BRANDON J. HARRISON, Judge. This is a property-boundary case. Joe and Elsie Canfield filed a petition to quiet title that asked the circuit court to determine the common boundary between their property and property that Ricky and Niki Teague own. The Teagues counterclaimed and alleged that they own the disputed land area based upon boundary by acquiescence and adverse possession. The Teagues also claimed that they had an easement by prescription in an access road. After a bench trial, the...
PHILLIP T. WHITEAKER , Judge . Tommy Thompson appeals a Sebastian County Circuit Court order adjudicating his ten-month-old twin daughters dependent-neglected. He raises three points for reversal in which he challenges (1) the constitutionality of the removal statutes; (2) the sufficiency of the evidence to support the dependency-neglect finding; and (3) the trial court's refusal to allow the admission of evidence in his defense. We need not address Thompson's first two points on appeal,...
RITA W. GRUBER, Judge. In June 2010, Moses A. Kimmons pleaded guilty to felon in possession of a firearm and was sentenced to three years' imprisonment in the Arkansas Department of Correction and three years' suspended imposition of sentence, subject to certain written conditions. The State subsequently filed a petition to revoke, alleging that he had violated conditions including the condition that he not possess a Schedule VI controlled substance. At the September 2013 revocation hearing,...
BRANDON J. HARRISON , Judge . On 27 August 2013, Roy Hurst pleaded guilty to stealing property worth at least $25,000, which is a Class B felony. The court sentenced Hurst to twelve years in the Arkansas Department of Correction. In this sentence-enhancement appeal, Hurst argues that the circuit court improperly considered a misdemeanor conviction from Monroe County that was on appeal from district court to circuit court when it sentenced him in this case. For a few reasons, we affirm the...
PHILLIP T. WHITEAKER, Judge. Appellant Charles McIntosh and appellee Kim McIntosh were married in 1996 and had one daughter, K.M. Kim filed a complaint for divorce from Charles in 2012 and sought primary physical custody of K.M. Following a trial, the Pulaski County Circuit Court granted Kim's complaint for divorce. Charles timely appealed and now argues to this court that the circuit court erred in (1) setting child support based on a draft of a 1099 tax form; and (2) not awarding him...
KENNETH S. HIXSON , Judge After a jury trial in Independence County Circuit Court, appellant Akeem Allajowuan Lewis was convicted of two counts of second-degree murder in the shooting deaths of John L. Weeams and Omar Scales. Appellant was sentenced to consecutive eight- and twenty-year prison terms, respectively. On appeal, appellant argues (1) that the State failed to negate his justification defense, and (2) that the trial court abused its discretion in running his sentences...
KENNETH S. HIXSON , Judge . Appellant Talvin Collins brings this appeal from an order of the Jefferson County Circuit Court quashing a writ of garnishment after Collins had been granted a default judgment. We affirm the circuit court. The City of Gould (the City) is a municipal corporation located in Lincoln County operating under a mayor/aldermanic form of government. The City hired Talvin Collins as the police chief at an annual salary of $21,900. A dispute apparently arose between the...
LARRY D. VAUGHT , Judge . Appellant John Walls, Jr., appeals two decisions rendered by the Circuit Court of Craighead County in his divorce case against his former wife, appellee Dorothy Jean Walls: (1) the court's denial of his motion to enforce a Marital Dissolution Agreement ("MDA"), and (2) the manner in which the court divided the parties' bank accounts. We affirm. The parties were married on February 14, 2004. While living in Memphis, Tennessee, in 2009, the parties separated. On...
LARRY D. VAUGHT , Judge . Appellant Elizabeth Jeannette McClellan appeals the sentencing order entered by the Sebastian County Circuit Court finding her guilty of theft by deception. She was ordered to serve a six-year suspended sentence and pay restitution, fines, court costs, and fees. On appeal, McClellan challenges the sufficiency of the evidence supporting her conviction. We affirm. At trial, Andrea Moore testified that she and McClellan were friends. McClellan, who had previously...
DAVID M. GLOVER, Judge. Paul Graver challenges the trial court's January 27, 2014 order finding him in contempt for selling a fire truck. He contends that the trial court erred in holding him in contempt because 1) it was without jurisdiction for lack of service, 2) it was without jurisdiction due to forum selection, and 3) the temporary restraining order preventing him from selling the fire truck had expired and the subsequent order was a legal nullity. The contempt order is the only action...
