Cullen & Co., PLLC

Appellate Decisions 2010 to Present

(updated 2/7/14)

Muccio v. Hunt

Supreme Court of Arkansas. January 30, 2014 Not Reported in S.W.3d 2014 Ark. 35

Members of bankrupt limited liability company (LLC) brought action against other members, the lawyers of members, and the managers of the LLC for fraud, breach of duty to disclose company information, conversion of membership interest, civil conspiracy, and breach of contract. The Circuit Court, WashingtonCounty, Mark Lindsay, J., granted defendants summary judgment on some claims and dismissed some claims. Members appealed. Holdings: The Supreme Court, Josephine Linker Hart, J., held that: 1(1) fraud claims were direct claims rather than derivative claims; 2(2) statutory right of members to access of true and full information of all things affecting the members pursuant to the Small Business Entity Tax Pass Through Act constituted an individual claim running to the individual members; 3(3) conversion claim brought by members was a direct claim rather than a derivative claim; 4(4) genuine issue of material fact existed as to whether manager of LLC made false…

…Barber, McCaskill, Jones & Hale, P.A., by: Robert L. Hen ry, III, and R. Kenny McCulloch; Davis, Clark, Butt, Carithers & Taylor, PLC, by: Constance G. Clark, William Jackson Butt, II, and Joshua D. McFadden; Shemin Law Firm, by: Kennerth R. Shemin; and Cullen & Co., PLLC, by: Tim J. Cullen, for appellees….

 
Mancabelli v. Gies

Court of Appeals of Arkansas. November 20, 2013 Not Reported in S.W.3d 2013 Ark. App. 685

Appellants Andrew and Alma Mancabelli appeal from three orders of the Washington County Circuit Court: (1) an order granting summary judgment to appellees Andre and Marci Gies; (2) an order denying appellants’ motion to set aside summary judgment and dismissing their counterclaim; and (3) an order quieting title in the disputed property in appellees. We dismiss the appeal for lack of a final order. Appellees filed a petition to quiet title against their neighbors, appellants, on February 7, 2012. Subsequently, appellees filed a motion for summary judgment against appellants. On July 13, 2012, the trial court granted the motion for summary judgment. The court granted appellees ten days to amend the pleadings to include any additional necessary parties to the quiet-title action. On July 23, 2012, appellants filed a counterclaim against appellees and a third-party complaint to quiet title against Linda Graham, individually and as trustee of the Taletta Merritt Revocable Living Trust…

…Cullen & Co., PLLC, by: Tim J. Cullen, for appellees….
 

Hall v. Hall

Supreme Court of Arkansas. September 19, 2013 — S.W.3d —- 2013 Ark. 330

 The trial court’s denial of wife’s motion to increase child support was not an abuse of discretion.
 
…Cullen & Co., PLLC, by: Tim J. Cullen, for appellant….

 
Mercy Health System of Northwest Arkansas v. McGraw

Court of Appeals of Arkansas. August 28, 2013 — S.W.3d —- 2013 Ark. App. 459

Issue of whether it was reasonable for physician to rely on hospital’s promise to “take care of” complaint was for the jury.

…Shemin Law Firm, PLLC, Fayetteville, by: Kenneth R. Shemin; and Cullen & Company, PLLC, by: Tim Cullen, for appellee….

 

Piaquadio v. American Legal Funding, LLC

United States Court of Appeals, Eighth Circuit. June 11, 2013 517 Fed.Appx. 527 2013 WL 2477093

American Legal Funding, LLC, and Alfund AZ1, LLC, appeal from the order of the District Court denying their motion to set aside the default judgment entered against them. After careful review of the record, we conclude that the District Court did not abuse its discretion in denying the motion. See Feeney v. AT & E, Inc., 472 F.3d 560, 563–64 (8th Cir.2006) (holding that the district court did not abuse its discretion in denying a motion to set aside a default judgment, notwithstanding the district court’s “truncated” analysis, and noting that the most important factor in the analysis is the “reason for delay”). We also grant Adam Piaquadio’s motion to strike the portions of appellants’ reply brief that raise arguments not raised in their opening brief. See Federal Trade Comm’n v. Neiswonger, 580 F.3d 769, 775 (8th Cir.2009). We affirm.

…Timothy James Cullen, Cullen & Company, Little Rock, AR, Matthew L. Lindsay, Odom Law Firm, Fayetteville, AR, for Plaintiff–Appellee….

