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First Service Bank v. Snowden - Subdivision Restriction Enforcement
The Arkansas Court of Appeals affirmed a permanent injunction preventing First Service Bank from using Lot 23 in Goodhaven Subdivision for commercial purposes. The court held that the bank's proposed use violated the subdivision's bills of assurance, which restrict lots to residential use, despite the Greenbrier City Council having approved rezoning. The Snowdens and Barbara Johnson Revocable Trust successfully enforced the 1969 subdivision restrictions.
Simshauser v. Simshauser - Protection Order and Contempt Appeal
Arkansas Court of Appeals affirmed the Garland County Circuit Court's order granting Michelle Simshauser's petition for an order of protection and motion for contempt against appellant Trenton Simshauser. The appellate court rejected Trent's arguments that there was insufficient evidence of domestic abuse and that he was wrongly denied a jury trial for criminal contempt.
Rachel Herndon v. Tyleek Matthews - Visitation Award Reversed for Lack of Paternity Adjudication
The Arkansas Court of Appeals reversed a trial court order that had awarded appellee Tyleek Matthews alternating-weekend visitation with Rachel Herndon's son, MC. The appellate court held that the trial court erred in awarding visitation where Tyleek's paternity had never been adjudicated. The order of protection remains in effect; only the visitation provision was reversed.
Lamiesha Toney v. State of Arkansas - Criminal Appeal
The Arkansas Court of Appeals affirmed Lamiesha Toney's conviction for second-degree murder and first-degree battery, rejecting her sufficiency-of-evidence challenge. Toney received a 20-year sentence for her role as accomplice in a shooting that killed Emmanuel Foster and injured Jason Anderson. The court found sufficient evidence that Toney acted as Deric Smith's accomplice.
Heather Scallion v. State of Arkansas - Criminal Appeal Affirmed
The Arkansas Court of Appeals affirmed Heather Scallion's convictions for first-degree murder, aggravated robbery, theft of property, and theft by receiving involving a firearm. Scallion challenged the sufficiency of the evidence and sentencing enhancements on appeal; the court found sufficient evidence and determined she failed to timely challenge the enhancements. Docket No. CR-25-84.
Patrick Hrdlichka v. Samantha Bengston - Civil Appeal Dismissed
The Arkansas Court of Appeals dismissed Patrick Hrdlichka's appeal in Hrdlichka v. Bengston (No. CV-25-106) due to fatal briefing deficiencies including submission of fictitious case citations. The lower court had awarded Bengtson $10,000 in compensatory damages plus $237.50 in costs under Arkansas Code Annotated section 16-118-107, a statute allowing crime victims to seek damages in civil actions.
Melissa Henry (Shoptaw) v. Shawn Henry - Visitation Modification
The Arkansas Court of Appeals affirmed the Saline County Circuit Court's order modifying visitation arrangements for Shawn Henry with the parties' minor child. The appellate court upheld the finding that sufficient changed circumstances existed to warrant modification without requiring a material change of circumstances standard. Appellant Melissa Henry's four arguments on appeal were all rejected.
Arter v. Pike - Boundary Dispute
Arkansas Court of Appeals affirmed the Searcy County Circuit Court ruling in favor of the Pike family, upholding their claim of boundary by acquiescence to a 5.42-acre tract. The court rejected Jerry Arter's appeal and counterclaim challenging the boundary and a quitclaim deed. This decision resolves a property boundary dispute between adjoining landowners in Searcy County.
Matthew Oseng v. Director, Division of Workforce Services - Unemployment Benefits Overpayment
The Arkansas Court of Appeals reversed and remanded a case involving Matthew Oseng, who was ordered to repay $2,464 in unemployment benefits he received but was later determined not entitled to. The court found the Arkansas Board of Review acted hastily and misstated the factual record developed during the Appeal Tribunal hearing. The case is remanded for further proceedings consistent with the opinion.
Sareminaeini v. Noem et al - Immigration Motion to Dismiss
U.S. District Court for the Northern District of California docketed a Motion to Dismiss filed by government officials including Secretary of Homeland Security Kristi Noem, Pamela Jo Bondi, Joseph B. Edlow, and Kash Patel in an immigration civil case. The motion challenges plaintiff Sareminaeini's claims in case 3:25-cv-09238-LJC.
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