ROBIN F. WYNNE, Judge. Joe Berry and Beulah Berry appeal from an order of the circuit court finding that appellees, Neal Moon and Anna Moon, established entitlement to an easement by prescription over their property and an order of the trial court dismissing their counterclaim for trespass. We reverse and dismiss the order granting appellees an easement. We reverse and remand the order denying appellants' counterclaim for trespass. The parties are neighbors in Crawford County. Appellees...
CLIFF HOOFMAN, Judge. Appellant Yolanda Anderson appeals from the order of the Pulaski County Circuit Court terminating her parental rights to her son, D.A. 1 Appellant's attorney has filed a no-merit brief and a motion to withdraw as counsel pursuant to Rule 6-9(i) of the Rules of the Arkansas Supreme Court and Court of Appeals and Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131 , 194 S.W.3d 739 (2004). The clerk of this court mailed a certified copy of counsel's...
CLIFF HOOFMAN, Judge. Appellant Stephanie Reichard appeals from the trial court's decision to terminate her parental rights to her five children, A.R., N.R., S.R., M.R., and B.R. On appeal, Reichard argues that there was insufficient evidence that termination was in the children's best interests and insufficient evidence of the statutory grounds for termination. We disagree and affirm. After B.R. was born on April 20, 2010, Reichard and B.R. both tested positive for amphetamines at the...
LARRY D. VAUGHT, Chief Judge. On May 16, 2011, the Baxter County Circuit Court entered a judgment terminating the parental rights of Amber Hancock Nespor and Justin Studdard to their child L.N., born January 1, 2010. Nespor challenges the judgment, arguing that it does not state grounds or any other statutory basis to uphold the termination. 1 We affirm. In January 2010, the Arkansas Department of Human Services (DHS) sought to take L.N. into emergency custody after it learned that Nespor...
RAYMOND R. ABRAMSON, Judge. Appellant Petrohawk Properties is the lessee on four oil-and-gas leases executed by appellees Isaac Heigle, Lance Heigle, Roy Heigle, and Claude Wallace (the Heigles). 1 The leases were signed in May 2005 and provided a primary term of five years with the possibility of extension if certain conditions were met. Shortly after the end of the five-year term, the Heigles sued Petrohawk, seeking a declaration that the leases had expired. Petrohawk responded that its...
CLIFF HOOFMAN, Judge. Appellants City of Bryant and Richard Penn ("the City") appeal from a jury verdict finding the City liable to the appellees, Edward and Quinn Collins, in the amount of $70,000. On appeal, the City argues that Penn did not have authority to enter into the alleged contract with the appellees and that the city council did not ratify the contract after the fact. We agree with the City and reverse the jury verdict against it. Edward and Quinn Collins filed a complaint against...
LARRY D. VAUGHT, Chief Judge. Melissa Landis-Maynard and Tommy Dale Niccum appeal from an order terminating their parental rights in their three-year-old son, T.N. Landis-Maynard's attorney has filed a no-merit brief and motion to withdraw, stating that there are no issues of arguable merit for appeal. Linker-Flores v. Ark. Dep't of Human Servs., 359 Ark. 131 , 194 S.W.3d 739 (2004); Ark. Sup.Ct. R. 6-9(i) (2011). Niccum, who is represented by separate counsel, seeks reversal on the...
LARRY D. VAUGHT, Chief Judge. In an order filed March 10, 2011, the Washington County Circuit Court terminated appellant Darrell Rhine's parental rights to his daughter, R.R. (born October 16, 2008). 1 Rhine appeals from the termination order, contending that the circuit court erred in finding that it was in the child's best interests to terminate his parental rights. We hold that the circuit court clearly erred in finding that termination of Rhine's parental rights was in his daughter's best...
CLIFF HOOFMAN, Judge. Appellant Loretta Threadgill appeals from the order of the Pulaski County Circuit Court terminating her parental rights to her three children, twelve-year-old C.N. and eleven-year-old twins, T.N.1 and T.N.2. On appeal, Threadgill argues that there was insufficient evidence presented to establish by clear and convincing evidence that termination was in her children's best interests. We affirm. This case first began on September 3, 2009, when the Arkansas Department of...
RAYMOND R. ABRAMSON, Judge. Sidney Phillippy brings this interlocutory appeal from an order of the Benton County Circuit Court refusing to compel arbitration of breach-of-contract claims that appellees ANB Financial Services, LLC, a/k/a Insurance Marketplace (appellants' former employer), and GL Holdings, LLC, filed against him. He and appellant Tina Dickey also argue that the circuit court erred in refusing to dissolve a temporary restraining order prohibiting them from contacting IM's former...
