PAUL E. DANIELSON , Associate Justice . Appellant John ("John") Kelly appeals from the final order and decree of divorce from appellee Christian Snowden Kelly ("Christy") that was entered by the Pulaski County Circuit Court. John had appealed from a prior order of that court, and we reversed and remanded the matter. See Kelly v. Kelly, 2011 Ark. 259 , 381 S.W.3d 817 ( Kelly I ). In the instant appeal, John raises four assertions of error by the circuit court: (1) that it erred in...
PAUL DANIELSON , Associate Justice This appeal presents a review of an order by the Ouachita County Circuit Court denying a motion to compel arbitration. Appellants are GGNSC Holdings, LLC, its related corporate entities, individual Golden LivingCenters located throughout Arkansas, and certain employees of GGNSC (collectively referred to as "appellants"). Appellees are Dianne Roche, as attorney-in-fact for Thomas Roche; Nellie Lamb, by and through Richard Williams, as Guardian of the...
COURTNEY HUDSON GOODSON , Associate Justice . Appellant Tina Olson appeals a decree entered by the Pope County Circuit Court granting her amended complaint for divorce on the ground of adultery against appellee Don Olson. For reversal, Tina contends that the circuit court erred (1) by granting the divorce on her amended complaint based on the testimony of Don and his witnesses when she was not present at trial; (2) by dividing the parties' debts and assets pursuant to the divorce or by...
KAREN R. BAKER , Associate Justice . This appeal arises from a dispute over a refund of ad valorem taxes. Appellant, Outdoor Cap Co., Inc. ("Outdoor Cap") was founded in 1976 and is a headwear company with its headquarters and largest distribution center located in Bentonville, Arkansas, in Benton County. Outdoor Cap has been paying ad valorem personal-property taxes in Benton County since 1976. In 2011, Outdoor Cap sought a refund from the appellee, Benton County Treasurer, Benton County...
JOSEPHINE LINKER HART , Associate Justice . This interlocutory appeal arises from a lawsuit filed pursuant to the Arkansas Whistle-Blower Act and state and federal civil rights claims. Charles Smith, in his official capacity as the Administrator of the Arkansas State Hospital (State Hospital) and Betty Mains in her individual capacity appeal from the denial of their motion for summary judgment. The circuit court found that Gloria Daniel's claim for retaliation was not barred by sovereign...
JOSEPHINE LINKER HART , Associate Justice . Rylwell, LLC (Rylwell) and the Commissioner of State Lands (Commissioner) appeal from the grant of summary judgment in favor of Men Holdings 2, LLC (Men Holdings) and others setting aside a tax sale due to insufficient notice. On appeal Rylwell argues that the circuit court erred in granting appellees' cross-motions for summary judgment based on the lack of constitutional notice of the tax sale. Separate appellant Commissioner argues that the...
PER CURIAM. By previously issued per curiam opinion handed down on December 4, 2014, we ordered Appellants to supplement their brief with the prior orders and judgments that related to our opinion in Kimbrell v. McCleskey, 2012 Ark. 443 , 424 S.W.3d 844 . Upon further review, we have determined that the pleadings and motions from the prior appeal are essential to an understanding of the case in the current appeal. We therefore order appellants to supplement their addendum with copies of...
JOSEPHINE LINKER HART , Associate Justice In accordance with Rule 2(a)(6) of the Arkansas Rules of Appellate Procedure — Civil, appellants United Food and Commercial Workers International Union, Organization United for Respect at Wal-Mart (an organization of Wal-Mart associates that refers to itself as "OURWalmart"), and Does 1-10, hereinafter "the union," appeal from an order of the Benton County Circuit Court denying their motion to dissolve or modify a stipulated preliminary injunction....
PAUL E. DANIELSON , Associate Justice . Petitioners Entergy Arkansas, Inc. ("EAI"); Entergy Operations, Inc. ("EOI") (collectively "Entergy"); and DP Engineering, Ltd. Co. ("DP"), petition this court for writs of prohibition directed to the respondent Pope County Circuit Court, which denied their motions to dismiss the complaint of the plaintiff below, Jess Clayton. 1 Entergy and DP contend that the circuit court is precluded from continuing to exercise jurisdiction over Clayton's claims...
COURTNEY HUDSON GOODSON , Associate Justice . Appellants, P. Timothy English, M.D.; Family Medicine Clinic, P.A.; John Brunner, M.D.; and Heritage Physicians Group, P.A., appeal the circuit court's order vacating a judgment entered in favor of appellants. Appellants argue that the circuit court erred in vacating the judgment because the grounds for a new trial were not discovered more than ninety days after the court entered the amended judgment; that Act 1116 of 2013 applies retroactively...
