeal
of order denying Rule 31.1 petition.
CR-16-195. Tiandre Cardenas-Haliburton v. State of Arkansas, from Pulaski County
Circuit Court, Fourth Division. Petitioner’s pro se motion for belated appeal.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 14, 2016
CASES SUBMITTED
CV-15-824. Temika Donley v. Lakitcher Donley, from Pulaski County Circuit Court,
Seventeenth Division. Orally argued.
CR-15-770. State of Arkansas v. Jason Sprenger, from Carroll County Circuit Court,
Western District.
CV-15-636. Tom Muccio v. Johnelle Hunt, from Pulaski County Circuit Court, Sixth
Division.
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CV-15-962. Shawn Whiteside v. Arkansas Parole Board, from Lincoln County Circuit
Court.
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