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 8, 2017
CHIEF JUDGE RITA W. GRUBER
CR-16-856. Oliver W. Hart III v. State, from Miller County Circuit Court. Remanded for correction and supplementation of record; rebriefing ordered. Klappenbach and Glover, JJ., agree.
CV-16-797. Daniel R. Mills v. Aerocare Holdings Inc. and Standard Fire Insurance Company, from the Arkansas Workers' Compensation Commission. Affirmed. Klappenbach and Glover, JJ., agree.
JUDGE RAYMOND R. ABRAMSON
CV-16-478. Marti Johnson v. William Young, from Phillips County Circuit Court. Reversed and remanded; cross-appeal rendered moot. Virden and Gladwin, JJ., agree.
CV-16-783. Anthony Yates v. Boar's Head Provisions Co. Inc. and American Zurich Insurance Company, from the Arkansas Workers' Compensation Commission. Affirmed. Virden and Gladwin, JJ., agree.
JUDGE BART F. VIRDEN
CV-16-335. Brad W. Davenport v. Deutsche Bank National Trust Company, as Trustee, in Trust for the Registered Holders of Morgan Stanley Abs Capital I Trust 2006-HE7 Mortgage Pass-Through Certificates, Series 2006-HE7, from Faulkner County Circuit Court. Appeal dismissed. Abramson and Gladwin, JJ., agree.
CV-16-749. James Hubbard v. Riceland Foods, Liberty Mutual Insurance Company, and Death & Permanent Total Disability Trust Fund, from the Arkansas Workers' Compensation Commission. Affirmed. Abramson and Gladwin, JJ., agree.
CV-16-846. Tracy French v. State, from Hot Spring County Circuit Court. Dismissed. Abramson and Gladwin, JJ., agree.
JUDGE ROBERT J. GLADWIN
CR-16-792. Arkansas Department of Human Services v. State, from Pulaski County Circuit Court, 11th Division. Affirmed. Abramson and Virden, JJ., agree.
CR-16-795. Arkansas Department of Human Services v. State of Arkansas, from Pulaski County Circuit Court, 11th Division. Affirmed. Abramson and Virden, JJ., agree.
JUDGE BRANDON J. HARRISON
CV-16-519. Thomas Ellis Stuart v. Arkansas Department of Finance and Administration, Larry Walther, Director, from Drew County Circuit Court. Affirmed. Hixson and Brown, JJ., agree.
CV-16-601. Arkansas Department of Human Services v. Tomisha Lewis and Minor Children, from Pulaski County Circuit Court, 10th Division. Affirmed. Whiteaker, Vaught, and Brown, JJ., agree. Hixson and Murphy, JJ., dissent.
CV-16-770. Lentz Carrier Company LLC and Carolina Casualty Insurance Company v. Robert Smith, Southern Chips Inc. and First Liberty Insurance Corporation, from the Arkansas Workers' Compensation Commission. Remanded; motion granted. Hixson and Brown, JJ., agree.
JUDGE MARK KLAPPENBACH
CV-16-565. Multi-Craft Contractors Inc. and Gallagher Bassett Services Inc. v. Rick Yousey, from the Arkansas Workers' Compensation Commission. Reversed in part and affirmed as modified in part on direct appeal; affirmed in part and affirmed as modified in part on cross-appeal. Gruber, C.J., and Glover, J., agree.
CV-16-684. Laurie D. Farrow v. Sheila Fuller, as Administratrix of the Estate of Richard Bloch, Deceased, and Autumn Breeze Restaurant Inc., from Carroll County Circuit Court, Western District. Affirmed in part; reversed and remanded in part. Gruber, C.J., and Glover, J., agree.
CV-16-766. Joseph Berry v. Dana Berry, from Pulaski County Circuit Court, 15th Division. Affirmed. Gruber, C.J., and Glover, J., agree.
JUDGE DAVID GLOVER
CR-16-723. Aaron Lovelace v. State, from Jefferson County Circuit Court. Affirmed; remanded with instructions to correct the sentencing order. Gruber, C.J., and Klappenbach, J., agree.
CV-16-181. Alice M. Johnson v. Blytheville School District, By Its Board of Directors, Tommy Bennett, Jr.; Lori Hixson; Billy Fair; Gene Henton; Carlony Lewis; Tracey Ritchey; Barbara Wells; and Tobey Johnson, Individually, and in Their Official Capacities, and Sandy Hughey, Assistant Superintendent; Letroy Gathen, Executive Director of Support Services; and Richard Atwill, Superintendent, Individually, and in Their Official Capacities, from Mississippi County Circuit Court, Chickasawba District. Affirmed. Gruber, C.J., and Klappenbach, J., agree.
CV-16-652. Commercial Fitness Concepts LLC v. WGL LLC, from Benton County Circuit Court. Affirmed in part; reversed and remanded in part. Gruber, C.J., and Klappenbach, J., agree.
JUDGE PHILLIP T. WHITEAKER
CV-16-287. Victor Williams, M.D. v. Bobby Shackelford, from Pulaski County Circuit Court, Second Division. Affirmed in part; reversed in part. Vaught and Murphy, JJ., agree.
JUDGE LARRY D. VAUGHT
CR-16-522. Alexander Pokatilov v. State, from Lonoke County Circuit Court. Affirmed. Gruber, C.J., and Gladwin, Harrison, Whiteaker, and Brown, JJ., agree. Virden, Klappenbach, and Hixson, JJ., dissent.
CR-16-932. William Roy Tubbs v. State, from Crawford County Circuit Court. Dismissed. Whiteaker and Murphy, JJ., agree.
CV-16-534. Larry DeWayne Heinrich and Seth Heinrich v. Allison Anders, from Jefferson County Circuit Court. Remanded to supplement the record and addendum; rebriefing ordered. Whiteaker and Murphy, JJ., agree.
CV-16-960. Ricky Howell and Susan Howell v. Arkansas Department of Human Services and Minor Children, from Washington County Circuit Court. Affirmed. Abramson, Virden, and Gladwin, JJ., agree. Whiteaker and Murphy, JJ., dissent.
JUDGE KENNETH S. HIXSON
CV-16-664. Michael Douglas v. Shelby Taylor Trucking Inc., from Grant County Circuit Court. Reversed. Harrison and Brown, JJ., agree.
JUDGE MIKE MURPHY
CR-16-605. Alex Lamar Wade v. State, from Garland County Circuit Court. Affirmed. Whiteaker and Vaught, JJ., agree.
JUDGE WAYMOND M. BROWN
CR-16-826. Aronde Keywon Thompson v. State, from Pulaski County Circuit Court, Fifth Division. Reversed and remanded for sentencing consistent with this opinion. Harrison and Hixson, JJ., agree.
Metro on 03/09/2017