WAYMOND M. BROWN, Judge. Appellant Boston Mountain Regional Solid Waste Management District appeals from a judgment in favor of appellee Benton County Regional Solid Waste Management District following a breach-of-contract action. We do not reach the merits of this appeal and dismiss without prejudice because of an insufficient Rule 54(b) certificate. Appellant and appellee are regional solid-waste-management districts governed by Arkansas Code Annotated section 8-6-701 et seq. (Repl. 2011)....
KENNETH S. HIXSON, Judge. Appellant Ronald Beggs appeals from the trial court's denial of his motion to modify alimony. On appeal, Mr. Beggs asserts that there was a reduction in his income and that the trial court erred in refusing to reduce his alimony obligation to his ex-wife, appellee Elizabeth Beggs. We remand for the record to be settled and supplemented, and we order supplementation of the addendum. Bringing forward a sufficient record to allow determination of the issues on appeal is...
ROBERT J. GLADWIN , Chief Judge . On November 22, 2013, in the Faulkner County Circuit Court, Lester Hendrix was convicted of internet stalking of a child, a violation of Arkansas Code Annotated section 5-27-306 (Supp.2013), and sentenced to ten years' imprisonment. On appeal, he argues that the State failed to prove an essential element of the crime. However, the State contends that appellant failed to preserve the issue for appellate review. We agree that the issue is not preserved and...
RITA W. GRUBER , Judge . Kenneth Coleman Colley II, a self-employed contractor, brings this child-support case before us for the second time. The primary issue is the procedure to be used for determining the amount of his income for purposes of child support. We dismissed the first appeal without prejudice because of a lack of finality in the circuit court's decree that granted Audrey Hamilton Colley's complaint for divorce. Colley v. Colley, 2014 Ark.App. 194, 2014 WL 1092553. The...
RITA W. GRUBER , Judge . This is a breach-of-contract case. The sole issue on appeal is whether substantial evidence supports the jury's award of damages. We hold that substantial evidence does not support the jury's award, and, accordingly, we reverse the trial court's denial of appellant's motion for judgment notwithstanding the verdict (JNOV) and remand with instructions to the trial court to enter judgment consistent with this opinion. Appellant, Baptist Memorial Hospital-Mississippi...
ROBERT J. GLADWIN , Chief Judge . Appellant Christian Wright appeals the order filed March 21, 2014, in which the Garland County Circuit Court terminated his parental rights to his presumptive daughter, S.W. Appellant submits that the evidence does not support a clear and convincing finding by the circuit court that he had any parental rights to terminate, specifically as alleged or otherwise, and that the circuit court's ruling is clearly erroneous and must be reversed and dismissed as...
DAVID M. GLOVER, Judge. This case stems from a dispute arising out of a lease agreement which bound DLC Properties, LLC, d/b/a Twin Lakes Plaza, LLC (DLC) and Carmike Cinemas, Inc., and Eastwynn Theatres, Inc. (Carmike). DLC appeals a jury verdict in favor of Carmike, and Carmike cross-appeals the trial court's ruling to deny its motion for attorneys' fees. We do not reach the merits of this appeal because DLC failed to comply with the Arkansas Supreme Court Rules governing the contents of an...
BRANDON J. HARRISON, Judge. Earnest Daniel appeals the Arkansas Workers' Compensation Commission's decision that she did not sufficiently prove that she sustained a compensable back injury. She essentially argues that the Commission erred in finding her not credible and in disregarding medical evidence that she says documents a workplace injury. We affirm. The arguments advanced by Daniel challenge the sufficiency of the evidence. These arguments are based entirely on matters of weight and...
LARRY D. VAUGHT, Judge. Appellant John Horne appeals from the judgment entered by the Washington County Circuit Court, awarding appellee Steve Henson $250,000 on his breach-of-contract claim or, alternatively, on his unjust-enrichment claim. On appeal, Horne argues that (1) Henson's complaint is barred by the statute of limitations; (2) the trial court erred in awarding Henson a judgment for breach of contract where there was no enforceable contract between the parties; and (3) the trial court...
ROBERT J. GLADWIN, Chief Judge. This is the second time this appeal is before us. Initially, it was brought as a no-merit appeal, and on January 15, 2014, we ordered rebriefing and denied counsel's motion to withdraw, see Leal v. State, 2014 Ark.App. 20. This time, appellant Ismeal Leal's new counsel has filed a merit appeal from the April 16, 2013 revocation of his probationary sentence by the Crittenden County Circuit Court for which he was sentenced to three years' imprisonment in the...
