PHILLIP T. WHITEAKER , Judge . This appeal involves a default judgment against appellants Brittney and Carey Young that was obtained by appellees Jane and Larry Welch. The Youngs filed a motion to set aside the default judgment, which the Pulaski County Circuit Dourt denied. The Youngs appeal, raising several points. We affirm. I. Background The Welches wanted to build a home in North Little Rock, and they contracted with the Youngs for the construction. The Welches subsequently sued...
RITA W. GRUBER , Judge The issue in this interlocutory appeal is whether an arbitration agreement exists between appellee, Grant Williams, and appellants, The Madison Companies, LLC, and Horsepower Entertainment, LLC (a wholly owned subsidiary of The Madison Companies, LLC). The Pulaski County Circuit Court entered an order finding that an arbitration agreement did not exist between the parties. Appellants appeal from the court's order, arguing that there is a valid, enforceable...
PHILLIP T. WHITEAKER , Judge Jason Jones and Amanda Self appeal a Pulaski County Circuit Court order terminating their parental rights to their son, G.J. Jones challenges both the trial court's findings of statutory grounds and its best-interest determination, while Self challenges only the statutory grounds for termination. We affirm. I. Facts The Arkansas Department of Human Services (the Department) initiated contact with Jones and Self in March 2015, due to a report of inadequate...
WAYMOND M. BROWN , Judge Appellant Erica Barnes appeals from the June 9, 2016 order of the Pulaski County Circuit Court terminating her parental rights to her five children, E.B. (DOB 1-15-02), Z.R. (DOB 9-24-06), T.H.1 (DOB 6-20-12), T.H.2 (DOB 8-2-13), and E.H. (DOB 1-1-15). Barnes argues on appeal that the evidence was insufficient to terminate her parental rights. Appellant Tyshon Hall, the father of T.H.1, T.H.2, and E.H., also appeals the June 9, 2016 termination order. He...
KENNETH S. HIXSON , Judge . Appellant Latisha Bane and appellant Joseph Bane appeal separately from the termination of their parental rights to their fourteen-year-old daughter N.B., twelve-year-old son A.B.1, and nine-year-old daughter A.B.2. On appeal, Latisha argues that she received improper service of process, and further argues that the case should not have gone forward without a determination of whether an attorney ad litem should have been appointed for her. Latisha also challenges...
DAVID M. GLOVER , Judge . Chelsea Harley and Wyndham Dempster are the parents of two children, L.D. and W.D. The Office of Child Support Enforcement (OCSE) pursued an action against Dempster to enforce his obligation to support the children. On January 31, 2008, the trial court entered a default judgment of support, ordering Dempster to pay designated amounts to meet his child-support obligation. On March 19, 2015, OCSE filed a motion to modify support and for past-due child support....
WAYMOND M. BROWN , Judge . Appellants appeal from the circuit court's termination of their parental rights to T.S., born 3/4/2005, and C.S., born 9/5/2006. 1 On appeal, both appellants argue that there was insufficient evidence to support the circuit court's adoptability finding. Stanley makes the additional argument that there was insufficient evidence to support the circuit court's finding that there was potential harm in returning the children to his custody. We affirm. I. Facts An...
BRANDON J. HARRISON , Judge . Darlene Rodgers appeals the order of the Mississippi County Circuit Court that terminated her parental rights to her adopted child, C.R. Rodgers challenges the statutory grounds for termination. We affirm. On 30 October 2014, the Arkansas Department of Human Services (DHS) filed a petition for emergency custody and dependency-neglect of nine-year-old C.R. The accompanying affidavit explained that on October 28, a call to the child-abuse hotline reported that C....
RAYMOND R. ABRAMSON , Judge . Appellant Larichia Canada (Larichia) appeals from the circuit court's decision to award permanent custody of her three minor children, H.A., B.C., and M.C., to their respective grandparents and to close the case. On appeal, she argues that the decision was clearly erroneous. For the following reasons, we affirm. On February 13, 2015, the Arkansas Department of Human Services (DHS) filed a petition for emergency custody and dependency-neglect in regard to...
RITA W. GRUBER , Judge . Michael Burkett, Sr., appeals from the Benton County Circuit Court's order adjudicating his two children — M.B. (8/9/08) and A.B. (8/30/10) — dependent-neglected and terminating his parental rights. His sole argument on appeal is that the circuit court abused its discretion in denying his motion to stay the proceedings or, in the alternative, to seal his testimony. We hold that the circuit court did not abuse its discretion, and we affirm its order. Because...
