Arkansas Supreme Court

LITTLE ROCK — The Arkansas Supreme Court released opinions Thursday.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 courts. state.ar.us.

PROCEEDINGS OF NOV. 29, 2012

CHIEF JUSTICE JIM HANNAH 11-961. Frank B. Whitbeck; Firethorne,

LLC; Belle Meade, LLC; The

Gardens, LLC; Butterfield Gardens,

LLC; H.F.R., LLC; and Winrock

Grass Farm, Inc. v. Jay Bradford,

successor in interest to Mike

Pickens, Insurance Commissioner

for the State, and in his capacity as

receiver for Signature Life Insurance

Company of America, from Pulaski

Circuit, Third Division. Affirmed.

Brown, J., not participating.

JUSTICE DONALD L. CORBIN 05-501. Stark Ligon, as Executive

Director of the Arkansas Supreme

Court Committee on Professional

Conduct v. Fred D. Davis III,

Arkansas Bar No. 72033, an Original

Action. Petition for disbarment

denied; five-year prospective

suspension ordered.

11-1266. Kenneth Smith Jr., and

Geraldean Smith, as co-special

administrators of the estate of Mark

Anthony Smith v. Rebsamen Medical

Center, Inc., d/b/a North Metro

Medical Center; Richard Young,

M.D.; James Landry, M.D.; et al.,

from Pulaski Circuit, Sixth Division.

Reversed and remanded.

JUSTICE PAUL E. DANIELSON CR12-63. Kevin Kyle Crouse v. State,

from Crittenden Circuit. Affirmed;

Court of Appeals’ opinion vacated.

11-1289. Thomas W. Kimbrell,

Commissioner of the Arkansas

Department of Education, in his

official capacity only; the Arkansas

Department of Education; and

Martha Shoffner, Treasurer of the

State, in her official capacity only v.

Bob Allen McCleskey, individually

and as a representative of all

similarly situated taxpayers who

pay ad valorem school taxes for

the support of the Fountain Lake

School District; the Fountain Lake

School District; Rusty Windle,

individually and as a representative

of all similarly situated taxpayers

who pay ad valorem school taxes

for the support of the Eureka

Springs School District; and the

Eureka Springs School District,

from Pulaski Circuit, Sixth Division.

Affirmed on direct appeal; reversed

and remanded on cross-appeal.

Hannah, C.J., Brown, J., and Special

Justice George D. Ellis dissent.

Gunter, J., not participating.

JUSTICE KAREN R. BAKER CR12-441. James Stewart v. State, from

Pulaski Circuit, Fourth Division.

Affirmed.

12-336. City of Rockport, Arkansas v.

City of Malvern, Arkansas; Gene

Beason; Brenda Beason; Loy

Porterfield; and Joan Porterfield,

from Hot Spring Circuit. Affirmed.