Arkansas Estoppel Law
ELLEN BROWN V. KAREN SHIPLEY
<center><font color="red"><h2><fontcolor="red> Little Rock, AR - Contempt lawyer represented defendant with appealing the denial of her motion to modify a contempt charge. </h2></font></b></i></font></center></center><br> <br> On January 3, 2020, Karen Shipley filed a complaint against Ellen Brown alleging that Brown had refused to honor their verbal agreement to sell Shipley her home and a porti... More...
$0 (05-29-2022 - AR)Samuel Scudder v. Dolgencorp. L.L.C., d/b/a Dollar General Store
After returning from military service in Afghanistan, Samuel Scudder brought<br> suit against Dolgencorp, LLC, doing business as Dollar General Stores (“Dollar<br> General”), alleging the company denied him reemployment as required under the<br> Uniformed Services Employment and Reemployment Rights Act of 1994<br> (“USERRA”), 38 U.S.C. §§ 4301-4335. Scudder appeals the district court’s... More...
$0 (08-17-2018 - AR)Randy Kinder Excavating, Inc. v. JA Manning Construction Company, Inc.
This construction dispute arises from a government contract to build a pumping<br> station for the purpose of managing water levels around parts of the lower White<br> River in Arkansas. As with many large-scale projects, this venture was plagued with<br> delays from its inception. These delays were caused by weather events, scheduling<br> conflicts, and other unforeseen conditions. The district c... More...
$0 (08-08-2018 - AR)Megan Moore v. Apple Central, LLC
This is an interlocutory appeal under 28 U.S.C. § 1292(b) of an order of the<br> district court1 dismissing plaintiff Megan Moore’s (“Moore”) state law claims against<br> defendant Apple Central, LLC (“Apple Central”), as preempted by the remedial<br> 1The Honorable P.K. Holmes, III, Chief Judge of the United States District<br> Court for the Western District of Arkansas.<br> provisions... More...
$0 (06-25-2018 - AR)JIM A. CARTER, JR., LOGGING, LLC, AND JAMES A. CARTER, JR. V. FIRST NATIONAL BANK OF CROSSETT <table> <td>
James A. Carter, Jr. (James), formed Jim A. Carter, Jr., Logging LLC (Carter <br> Logging), with James as its sole member. Carter Logging entered into two loan agreements <br> 1 This is the second time this case has been before us. We initially remanded it back to settle the record and ordered rebriefing. Jim A. Carter, Jr., Logging, LLC v. First Na... More...
$0 (06-02-2018 - AR)Aldridge Winfrey v. City of Forrest City, et al.
It is well-settled that the “plaintiff is the master of [his] complaint.” Holmes<br> Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002) (internal<br> quotation marks omitted). Here, plaintiff Aldridge Winfrey charges in his complaint<br> that he was terminated by the Forrest City, Arkansas Police Department<br> (“Department”) as “retaliat[ion] . . . for exercising... More...
$0 (02-18-2018 - AR)<b>United Food v. Wal-Mart Stores Inc.</b> <table> <td>
This case is a continuation of litigation that has been ongoing between these parties <br> both in Arkansas and across the nation. UFCW is a national labor organization. OUR <br> Walmart is a subsidiary of UFCW; it is an association of current and former Walmart <br> employees (“associates”) and their supporters whose purpose is, in part, to help associates on <br> issues related to their em... More...
$0 (11-17-2016 - AR)Quarles v. Courtyard Gardens Health and Rehabilitation LLC
The record reflects that Bennie Jean Quarles, the decedent, was a resident of <br> Courtyard Gardens, a long-term-care facility in Arkadelphia, from June 2009 to March <br> 2010, when she transferred to another nursing home. On June 4, 2010, Bennie Jean <br> purportedly executed a durable power of attorney in favor of her son, Kenny Quarles. On <br> January 27, 2011, Kenny, as “Power of Attor... More...
$0 (03-26-2016 - AR)Glenn Gunter v. Farmers Insurance Company
After a flood caused damage to their home, Glenn and Lisa Gunter filed claims under their Standard Flood Insurance Policy (SFIP) with Farmers Insurance Company Inc. and their supplemental policy with American Security Insurance Company. Farmers promptly paid the amount claimed in the Gunters' timely filed proof of loss.<br> <br> When their home was later condemned as uninhabitable, the Gunters sue... More...