KENNETH S. HIXSON , Judge . Appellant Guy Marie Trotty appeals from an order that adjudicated two minor girls, N.T., born on 07/24/2011, and A.B., born on 05/26/2010, dependent-neglected. On appeal, Ms. Trotty argues that there was insufficient evidence to support the adjudication and that the trial court's findings were based on speculation. We affirm. A dependent-neglected juvenile is one who is at substantial risk of serious harm as a result of acts or omissions to the juvenile, sibling,...
BART F. VIRDEN , Judge . After we dismissed an earlier appeal for lack of a final order, Jacobs v. Collison, 2015 Ark.App. 420, Ruth Jacobs again appeals the Washington County Circuit Court's dismissal of her complaint against appellee Derek Collison. We must once again dismiss the appeal for lack of a final order. The facts and procedural history are set out in our earlier opinion and need not be repeated here. On remand, Collison filed a notice that he was voluntarily dismissing his...
WAYMOND M. BROWN , Judge Appellant appeals from the circuit court's termination of his parental rights to G.E., born 9/12/14. On appeal, appellant argues that the circuit court erred in terminating his parental rights to G.E. because his rights were "nonexisting." We reverse. On September 26, 2014, appellee Arkansas Department of Human Services (DHS) filed a petition for emergency custody and dependency-neglect of G.E. due to her birth to an incarcerated mother. 1 Brandon Edgar was...
RAYMOND R. ABRAMSON , Judge . This appeal from a probate case arises out of the denial of two claims appellant CMS Investment Holdings, LLC (CMSIH) made against appellee the Estate of Robert M. Wilson, Jr. (Estate). The overarching questions presented in this appeal are whether CMSIH's claims were timely made and whether the circuit court erred by denying them. Finding no error, we affirm the circuit court's order denying CMSIH's claims. I. Background On August 3, 2012, Robert M. Wilson,...
LARRY D. VAUGHT , Judge . Appellants, Mountain Pure, LLC d/b/a Mountain Pure Water Company; Mountain Pure MS, LLC; MPAR, LLC; MPMS, LLC; Mountain Pure Holdings, LLC; and John B. Stacks, 1 appeal the Pulaski County Circuit Court's order denying their petition for contempt filed against appellee Clear Water Holdings, LLC, as successor in interest to Simmons First National Bank. We affirm. Appellants' petition for contempt arose out of a foreclosure action. Simmons First National Bank...
ROBERT J. GLADWIN , Chief Judge . In this termination-of-parental-rights case, Alyssa Ekberg and Jerry Ashmore appeal the Pulaski County Circuit Court's order filed April 8, 2016, terminating their parental rights to their two children, E.H. (born October 26, 2007) and H.A. (born December 18, 2013). 1 On appeal, the parents argue that there was insufficient evidence to (1) support the allegation of abuse at adjudication, (2) that termination was in the best interest of the children by...
DAVID M. GLOVER , Judge . The Lawrence County Circuit Court terminated Brandon Martin's parental rights to his three children, daughter B.D., born March 23, 2012, son J.M., born December 26, 2013, and daughter A.M., born November 7, 2014. 1 Brandon now appeals the termination, arguing that the circuit court erred in finding the Arkansas Department of Human Services (DHS) proved the grounds alleged in the termination petition by clear and convincing evidence, that the termination decision...
LARRY D. VAUGHT , Judge . Mike Geatches appeals the Crawford County Circuit Court's order terminating his parental rights to two minor children, C.S. and G.G. Previously, Mike's appellate counsel filed a motion to withdraw and a no-merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131 , 194 S.W.3d 739 (2004) ( Linker-Flores I ), while his wife Amy filed a merit brief challenging the circuit court's findings as to statutory grounds and best...
RITA W. GRUBER , Judge . Appellant, Addisen Entmeier, brings this appeal from an order of the Sebastian County Circuit Court granting appellees' motion for summary judgment in this case, which was brought under the Arkansas Whistle-Blower Act (the Act). Appellees are the City of Fort Smith; Kevin D. Lindsey (chief of the Fort Smith Police Department); and Alan Haney, Brandon Bird, Chris Harris, Dewey Young, Gerald Schaefer, and Chris Boyd, Sr. (all officers of the Fort Smith Police...
BART F. VIRDEN , Judge . This appeal follows the February 17, 2016 decision of the Workers' Compensation Commission (Commission) affirming the June 15, 2015 opinion of the Administrative Law Judge (ALJ) that Jerry Lynn Ezell sustained a compensable injury to his left big toe, that Ezell imparted notice to St. Jean Industries, Inc. (St. Jean), of his injury, and that Ezell proved by a preponderance of the evidence that he was entitled to temporary total-disability benefits from May 29, 2014...
