Arkansas Court of Appeals

The Arkansas Court of Appeals released opinions Wednesday. The court’s ruling and the names of the cases are reprinted here. The full opinions and other court proceedings, including per curiam decisions, orders and submissions, can be found on the internet at arcourts.gov.

PROCEEDINGS OF MARCH 15, 2023 CHIEF JUDGE BRANDON J. HARRISON

CR-22-245. Jamar Conic v. State of Arkansas, from Pulaski County Circuit Court, Eleventh Division. Reversed and remanded. Gladwin and Klappenbach, JJ., agree.

CR-22-489. Keonni Moehgenit Conway v. State of Arkansas, from Faulkner County Circuit Court. Affirmed; remanded to correct sentencing order. Barrett and Murphy, JJ., agree.

CV-21-565. Tempworks Management Services, Inc., and AmTrust North America v. Gary Jaynes, from the Arkansas Workers’ Compensation Commission. Affirmed. Virden and Thyer, JJ., agree.

JUDGE RITA W. GRUBER

CV-22-97. Matthew Mabe, Laura Mabe, and Harvest Construction General Contracting, Inc. v. Latco Construction, Inc., from Washington County Circuit Court. Affirmed. Virden and Brown, JJ., agree.

JUDGE RAYMOND R. ABRAMSON

CV-22-201. Anna Knesek v. Larry Knesek, from Crawford County Circuit Court. Reversed. Gladwin and Thyer, JJ., agree.

JUDGE ROBERT J. GLADWIN

CV-21-354. Anna Knesek v. Larry Knesek, from Crawford County Circuit Court. Affirmed. Abramson and Thyer, JJ., agree.

JUDGE BART F. VIRDEN

CR-22-539. Robert Lee Thurmon v. State of Arkansas, from Union County Circuit Court. Affirmed. Gruber and Brown, JJ., agree.

CV-21-551. Doyle Oscar Philmon v. Tonya Lynn Philmon, from Scott County Circuit Court. Affirmed as modified. Hixson and Murphy, JJ., agree.

JUDGE MARK KLAPPENBACH

CV-22-166. John Wesley Hall, Jr., and Alison Hall, Husband and Wife v. Arkansas State Highway Commission, from Cleburne County Circuit Court. Remanded for supplementation of the record. Wood and Hixson, JJ., agree.

E-22-85. Jeremy Gregory v. Director, Division of Workforce Services, from the Arkansas Board of Review. Affirmed in part; remanded in part. Wood and Hixson, JJ., agree.

JUDGE KENNETH S. HIXSON

CR-22-505. Larry Wilson Crain v. State of Arkansas, from Bradley County Circuit Court. Affirmed. Klappenbach and Wood, JJ., agree.

JUDGE MIKE MURPHY

CV-22-14. Ulanda Digby-Branch v. Westside Consolidated School District No. 5; and Scott J. Gauntt, Individually, and in His Capacity as Superintendent of the Westside Consolidated School District, from Craighead County Circuit Court, Western District. Affirmed in part; reversed and remanded in part. Virden and Hixson, JJ., agree.

CV-22-73. Lakewood Health and Rehabilitation Center; Central Arkansas Centers, Inc.; Nursing Centers, Inc.; Nursing Consultants, Inc.; and Michael Morton v. Lula Ashby, as Personal Representative of the Estate of Martha Weaver, and on Behalf of the Wrongful Death Beneficiaries of Martha Weaver, from Pulaski County Circuit Court, Twelfth Division. Affirmed. Virden and Hixson, JJ., agree.

JUDGE WAYMOND M. BROWN

CV-22-106. Madiha Shahid v. Asif Masood, from Pulaski County Circuit Court, Fourteenth Division. Motion to dismiss without prejudice granted. Virden and Gruber, JJ., agree.

E-22-82. Kizzie McDowell v. Director, Department of Workforce Services, from the Arkansas Board of Review. Reversed and remanded. Gruber and Virden, JJ., agree.

JUDGE STEPHANIE POTTER BARRETT

CV-21-412. Tracy Wilson v. Jeffery Wilson, from Benton County Circuit Court. Reversed and remanded. Harrison, C.J., and Murphy, J., agree.

CV-22-216. NP191, LLC v. Debra Branch, from Pulaski County Circuit Court, Fourth Division. Reversed and remanded. Abramson and Gruber, JJ., agree.

JUDGE CINDY GRACE THYER

CR-22-383. Dustin Foster v. State of Arkansas, from Crawford County Circuit Court. Affirmed. Abramson and Gladwin, JJ., agree.

CV-22-335. Shane Helms v. Arkansas Department of Human Services and Minor Child, from Pulaski County Circuit Court, Eighth Division. Affirmed. Virden, Gladwin, Klappenbach, and Gruber, JJ., agree. Harrison, C.J., and Barrett, Hixson, and Murphy, JJ., dissent.

JUDGE WENDY SCHOLTENS WOOD

CV-22-191. Faulkner-Progressive Eldercare Services, Inc., d/b/a Conway Healthcare and Rehabilitation Center, et al. v. Stephen Carson, as Special Administrator of the Estate of Robert Henry Carson, Deceased, and on Behalf of the WrongfulDeath Beneficiaries of Robert Henry Carson, Deceased, from Faulkner County Circuit Court. Affirmed. Klappenbach and Hixson, JJ., agree.