$0 (11-21-2013 - AR)Thomas Schultz v. Butterball, LLC
The instant appeal involves a challenge to a wage-withholding order stemming from child-support arrearages. Appellant Thomas Schultz appeals the order of the Franklin County Circuit Court dismissing his complaint against Appellee Butterball, LLC, his employer, wherein Appellant sought to restrain Appellee from any further wage withholdings, as well as damages to compensate him for the wages alread... More...
$0 (04-19-2012 - AR)Teresa Bloodman v. Jefferson Hospital Association
This is a medical malpractice case. Appellant advances several arguments on appeal, but the only issue that we must address is whether the trial court erred in granting the appellee hospital's request to dismiss appellant's lawsuit based on charitable immunity in the absence of any evidence of the hospital's current qualifications for charitable-immunity status. We hold that the trial court did er... More...
$0 (12-07-2011 - AR)Terry Hooten v. Mobley Law Firm, P.A.
This appeal follows the March 2, 2011 order of the Pope County Circuit Court awarding appellees Mobley Law Firm, P.A. and Alfred Jefferson Mobley an attorney's fee in the amount of $20,555.55. Appellants Cordy Hooten, Randy Hooten, as well as appellant Terry Hooten, individually and as administrator of the estate of Sammy Hooten, argue that the circuit court erred (1) in finding that appellees' cl... More...
$0 (12-14-2011 - AR)Joe Smith v. David H. Arrington Oil & Gas
In this consolidated appeal, three sets of landowners assert claims against Arrington Oil & Gas, Inc. for breach of contract, promissory estoppel, and unjust enrichment relating to Arrington's failure to pay cash bonuses under oil and gas leases. The district court granted summary judgment 1 to the landowners on the breach of contract claims and thereafter dismissed the landowners' other claims wi... More...
$0 (01-05-2012 - AR)Southern Pioneer Life Insurance Company v. Danny Thomas
Appellant Southern Pioneer Life Insurance Co. ("Southern Pioneerâ€) appeals the<br> Greene County Circuit Court's denial of its motion to compel arbitration. An order denying<br> a motion to compel arbitration is an immediately appealable order. Ark. R. App. P.–2(a)(12)<br> (2011); Ark. Code Ann. § 16-108-201 (Repl. 2006); see IGF Ins. Co. v. Hat Creek P'ship, 349<br> Ark. 133, 76 S... More...
$0 (11-17-2011 - AR)Leroy Sanders v. Kohler Company
Appellants appeal from an order granting summary judgment to defendant Kohler Company (Kohler) on a claim arising under the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. § 2101, and dismissing without prejudice supplemental state law claims. The appellants alleged that Kohler hired them as temporary workers in the midst of a strike and then summarily dismissed them at ... More...
$0 (06-08-2011 - AR)Aaron Binkley v. Entergy Operations, Inc.
After Aaron Binkley brought this action for breach of contract and promissory estoppel against his former employer, Entergy Operations, Inc., the district court1 granted summary judgment against him on both claims. Mr. Binkley appeals the court's judgment against him on his promissory estoppel claim and we affirm.<br><br>I.<br><br>We view the evidence favorably to Mr. Binkley, the non-movant, as w... More...
$0 (04-26-2010 - AR)Patricia Dodson v. University of Arkansas
Appellant Patricia Dodson seeks control over the fate of eighteen cryogenically frozen embryos, which she created with her ex-husband through the In-Vitro Fertilization ("IVFâ€) Program at the University of Arkansas for Medical Sciences ("UAMSâ€). Dodson brought this action, alleging that UAMS's refusal to allow her control over the disposition of the embryos violates her constitutional ... More...
$0 (04-02-2010 - AR)McCourt Manufacturing Corp. v. Dave Rycroft
McCourt Manufacturing Corporation (the Corporation) appeals a judgment entered on a jury verdict in favor of Dave Rycroft, a former employee. The judgment awarded Rycroft $12,498.15 in unpaid commissions and a statutory penalty. The Corporation asserts that the jury verdict is not supported by substantial evidence and that the circuit court erred in submitting to the jury the question of whether a... More...