 

Ivy v. Director, Dept. of Workforce Services

Court of Appeals of Arkansas. June 05, 2013 Not Reported in S.W.3d 2013 Ark. App. 381

Julie Ivy appeals from the Arkansas Board of Review’s denial of unemployment benefits after it found that appellant was discharged for misconduct. Ivy worked as a payroll clerk for eleven years, during which time she was responsible for, among other things, notification to insurance companies when an employee was laid off or terminated from employment. On January 7, 2012, Ivy was discharged for not informing the insurance carriers of employee separations dating back to July 2011. This caused her employer to pay premiums for employees who had not been employed for four or more months and also precluded COBRA notice to former employees. The Department of Workforce Services denied benefits, concluding that Ivy was discharged for misconduct in connection with her work. The Board of Review upheld that decision, and this appeal followed. Finding no error, we affirm. Appellant raises three points for reversal that all relate to the standard of review this court follows and will be…

…Cullen & Co., PLLC, by: Tim J. Cullen, for appellant….

 

Williams Tractor, Inc. v. ANB Venture, LLC

Court of Appeals of Arkansas. May 29, 2013 Not Reported in S.W.3d 2013 Ark. App. 35

Appellant Williams Tractor, Inc., appeals from the Benton County Circuit Court’s order finding that appellee ANB Venture, LLC, was entitled to possession of a 2002 New Holland excavator and $45,000 in detention damages. Williams Tractor raises three arguments on appeal: (1) the trial court erred in awarding supplemental damages, (2) the evidence does not support the damages awarded, and (3) the trial court erred in refusing to allow setoff for repairs and storage fees. We affirm. Kevin Higgins obtained a loan through ANB Financial, N.A., which was secured, in part, by collateral consisting of several pieces of construction equipment, including an excavator. Higgins later traded the excavator to Williams Tractor. Higgins then defaulted on the loan and filed for bankruptcy. ANB subsequently demanded possession of the excavator, but Williams Tractor refused to deliver it. ANB filed a complaint against Williams Tractor, seeking replevin and, alternatively, conversion. In its answer to…

…Cullen & Co., PLLC, by: Tim J. Cullen, for appellant….

 

B & B Hardware, Inc. v. Hargis Industries, Inc.

United States Court of Appeals, Eighth Circuit. May 01, 2013 716 F.3d 1020 2013 WL 1810614

Trademark Trial and Appeal Board (TTAB) opinion not entitled to preclusive effect.

…Timothy James Cullen, argued, Little Rock, AR, for appellant….

 

Petition for Writ of Certiorari to the U.S. Supreme Court is pending.

 

Derry Berrigan & Co. v. KBS Leasing, Inc.

Court of Appeals of Arkansas, Division III. March 27, 2013 Not Reported in S.W.3d 2013 Ark. App. 196

Derry Berrigan and Company and Don’s Home Theaters and Computers, divisions of DonSystems, Inc., and the principals of the firms, Deny Berrigan and Don Berrigan, (collectively, Berrigan), appeal from a judgment entered in favor of appellee KBS Leasing, Inc ., in the total amount of $1,320,004, together with costs and attorney’s fees. For reversal, Berrigan raises one issue contesting an evidentiary ruling made by the circuit court. Finding no error, we affirm. In June 2004, Berrigan contracted to design and install a whole-office control system for dentist Kurt Solera and his company, KBS, using technology and components from a company named Crestron. Berrigan also contracted to design a Lutron lighting system. A dispute arose in December 2004, when a KBS representative indicated that it would not pay for the work. Berrigan filed suit in April 2005, asserting that KBS refused to pay the full amount of its invoices in the sum of $125,397.16. The circuit court ultimately granted…

…Shemin Law Firm, PLLC, by Kenneth R. Shemin; and Cullen & Co., PLLC, by Tim J. Cullen, for appellants….

