Arkansas Court of Appeals

The Arkansas Court of Appeals released opinions Wednesday. The court’s ruling and the names of the cases are reprinted here. The full opinions and other court proceedings, including per curiam decisions, orders and submissions, can be found on the Internet at courts.state.ar.us.

PROCEEDINGS OF MARCH 12, 2014

CHIEF JUDGE ROBERT J. GLADWIN

CV-13-619. Roma Trakru v. David Mathews, from Stone County Circuit Court. Affirmed; motion to dismiss denied. Vaught and Hixson, JJ., agree.

CV-13-727. Heritage Physician Group, P.A., and Marco Canulla v. Retha Minton and Melodee Nobmann, as co-administrators of the estate of Eugene Minton, deceased, from Garland County Circuit Court. Affirmed. Vaught and Hixson, JJ., agree.

JUDGE JOHN MAUZY PITTMAN CV-13-386. Roger Maxwell Wainwright v. Nancy (Wainwright) Merryman, from Van Buren County Circuit Court. Affirmed on direct appeal; affirmed in part and reversed and remanded in part on cross-appeal. Walmsley, J., agrees. Hixson, J., concurs.

CV-13-753. Ken David Swindle v. Southern Farm Bureau Casualty Insurance Co., from Benton County Circuit Court. Affirmed. Wynne and Brown, JJ., agree.

CV-13-871. Tammy McCall Myers v. Steven McCall, from Sebastian County Circuit Court, Greenwood District. Affirmed. Wynne and Brown, JJ., agree.

CV-13-1029. Jennifer Ragsdale v. Arkansas Department of Human Services, from Lonoke County Circuit Court. Affirmed. Wynne and Brown, JJ., agree.

JUDGE BILL H. WALMSLEY

CV-13-493. In the matter of the estate of Douglas Kemp, deceased, and U.S. Trust, Bank of America, N.A. v. First National Bank & Trust, Mountain Home, as special administrator of the estate of Douglas Kemp and certain heirs at law of Douglas Kemp, from Randolph County Circuit Court. Affirmed in part; reversed in part. Gruber and Glover, JJ., agree.

CV-13-677. Select Concrete Company, LLC v. Cane Creek Concrete Services, Inc., and CDI Contractors, LLC, from Drew County Circuit Court. Reversed and remanded. Gruber and Glover, JJ., agree.

CV-13-804. Edward Steven Nix Sr. v. Phyllis Diane Nix, from Sebastian County Circuit Court, Fort Smith District. Appeal dismissed. Gruber and Glover, JJ., agree.

E-13-731. Charles Harris v. Director, Department of Workforce Services, from the Arkansas Board of Review. Remanded. Gruber, J., agrees. Glover, J., concurs.

JUDGE ROBIN F. WYNNE

CR-13-626. Paul Scott Singleton v. State, from Franklin County Circuit Court, Northern District. Affirmed. Pittman and Brown, JJ., agree.

CV-13-952. Kassandra Page Horton v. Rhonda Sue Freeman, from Mississippi County Circuit Court, Osceola District. Affirmed in part; reversed and remanded in part. Pittman and Brown, JJ., agree.

JUDGE RITA W. GRUBER

CR-13-642. Timothy Randall Jones v. State, from Sebastian County Circuit Court, Fort Smith and Greenwood Districts. Affirmed. Walmsley and Glover, JJ., agree.

JUDGE DAVID M. GLOVER

CR-13-226. Darron Aikens v. State, from Crittenden County Circuit Court. Affirmed; motion granted; remanded with instructions to correct sentencing order. Walmsley and Gruber, JJ., agree.

CR-13-887. Michael Lee Ring v. State, from Craighead County Circuit Court, Western District. Affirmed. Walmsley and Gruber, JJ., agree. CV-13-726. Christina Reed v. Cynthia Marie Adamec, from Sebastian County Circuit Court, Fort Smith District. Affirmed. Walmsley and Gruber, JJ., agree.

JUDGE PHILLIP T. WHITEAKER

CR-12-782. Tyrone James Campbell v. State, from Sebastian County Circuit Court, Fort Smith District. Affirmed. Harrison and Wood, JJ., agree.

CV-13-745. Steven R. Kendall, Vonda Kendall, Randy Lynn Bates and Alma Bates v. John Golden and Glenda Golden, from Garland County Circuit Court. Dismissed without prejudice. Harrison and Wood, JJ., agree.

JUDGE LARRY D. VAUGHT

CV-13-793. Jacqueline Parsons McFarlin v. Thomas Davidson and Anna Davidson, husband and wife, from Conway County Circuit Court.Affirmed. Gladwin, C.J., and Hixson, J., agree. CV-13-822. Elvin B. Marks v. Leona I. Marks, from Jefferson County Circuit Court. Affirmed. Gladwin, C.J., and Hixson, J., agree.

JUDGE KENNETH S. HIXSON

CV-13-740. Delmar G. (George) Osborn v. Donna L. Cole Tennison and Carlous Tennison, wife and husband, from Marion County Circuit Court. Affirmed. Gladwin, C.J., and Vaught, J., agree.

CV-13-883. Robert Lee Dismute v. Potlatch Corporation, Risk Management Resources, and Sentry Insurance Company, from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin, C.J., and Vaught, J., agree.

JUDGE RHONDA K. WOOD

CV-13-661. Jane Allen Hall v. Board of Administration of the Willow Cove Horizontal Property Regime; and Lynn Bennett, personally and in his official capacity as both president of the Board of Administration of the Willow Cove Horizontal Property Regime and manager of the Willow Cove Horizontal Property Regime; Pat Webb as board member, Doug Thacker as board member, Joe Thornton as board member, and Glen McNeal as board member, from Garland County Circuit Court. Dismissed without prejudice. Harrison and Whiteaker, JJ., agree. CV-13-835. Mo-Vac Services and Argonaut Insurance Company v. John Kelly Roberts, from the Arkansas Workers’ Compensation Commission.Affirmed. Harrison and Whiteaker, JJ., agree.

CV-13-983. Krystal Bohannon v. Edward Fields Robinson, from Pulaski County Circuit Court, 17th Division. Affirmed. Harrison, J., agrees. Whiteaker, J., concurs.

JUDGE WAYMOND M. BROWN

CR-11-415. Edward Anthony Liggins v. State, from Craighead County Circuit Court, Western District. Rebriefing ordered. Pittman and Wynne, JJ., agree.

CR-13-129. Juan Carlos Martinez v. State, from Benton County Circuit Court. Reversed and dismissed. Whiteaker and Vaught, JJ., agree. Gladwin, C.J., concurs. Gruber and Wood, JJ., dissent.

CV-13-999. Billy Hill d/b/a V & H Tire Service v. Cheyne H. Treadaway, from the Arkansas Workers’ Compensation Commission. Affirmed. Pittman and Wynne, JJ., agree.