$0 (06-04-2009 - AR)B & B Hardware v. Hargis Industries
B&B Hardware ("B&Bâ€) appeals the district court's dismissal, on collateral estoppel grounds, of its trademark infringement action filed against Hargis Industries ("Hargisâ€). For the reasons explained herein, we reverse the dismissal and remand this matter to the district court for further consideration.<br><br>I.<br><br>In 1990, B&B began manufacturing and selling a fastener product un... More...
$0 (06-22-2009 - AR)La'Ronda Slaughter and Estate of Jerry Slaughter v. Capitol Supply Co., Inc., Sherwood Valve Company and Brenntag Mid-South, Inc.
La'Ronda Slaughter, individually and as the executor of the estate of Jerry Slaughter (La'Ronda), appeals an order of the Circuit Court of Calhoun County denying a motion for new trial. La'Ronda brought a personal injury and wrongful death case against appellees Capital Supply, Co., Inc. Sherwood Valve Company and Brenntag Mid-South, Inc., alleging that Jerry Slaughter suffered injury and death du... More...
$0 (04-23-2009 - AR)Wesley and Tina Seth v. St. Edward Mercy Medical Center
Wesley and Tina Seth appeal from an order of the Sebastian County Circuit Court granting St. Edward Mercy Medical Center's (St. Edward) motion for summary judgment on the basis of the charitable immunity doctrine. The Seths first argue that the trial court erred because St. Edward waived any claim of charitable immunity from suit or liability and that the principle of estoppel prevents application... More...
$0 (01-22-2009 - AR)Roger and Ruth Anderson d/b/a Anderson Auto Salvage v. BNSF Railway Company
This case requires the court to decide whether federal law preempts an order of the Arkansas State Highway Commission (Commission) forcing Burlington Northern Sante Fe Railway Company (BNSF) to reopen a private "at-grade†railroad crossing.1 We hold that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts the Commission's jurisdiction in this instance; therefore, we v... More...
$0 (01-30-2009 - AR)Powhatan Cemetery, Inc. v. Louis Colbert, et al.
Appellants, Powhatan Cemetery, Inc., and Darlene Moore, Evelyn Flippo, and Robert Flippo, incorporators of Powhatan Cemetery, Inc., appeal the Lawrence County Circuit Court's orders of November 8, 2007, which found in favor of appellees Lois Colbert, Carolyn Depriest, Cletis Smith, Charles Hall, Sr., Charles Hall, Jr., Brent Tipton and Maleta Tipton, who were each members of the Powhatan Cemetery ... More...
$0 (02-04-2009 - AR)A.G. "Bud" Martin Jr. v. Guy Bobo & Nellie bobo
Appellant A.G. "Bud†Martin, Jr., appeals from an order of the Hempstead County Circuit Court granting summary judgment to appellees Guy and Nellie Bobo and quieting title to certain lands in dispute in the Bobos. Appellant's sole argument on appeal is that the circuit court erred by quieting title in appellees because their claim to the disputed land was barred by the doctrine of res judica... More...
$0 (02-11-2009 - AR)Courtney Mitchell and Teresa Markin v. John Ramsey, Tri-State Delta Chemicals, Inc. d/b/a United Agri Products, Mid-South
Appellants Courtney L. Mitchell and Teresa Markin, individually and in their representative capacities as administrators of the estate of Tyson Massengill, appeal the August 13, 2007 order of the Crittenden County Circuit Court wherein the trial court granted the summary judgment motion of appellees John Ramsey and Tri-State Delta Chemicals, Inc., d/b/a United Agri Products, Mid-South (UAP). The t... More...
$0 (09-17-2008 - AR)Glenn Mechanical, Inc. v. South Arkansas Regional Health Center, Inc., et al.
Dirt work led to a dispute that became this case. Southeast Building Concepts was the general contractor for building South Arkansas Regional Health Center a new hospital in El Dorado. Glenn Mechanical was the second subcontractor to take on the dirt work. The circuit court held that the Southeast/Glenn contract, which Glenn drafted, governed the disputed work of undercutting for the hospital ... More...