 

Foster v. Director, Dept. of Workforce Services

Court of Appeals of Arkansas. March 13, 2013 Not Reported in S.W.3d 2013 Ark. App. 190

Appellant appeals from the Arkansas Board of Review’s denial of unemployment benefits to her after it found that appellant quit her job due to an injury but without making reasonable efforts to preserve her job rights. We affirm. Near the end of a vacation in July 1010, appellant was involved in an automobile accident that left her injured. She consulted a physician regarding her injuries and was diagnosed with a torn rotator cuff, among other things. She tried to return to work for a short period of time, but found that sitting at the computer caused her further neck and back pain. Appellant’s doctor excused her from work indefinitely pending improvement of her injuries. Appellant filed for leave under the Family Medical Leave Act (FMLA) and her employer, All Around Landscaping, Inc., gave her 12 weeks of leave under FMLA for the period of August 4 to October 27, 2010. Appellant contacted JoLynn Steenbergen, the owner of All Around Landscaping, Inc., on October 21, 2010, and…

…Cullen & Co., PLLC, by: Tim J. Cullen, for appellant….

 

Green v. State

Court of Appeals of Arkansas. February 06, 2013 Not Reported in S.W.3d 2013 Ark. App. 63

The appellant was charged with failure to comply with registration and reporting requirements applicable to sex offenders and with residing within 2000 feet of a daycare facility as a level 4 sex offender, in violation of Ark.Code Ann. §§ 12–12–904 (Repl.2009) and 5–14–128 (Supp.2008), respectively. After a jury trial, appellant was found guilty of those offenses and sentenced to serve consecutive terms of imprisonment totaling forty-five years. On appeal, he argues that the evidence is insufficient to support the convictions and that the trial court erred in admitting into evidence during the sentencing phase of trial a Risk Assessment and Offender Profile Report. We affirm. In determining the sufficiency of the evidence to support a criminal conviction, the appellate court views the evidence in the light most favorable to the State, considering only that evidence that supports the verdict. Clayton v. State, 2011 Ark.App. 692. The test for…

…Cullen & Co., PLLC, by: Tim J. Cullen, for appellant….

 

Mercy Health System of Northwest Arkansas v. McGraw

Court of Appeals of Arkansas. January 30, 2013 Not Reported in S.W.3d 2013 Ark. App. 61

Mercy Health System of Northwest Arkansas brings this appeal from a judgment entered in favor of appellee Dr. Lisa McGraw in the sum of $350,000. We cannot reach the merits and must dismiss this appeal for lack of a final order. This appeal has its origin in a medical-negligence case filed against Dr. McGraw. After a default judgment in the amount of $500,000 was entered against Dr. McGraw in the underlying action, she filed suit against Mercy, alleging causes of action for negligence, promissory estoppel, violation of the deceptive trade practices act, breach of fiduciary duty, and indemnification. She also sought punitive damages. The basis for Dr. McGraw’s suit was her assertion that Mercy’s office manager and supervisor assumed the duty to respond to the complaint in the underlying action. Mercy answered, denying that it owed any duty to Dr. McGraw. Mercy filed a motion for summary judgment, alleging that, as a matter of law, Mercy did not owe Dr. McGraw any duty to handle the…

…Shemin Law Firm, PLLC, by: Kenneth R. Shemin; and Cullen & Company, PLLC, by: Tim Cullen, for appellee….

 

Varadan v. Pagnozzi

Court of Appeals of Arkansas. December 12, 2012 Not Reported in S.W.3d 2012 Ark. App. 700

Vasundara and Vijay Varadan appeal from the Washington County Circuit Court’s order granting summary judgment to appellee Tom Pagnozzi. They contend that the trial court erred in applying the statute of repose for construction defects to their claims regarding the house they purchased from appellee, rather than the statute of limitations for breach of warranty or the statute of limitations under the Arkansas Deceptive Trade Practices Act (DTPA). We affirm. In November 2004, the Varadans entered into a real-estate contract for the purchase of a house located at 1201 Sumersby Drive in Fayetteville, Arkansas, from Pagnozzi Properties LLC for $724,710 . The house was under construction at that time, and it was to be completed by February 22, 2005. The real-estate contract and the new construction addendum both included a one-year builder’s warranty, and Pagnozzi signed a one-year builder’s warranty on March 1, 2005, the date of closing. A warranty deed to the property was executed by…

…Cullen & Co., PLLC, by: Tim J. Cullen, for appellants….

 

Hall v. Hall

Supreme Court of Arkansas. November 15, 2012 Not Reported in S.W.3d 2012 Ark. 429

Voluntary partial payment of divorce judgment constituted voluntary acquiescence to judgment and waived right to appeal.

…Cullen & Co., PLLC, by: Tim J. Cullen, for appellant….

