DAVID M. GLOVER, Judge. Harley Hoffman appeals from a circuit-court order terminating his parental rights in K.H. (born November 28, 2007). Hoffman does not challenge the court's finding that termination was in K.H.'s best interest. Instead, he argues that the court erred in refusing to grant him additional time to achieve reunification with K.H. We affirm the termination order. On February 4, 2009, the Springdale police arrested Hoffman and K.H.'s mother, Tiffany Snodgrass, on numerous...
JOHN B. ROBBINS, Judge. Carolyn Coleman appeals the Greene County Circuit Court's order awarding permanent custody of her daughter, K.W. (born 4/3/02), and her son, C.W. (born 8/3/03), to their father, Eddie Wester, and closing their portion of the dependency-neglect case. The court allowed Coleman's third child, K.C. (born 3/19/94), to remain in her custody and kept her portion of the case open. 1 Coleman asserts that the court erred in granting permanent custody of K.W. and C.W. to their...
JOSEPHINE LINKER HART, Judge. Alan Sargent appeals from the grant of summary judgment in favor of radiologist William Springer. The trial court found that Sargent's complaint was barred by the statute of limitations. On appeal, Sargent argues that summary judgment was inappropriate because there was a material fact in issue, and he was deprived of the opportunity to conduct discovery. We affirm. On November 13, 2001, Sargent underwent gall bladder surgery. He experienced abdominal pain, and...
ROBERT J. GLADWIN, Judge. Appellant Rickey Henry challenged the Benton County Circuit Court's November 9, 2009 order granting attorney's fees to appellee QHG of Springdale, Inc., d/b/a Northwest Medical Center of Benton County, Arkansas, claiming that the trial court erred. An appeal followed, and an opinion was filed and published by the Arkansas Court of Appeals on September 15, 2010. A petition for rehearing was filed September 30, 2010, and is hereby granted. Thus, we vacate our prior...
LARRY D. VAUGHT, Chief Judge. Appellant Kristie Mendez, in her capacity as the Administratrix of the Estate of Cheryle K. Morse, deceased, appeals two orders of summary judgment entered by the Circuit Court of Sebastian County, dismissing the medical-malpractice complaint filed against appellees Dr. David Glover, Dr. Rebecca Floyd, and Dr. Hriar Simonian. 1 Mendez contends that the trial court erred in granting summary judgment to the three doctors. We affirm. In June 2007, Morse was...
WAYMOND M. BROWN, Judge. This is a nursing-home negligence case, filed by Dana Couch Heide on behalf of Marc Stephen Williams, an incapacitated person. But the issue here is whether the circuit court should have granted a motion to compel arbitration. The court denied the motion filed by Advocat, Inc.; Diversicare Management Services Co.; and Diversicare Leasing Corp. d/b/a Arbor Oaks Health & Rehabilitation Center (collectively referred to as "Advocat") after finding that Advocat waived its...
RITA W. GRUBER, Judge. Dalesha Welch appeals from the Washington County Circuit Court's order terminating her parental rights to her daughter, B.W., born July 9, 2006. On appeal, Welch argues that the circuit court erred in finding that it was in B.W.'s best interest for Welch's parental rights to be terminated. 1 We affirm. Welch was a sixteen-year-old minor when she gave birth to B.W. The Department of Human Services (DHS) took B.W. into emergency custody on February 8, 2008, when a...
COURTNEY HUDSON HENRY, Judge. Appellants Wenzel Wochos and his wife, Debra Proto Wochos (Proto-Wochos), alleged in this action that they were fraudulently induced to purchase a lakeside condominium in Hot Springs from a real estate broker and his wife, appellees B.J. Woolverton and Carolyn Woolverton, and that the title company and escrow agent, appellee Garland County Title Company (GCTC), and its employees, appellees Stephen DeMott and Carol Sikorski, had knowledge of the fraud and failed to...
ROBERT J. GLADWIN, Judge. This is the latest in a series of appeals involving the guardianship of Kristin Kuelbs, an incapacitated adult. 1 In this appeal, Kristin's brother and sister-in-law, appellants Donald and Edwardena Hill, challenge several orders entered by the Garland County Circuit Court between March 5, 2009, and April 9, 2009, including an order that appointed Kristin's sister, appellee Kimberly Hill, as Kristin's guardian. For the reasons set forth below, we affirm the court's...
LARRY D. VAUGHT, Chief Judge. By felony information appellant Phillip Holloway was charged with the first-degree murder of his wife, Erma Holloway. He was convicted of the lesser-included offense of second-degree murder. On appeal he argues (1) that there was insufficient evidence to prove that a homicide occurred; (2) that the evidence was insufficient to prove that he had the requisite intent for second-degree murder; (3) that the trial court erred in its failure to address police and...