$0 (03-05-2008 - AR)Advanced Environmental Recycling Technologies, Inc. v. Advanced Control Solutions, Inc.
This appeal arises from a complaint filed by Appellee/Crossappellant Advanced Control Solutions, Inc. ("ACS") against Appellant/Crossappellee Advanced Environmental Recycling Technologies, Inc. ("AERT") and Orin B. Justice. The complaint averred that AERT, a client of ACS, had hired Justice, a former employee of ACS, in violation of a covenant not to compete. The complaint alleged multiple c... More...
$0 (02-07-2008 - AR)<a href="http://courts.state.ar.us/opinions/2007a/20070301/06-743.pdf" target="_new">Elmer Cochran and Debbie Cochran v. Marshall Bentley and Cheryl Bentley</a>
<P>Appellants Debbie and Elmer Cochran appeal from the order of the circuit court granting appellees Cheryl and Marshall Bentley a mandatory injunction against the Cochrans, which directs the Cochrans to remove their recently constructed shop building within 120 days from the date of entry of the order. The Cochrans assert four points on appeal: (1) that the circuit court erred in finding that... More...
$0 (03-04-2007 - AR)<a href="http://www.ca8.uscourts.gov/opndir/05/06/041465P.pdf" target="_new">Prudential Ins. Co. v. HMO Partners</a>
<P>HMO Partners, Inc. ("HMOP") and Tyson Foods, Inc. ("Tyson") appeal the district court's order dissolving the permanent injunction it imposed following this Court's decision in Prudential Insurance Co. of America v. National Park Medical Center, Inc., 154 F.3d 812 (8th Cir. 1998) ("Prudential I"). For the reasons stated below, we affirm in part, reverse in part, and remand to the district co... More...
$0 (07-02-2005 - AR)<a href="http://courts.state.ar.us/opinions/2005a/20050224/04-1052.html" target="_new">Robert O'Marra v. Michael MacKool, et al.</a>
<P> Appellant, Robert O'Marra, brings this appeal from a ruling granting appellees' motion for summary judgment in Pulaski County Circuit Court. The circuit court denied his curtesy interest after his wife, Gail O'Marra, executed a quitclaim deed and an agreed court order in favor of her ex-husband, appellee Michael MacKool. We reverse and remand. <P> When Michael and Gail MacKool were divorced... More...
$0 (02-24-2005 - AR)<a href="http://www.ca8.uscourts.gov/opndir/05/01/031307P.pdf" target="_new">Phillip Ferrell, et al. v. West Bend Mutual Insurance Company</a>
<P> In 1999, Arkansas tomato growers Phillip and Tommy Ferrell and Clay and Donny Lowry ("the tomato growers" or "growers") purchased from Hi-Tech Film, Inc. ("Hi-Tech") a plastic film meant to prevent soil from splashing onto their plants and causing blight. The tomato growers rolled the film over their fields, but after the tomato plants were planted, the film began to deteriorate, leaving ... More...
$236315 (02-04-2005 - AR)<a href="http://www.ca8.uscourts.gov/opndir/05/01/031307P.pdf" target="_new">Phillip Ferrell v. West Bend Mutual</a>
<P> In these consolidated appeals, West Bend Mutual Insurance Company ("West Bend") appeals an adverse decision of the district court1 following a bench trial, and also challenges the court's imposition of attorney's fees and prejudgment interest. We affirm. <P>2 <P>I. <P>In 1999, Arkansas tomato growers Phillip and Tommy Ferrell and Clay and Donny Lowry ("the tomato growers" or "growers")... More...
$0 (01-04-2005 - AR)<a href="http://courts.state.ar.us/opinions/2004a/20040108/03-594.html " target"_new">Warren E. Dupwe v. Frank G. Wallace and First State Bank et al</a>.
Bankruptcy Trustee Warren E. Dupwe appeals a summary judgment finding that he is judicially estopped from pursuing the tort claims of Chapter 7 bankruptcy petitioners Barry L. and Deborah L. Nix. The trial court found that when the Nixes failed to list claims against First State Bank, and its employees ("First State") in their bankruptcy petition, any future suit on the claim was precluded by judi... More...