PER CURIAM. Appellants have appealed from an order of the Pulaski County Circuit Court that was issued after prior orders had been appealed to the Arkansas Supreme Court and after the case was remanded pursuant to our decision in Kimbrell v. McCleskey, 2012 Ark. 443 , 424 S.W.3d 844 . However, appellants failed to include the orders or judgments from the prior appeal in their addendum. Because these missing orders and judgments are essential to an understanding of the case, we order...
PAUL E. DANIELSON , Associate . Appellant Don Airsman, Jr., appeals from the sentencing order of the Hempstead County Circuit Court reflecting his conviction for first-degree murder and his sentence to life imprisonment, plus a fifteen-year enhancement for use of a firearm. He asserts three points on appeal: (1) that there was insufficient evidence to support his conviction for first-degree murder; (2) that the circuit court erred in denying his motion to suppress his statements; and (3)...
PAUL E. DANIELSON, Associate Justice. Appellants Fort Smith School District; Greenwood School District; Alma School District; and Van Buren School District (collectively "Fort Smith"), appeal from the circuit court's order denying their motion to intervene as a matter of right in the litigation of appellee Deer/Mt. Judea School District ("Deer/Mt. Judea"). 1 The sole point on appeal is that the circuit court erred in denying intervention as a matter of right. This court has previously...
JIM HANNAH, Chief Justice. The issues in this appeal involve a pay-if-paid clause in a construction subcontract and the scope of a surety's obligations under a lien-release bond. Appellant, BCC Construction, LLC, d/b/a Boyd Corley Construction, LLC ("BCC"), and appellee, Sweet's Contracting, Inc. ("SCI"), entered into a subcontract on August 7, 2008. BCC, as the general contractor, hired SCI to perform excavation work on a Walgreens project in Batesville, Arkansas. The subcontract contained...
JIM HANNAH , Chief Justice . The issues in this appeal involve a pay-if-paid clause in a construction subcontract and the scope of a surety's obligations under a lien-release bond. Appellant, BCC Construction, LLC, d/b/a Boyd Corley Construction, LLC ("BCC"), and appellee, Sweet's Contracting, Inc. ("SCI"), entered into a subcontract on August 7, 2008. BCC, as the general contractor, hired SCI to perform excavation work on a Walgreens project in Batesville, Arkansas. The subcontract...
PAUL E. DANIELSON , Associate Justice . Appellants Fort Smith School District; Greenwood School District; Alma School District; and Van Buren School District (collectively "Fort Smith"), appeal from the circuit court's order denying their motion to intervene as a matter of right in the litigation of appellee Deer/Mt. Judea School District ("Deer/Mt. Judea"). 1 The sole point on appeal is that the circuit court erred in denying intervention as a matter of right. This court has previously...
DONALD L. CORBIN , Justice . Appellant Patrick Roberson appeals two orders of the Phillips County Circuit Court, granting a petition for writ of mandamus and declaratory judgment filed by appellee Derrick Turner; finding that, pursuant to Arkansas Code Annotated section 7-5-111 (Supp.2013), Roberson was disqualified as a candidate from the position of Helena-West Helena City Treasurer; and denying his motion to withdraw from the Justice of the Peace election in Phillips County. For reversal,...
PER CURIAM. Appellant Cody Lee Martin is appealing the order entered by the Ouachita County Circuit Court denying his motion to withdraw his negotiated plea of nolo contendere to a charge of sexual assault in the first degree for which he received a sentence of eight years in prison. For reversal, he claims error in the circuit court's decision. We cannot reach the merits of the appeal at this time because Martin has failed to file a sufficient record for our review. The issues in this case...
PAUL E. DANIELSON , Associate Justice . Appellant Nancy Millsap, as the Special Administrator of the Estate of Robert Nash, Deceased, appeals the judgment of the Pulaski County Circuit Court entered in favor of Appellee Victor Williams, M.D. On appeal, Millsap argues that (1) the circuit court abused its discretion by providing erroneous and misleading instructions to the jury concerning consent; and (2) that there was sufficient evidence from which the jury could have found that Robert...
COURTNEY HUDSON GOODSON , Justice . Appellant Hurt-Hoover Investments, LLC (Hurt-Hoover), appeals the judgment entered by the Cleburne County Circuit Court after a jury returned its verdict in favor of appellees Lester Fulmer, Rob Bentley, Robert Best, and Carl Chilson. For reversal, Hurt-Hoover contends that the circuit court erred in ruling that venue for this civil action concerning a debt and note was proper in Cleburne County and that the court erred by denying its motion for...