 

Muccio v. Hunt

Supreme Court of Arkansas. November 08, 2012 Not Reported in S.W.3d 2012 Ark. 416

The motions to dismiss appeal in this case come to this court upon our acceptance of certification from the Arkansas Court of Appeals. Appellees Mike Lax; Tommy Vaughan; Lax, Vaughan, Fortson, McKenzie & Rowe, P.A.; Michael Johnson; Amy Sorrell; Walter Smiley; Smiley Investment Company; Johnelle Hunt; Phil Phillips; David Schumacher; Trey Trumbo; J.B. Hunt, LLC; Johnelle Hunt, LLC; Phil and Judy Phillips Family Limited Partnership, LLLP; TCH Investments, LLC; Big Horn Lodge Financing, LLC; BioBased Holdings, LLC; Homestead Homes, LLC; and Next Generation Holdings, LLC, filed motions to dismiss appellants Tom Muccio, Mike Muccio, and Next Chapter Resources, LLC’s appeal. On August 5, 2011, the Washington County Circuit Court entered summary judgment in favor of appellees. On August 19, 2011, appellants filed a “MOTION TO RECONSIDER” seeking to “vacate” the judgment, pursuant to Arkansas Rule of Civil Procedure 59(b). That motion was denied by a September…

…Shemin Law Firm, PLLC, by: Kenneth R. Shemin; and Cullen & Co., PLLC, by: Tim J. Cullen, for separate appellees Johnelle Hunt; Phil Phillips; David Schumacher; Trey Trumbo; J.B. Hunt, LLC; Johnelle Hunt, LLC; Phil & Judy Phillips Family Limited Partnership, LLP; TCH Investments, LLC; Big Horn Lodge Financing, LLC; BioBased Holdings, LLC; Homestead Homes, LLC; and Next Generation Holdings, LLC….

 

U.S. v. Thompson

United States Court of Appeals, Eighth Circuit. August 28, 2012 690 F.3d 977 2012 WL 3657016

CRIMINAL JUSTICE – Electronic Surveillance. District court did not commit clear error in finding government’s wiretap application supported probable cause.

…Timothy Cullen, argued, Little Rock, AR, for appellant Ralph Deleo….

 

Welsher v. Mercy Health System of Northwest Arkansas, Inc.

Court of Appeals of Arkansas. June 20, 2012 Not Reported in S.W.3d 2012 Ark. App. 394

This is an appeal from an order granting summary judgment to appellee, Mercy Health System. Mercy Health System’s CEO recruited appellant, Dr. Welsher, to relocate from North Carolina to Northwest Arkansas to establish a cardiovascular surgery service at Mercy Health System. The parties entered into a written “Physician’s Agreement,” pursuant to which either party could terminate the agreement with or without cause after giving ninety days’ notice of intent to terminate. The parties simultaneously entered into a loan agreement whereby Mercy loaned Welsher $200,000, Welsher executed a promissory note in that amount providing for semi-monthly payments to Mercy, and Mercy agreed to forgive each payment due on the note so long as Welsher remained employed at Mercy. Almost two years later, Mercy gave Welsher notice that his employment would be terminated in ninety days pursuant to the terms of the Physician’s Agreement. Welsher sued Mercy, alleging that he suffered damage…

…Kenneth R. Shemin, Shemin Law Firm PLLC, Rogers, AR and Tim Cullen, Cullen & Co., PLLC, Little Rock, AR; Attorneys for Appellant….

 

Tyson Poultry, Inc. v. Narvaiz

Supreme Court of Arkansas. March 15, 2012 2012 Ark. 118 388 S.W.3d 16

 

Employer’s termination of claimant for misconduct was not refusal of suitable employment by claimant.

…Conrad Thomas Odom, Fayetteville, and Timothy James Cullen, Little Rock, for appellee….

 

Clayton v. State

Court of Appeals of Arkansas. March 07, 2012 Not Reported in S.W.3d 2012 Ark. App. 199

An ArkansasCounty jury found appellant Robert Preston Clayton guilty of rape and second-degree sexual assault involving his then-fourteen-year-old daughter S.C. Clayton was sentenced as a habitual offender to fifty years’ imprisonment for rape and thirty years for sexual assault, with those sentences running consecutively. Clayton argues that there is no substantial evidence to support his convictions and that the sentence he received is unconstitutional. We affirm. S.C.’s parents separated when she was six years old, and Clayton was awarded custody of S.C.S.C. described her relationship with Clayton as “close” until she reached puberty, at which time Clayton began touching her breasts and buttocks and “making perverted comments.” Clayton’s convictions stem from an incident recounted by S.C. that occurred in the summer when S.C. was fourteen years old. According to S.C., she was lying down on her side in her bedroom when Clayton came into her room and laid…

…Timothy James Cullen, for appellant….