ROBERT J. GLADWIN, Judge. The issue before us is whether the trial court abused its discretion in setting aside its dismissal order pursuant to Arkansas Rule of Civil Procedure 60 (2010). We hold that, under a strict application of Rule 60, to set aside the order was an abuse of discretion and reverse the trial court's ruling. Appellees John and Tasha Sims filed a complaint for breach of contract against John Pinto and appellant Brandy Pinto in Saline County Circuit Court on November 5, 2008....
JOHN B. ROBBINS, Judge. Appellants Kenneth Hipp and Daniel Hipp brought a complaint against appellees Vernon L. Smith and Associates, Inc., and Chesapeake Exploration, Limited Partnership, alleging fraudulent inducement and violation of the Arkansas Deceptive Trade Practices Act with respect to mineral leases executed between the parties. 1 The primary term of the leases was for five years, with a renewal provision allowing the appellees to extend the leases for an additional five years. In...
DOUG MARTIN, Judge. Appellants Ronald and Meryl Worley appeal from the Craighead County Circuit Court's granting of summary judgment to appellees, Crye-Leike of Arkansas, Inc.; its agent, Joyce Isbell; and the seller, Mary Jo Drum. The Worleys argue that the trial court erred in granting summary judgment to appellees and further erred in its award of attorney's fees. The Worleys also assert that, if the trial court is reversed on its summary-judgment decision, the jury verdict against the City...
DOUG MARTIN, Judge. Appellant Melissa Kasinger appeals from the order of the Perry County Circuit Court denying her motion for summary judgment, granting appellee East End School District's motion for summary judgment, and upholding the District's decision not to renew Kasinger's teaching contract. We find no error and affirm. As both parties filed motions for summary judgment, the facts of this case are not in dispute. Kasinger was employed by appellee, the East End School District ("the...
RITA W. GRUBER, Judge. Appellants International Truck & Engine Corporation and its wholly owned subsidiary IC Corporation (collectively, International) bring this appeal from the order of the Faulkner County Circuit Court granting summary judgment to appellees Osmose Holdings, Inc., and Osmose, Inc. (collectively, Osmose), and Hoover Treated Wood Products, Inc., on the basis that International's claims were barred by the statute of limitations. On appeal, International argues that it did not...
ROBERT J. GLADWIN, Judge. The Benton County Circuit Court entered an order returning six-year-old G.V. to his father's residence in Iceland under the terms of the Hague Convention on the Civil Aspects of International Child Abduction ("the Hague"). We affirm the court's order. The child's mother, appellant Kolbrun Vela, is a resident of the United States and holds dual citizenship in the United States and Iceland. The father, appellee Isak Ragnarsson, is an Icelandic citizen and resident....
JOHN MAUZY PITTMAN, Judge. This appeal involves the admissibility of expert-witness testimony. Appellant Terry Richardson was employed by appellee Union Pacific Railroad Company and its predecessor as a brakeman, conductor, and hostler from 1971 until 2006, when he was diagnosed with a type of cancer known as multiple myeloma. He brought this action against appellee under the Federal Employers' Liability Act, 45 U.S.C. 51-60 (FELA), alleging that his exposure to diesel fuel, diesel exhaust,...
CLIFF HOOFMAN, Judge. Appellant William Phillips was convicted by a jury of second-degree murder and was sentenced to twenty years' imprisonment, with an additional eight years for the use of a firearm. On appeal, Phillips argues that there was insufficient evidence to show that he knowingly caused the death of the victim. We disagree and affirm the conviction. At trial, the following evidence was presented by the State. The victim, John Baugh, Jr., and Phillips were acquaintances. John Baugh,...
CLIFF HOOFMAN, Judge. Appellant Medic One appeals from the Workers' Compensation Commission's decision affirming the Administrative Law Judge's finding that Medic One is responsible for all reasonably necessary medical treatment subsequent to December 9, 2009. Appellants argue on appeal that the Commission's decision was based on an error of fact or evidence not in the record. We affirm. Appellee James Colbert worked as a paramedic for appellant Medic One. On March 15, 2009, Colbert fell...
ROBERT J. GLADWIN, Judge. On August 13, 2010, a Marion County jury convicted appellant Charles Halliday of sexual assault in the first degree and sexual indecency with a child, for which he was sentenced to twelve years' and three years' imprisonment, respectively, to be served consecutively in the Arkansas Department of Correction. On appeal, he challenges the sufficiency of the evidence supporting his two convictions. He also claims that the circuit court erred by submitting a jury...