DAVID M. GLOVER, Judge. Appellants, Lisa Hoffman and Michael Pine, appeal the termination of their parental rights to their son, M.P., who was born on August 15, 2008. 1 On appeal, appellants argue that the termination of their parental rights was not in M.P.'s best interest and that the State failed to present sufficient proof of the grounds specified in the termination order. We affirm the termination. Preliminary Matters On January 7, 2009, the Arkansas Department of Human Services (DHS)...
WAYMOND M. BROWN, Judge. McGeorge Contracting Co., Inc., filed a complaint against the City of Little Rock and the Housing Authority for the City of Little Rock (LRHA) in an effort to gain access to Highway 365. Five months later after dismissing the suit for want of prosecution, the Pulaski County Circuit Court entered an order vacating the dismissal, allowing the suit to proceed. The City has appealed from the order, challenging the circuit court's jurisdiction to enter the order and...
DAVID M. GLOVER, Judge. Appellant, Kathryn Edwards, appeals from the termination of her parental rights to her daughter, EE (DOB August 29, 2006). 1 She contends that the trial court erred in terminating her rights because there was insufficient evidence that termination was in the child's best interests, and there was insufficient evidence that appellee, Arkansas Department of Human Services, made a meaningful effort to assist her in reunification. We affirm. Standard of Review We review...
WAYMOND M. BROWN, Judge. Appellant Khadya Smith appeals from the orders terminating her parental rights to her children, J.W., born April 2, 1998, and K.D., born January 5, 2004. 1 She challenges the trial court's "best-interest" finding as to the children's adoptability. We affirm. Arkansas Department of Human Services (DHS) filed a petition for dependency-neglect on August 13, 2007. In the petition, DHS alleged that the children were in serious harm as the result of neglect, and sought...
JOSEPHINE LINKER HART, Judge. Appellant, Farm Bureau Mutual Insurance Company of Arkansas, Inc., filed a complaint for declaratory judgment seeking a declaration that it had no duty to indemnify appellee, Danny W. Sells, under an insurance policy. The circuit court, after finding that a policy exclusion was ambiguous, granted summary judgment to appellee. On appeal, we hold that because the parties submitted disputed extrinsic evidence on the meaning of the policy exclusion, we are required to...
ROBERT J. GLADWIN, Judge. Appellants Johnny Weaver, James F. Valley, and the City of Helena-West Helena (referred to hereafter collectively as the City) appeal the April 21, 2009 order of the Phillips County Circuit Court that enforced a settlement agreement between appellee Roosevelt Collins and the City and granted Collins judgment in the amount of $33,000. The City claims on appeal that (1) the trial court erred in finding that Collins proved he was entitled to either a writ of mandamus or...
RAYMOND R. ABRAMSON, Judge. Edmond Blouin worked for Bio-Tech Pharmacal, Inc. for about five years in various capacities. During his tenure at Bio-Tech, Blouin suffered a work-related injury in early November 2004. Blouin was underneath his desk trying to dismantle it so that he could move it to his new office, when the two pieces of his desk and a bookshelf sitting on top of the desk collapsed on top of him. As a result of the accident, Blouin had pain in his back, legs, neck, and knees. He...
DAVID M. GLOVER, Judge. This appeal involves interpretation of a joint-check agreement among appellant Bank of the Ozarks (Bank) and its customer, appellee Capital Dirtworks, LLC (Dirtworks), a subcontractor, and the subcontractor's general contractor, appellee Jim Wood Company, Inc. (JWC). JWC served as the general contractor on a construction project located in Tennessee. Dirtworks was a subcontractor on the project. Bank of the Ozarks loaned money to Dirtworks for the project. In January...
LARRY D. VAUGHT, Chief Judge. Appellant Darla Jackson lived and worked at the Turpentine Creek Wildlife Refuge in Carroll County from the late 1990s until mid-July 2005. She was married to Robert Jackson, who died in September 2002. His mother is appellee Hilda Jackson. Appellee Tanya Smith, f/k/a Tanya Gonzales, is Robert's sister. Tanya Smith owns legal title to the property on which the refuge is operated. On February 3, 2001, Tanya Smith, as president of Turpentine Creek Foundation, Inc....
ROBERT J. GLADWIN, Judge. Appellant James Ross appeals the order of the Clark County Circuit Court terminating his parental rights with respect to his minor children, J.R.(1), S.R., and J.R.(2). He argues that the termination of his parental rights was not authorized by Arkansas Code Annotated section 9-27-341(a)(3) (Supp.2009) and was not in the children's best interest. We affirm. According to an affidavit filed with the petition for emergency custody, on August 27, 2008, the Arkansas...