$0 (01-08-2004 - AR)<a href="http://courts.state.ar.us/opinions/2003b/20031120/03-261.html" target="_new">John Parker v. Jim Perry et al., Fort Smith School District, University of Arkansas at Fort Smith, City of Fort Smith</a>
<P>On March 19, 2002, appellant, John Parker, filed an illegal exaction suit in Sebastian County Circuit Court against appellees, Jim Perry, David Hudson, Frank Atkinson, and Marcy Porter, in their official capacities as assessor, county judge, collector and treasurer for Sebastian County, Fort Smith School District, Westark Community College, a/k/a University of Arkansas at Fort Smith, the City o... More...
$0 (11-26-2003 - AR)<a href="http://courts.state.ar.us/opinions/2003b/20031120/03-305.html" target="_new">Ralph Johnson and Nancy Johnson v. Encompass Insurance Company</a>
<P>Appellants Ralph and Nancy Johnson bring this appeal from an order granting summary judgment in favor of appellee Encompass Insurance Company. The underlying facts of the case are that on August 18, 2001, Dusty Johnson was involved in a motor vehicle accident while he was driving the Johnsons' vehicle. After the accident, the vehicle was totaled and valued at $6,700.00. The Johnsons made a clai... More...
$0 (11-26-2003 - AR)<a href="http://www.ca8.uscourts.gov/opndir/03/07/021601P.pdf" target="_new">Kendall Dodson v. J.C. Penney Life</a>
<P>Kendall, Dennis, Jerry and Loyal Dodson (Dodson children) appeal the district court's grant of summary judgment in favor of J.C. Penney Life Insurance Company (J.C. Penney Life) dismissing their claim for life insurance proceeds following the deaths of their parents, J.B. and Viola Dodson (Dodsons). On November 6, 2002, we filed an opinion reversing the district court's grant of summary j... More...
$0 (07-15-2003 - AR)<a href="http://courts.state.ar.us/opinions/2003a/20030417/02-602.html" target="_new">Scipio Johnson and Bessie Johnson v. Union Pacitic Railraod, et al.</a>
<P>This case arises from an accident in which a train collided with a truck near Tamo, Arkansas, on June 28, 1995. Appellant Scipio Johnson was a passenger in the truck and was seriously injured when he was thrown from the vehicle upon impact. He and his wife, Bessie Johnson, filed suit in the Jefferson County Circuit Court against Appellees Union Pacific Railroad, Bonds Fertilizer, Inc., and Bond... More...
$0 (04-18-2003 - AR)<a href="http://courts.state.ar.us/opinions/2003a/20030219/ca02-606.html" target"_new">Brown v. Johnson (Hart, J.)</a>.
Our issue here is whether the trial court properly interpreted a deed as excluding appellant, Doyle Brown, who is an adopted child, from the remainder interest created by the deed. The facts were stipulated by the parties. In 1945, Charley King and L.C. King, as husband and wife, conveyed certain land in Madison County to their daughter and son-in-law, Thelma Brown and Carl Brown. The deed's grant... More...
$0 (02-19-2003 - AR)<a href="http://courts.state.ar.us/opinions/2003a/20030220/02-866.html" target"_new">Reggie Chavers, Mark Chavers, and Chavers Welding & Construction v. EPSCO, Inc</a>.
<P>Appellants Reggie Chavers and Mark Chavers appeal a judgment entered against them by the Craighead County Circuit Court. Reggie and Mark argue that the trial court erred in holding them liable for a company debt based upon partnership by estoppel because the proof was vague and insufficient and there was no detrimental reliance on the part of a creditor. We hold that the trial court was not cle... More...
$88398 (02-20-2003 - AR)<a href="http://www.ca8.uscourts.gov/opndir/02/11/021601P.pdf" target="_new">Kendall Dodson v. J.C. Penney Life</a>
In February, 1998, the Dodsons purchased an accidental death and dismemberment insurance policy from J.C. Penney which provided a $100,000 death benefit in the event of J.B.'s death, and a $50,000 benefit in the event of Viola's death. The monthly premium was billed to the Dodsons' J.C. Penney charge card. In June, 1999, J.C. Penney solicited the Dodsons by mail offering to sell them additiona... More...
$0 (11-07-2002 - AR)