…Timothy James Cullen, Little Rock, AR, for appellant….

 

Phillippy v. ANB Financial Services, LLC

Court of Appeals of Arkansas. October 26, 2011 2011 Ark. App. 639 386 S.W.3d 553

Former employees were not entitled to compel arbitration of former employer’s contract-based claims.

…Kenneth Robert Shemin, Fayetteville, Timothy James Cullen, Andrew Mikeal Taylor, Tasha C. Taylor, Little Rock, for appellant….

 

Fischer v. State

Court of Appeals of Arkansas. October 05, 2011 Not Reported in S.W.3d 2011 Ark. App. 580

Appellant was convicted of six counts of possessing child pornography and was sentenced to imprisonment for a term of sixty years. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Arkansas Supreme Court Rule 4–3(k), appellant’s counsel has filed a motion stating that there is no merit to the appeal and asking to be relieved as appellant’s attorney. The motion is accompanied by an abstract and addendum of the proceedings below, including all objections and motions decided adversely to appellant, and a brief in which counsel explains why there is nothing in the record that would support an appeal. The clerk of this court furnished appellant with a copy of his counsel’s brief and notified him of his right to file a pro se statement of points for reversal within thirty days. Appellant has filed several such statements, but all of his points are either adequately covered by counsel’s brief, not preserved for appeal, or state no legal ground…

…Timothy James Cullen, Little Rock, AR, for appellant….

 

Erwin v. Erwin

Court of Appeals of Arkansas. May 04, 2011 Not Reported in S.W.3d 2011 Ark. App. 337

 

In this appeal from the denial of Jennifer Erwin’s motion to relocate with her children, Jon Erwin has filed this motion to dismiss for failure to file a timely notice of appeal. We agree, though not for the reasons stated in Mr. Erwin’s motion. Therefore, we dismiss. In March 2010, Ms. Erwin filed a motion to move to Florida. The court denied the motion by letter opinion on July 2 and by order entered July 16. (The court entered an identical order on July 22, but we find this order to be of no consequence.) Ms. Erwin filed a motion for reconsideration on July 20. The circuit court entered an order denying this motion on August 24, and Ms. Erwin filed her notice of appeal on September 22. A timely notice of appeal is essential to this court obtaining jurisdiction. Our rules of appellate procedure generally require that a notice of appeal be filed no less than thirty days from the entry of judgment. But if a party files a motion to vacate, alter, or amend the judgment within ten…

…Timothy James Cullen, Little Rock, AR, for appellant….

 

Camp v. State

Supreme Court of Arkansas. April 14, 2011 2011 Ark. 155 381 S.W.3d 11

Accomplice testimony was sufficiently corroborated so as to support first-degree murder conviction.

…Cullen & Co., PLLC, by: Tim Cullen, Little Rock, for appellant….

 

Fischer v. State

Court of Appeals of Arkansas. April 13, 2011 Not Reported in S.W.3d 2011 Ark. App. 270

Appellant was convicted of six counts of possessing child pornography and sentenced to imprisonment for a term of sixty years. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Rule 4–3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant’s counsel has filed a motion to withdraw on the ground that this appeal is wholly without merit. Rule 4–3(k)(1) requires this motion to be accompanied by a brief which contains an argument section that lists all rulings adverse to the appellant made by the trial court with an explanation as to why each adverse ruling is not a meritorious ground for reversal. We deny the motion at this time and order rebriefing because counsel has not fulfilled his obligations under the rule. Counsel for appellant stated that there were two rulings adverse to appellant: the ruling that appellant knowingly and intelligently waived his Miranda rights despite his state of intoxication, and…

…Tim Cullen, Cullen & Co., PLLC, Little Rock, AR, Court Appointed Attorney for the Appellant….

 

Stenhouse v. Hobbs

United States Court of Appeals, Eighth Circuit. February 07, 2011 631 F.3d 888 2011 WL 350433

Fact that African-American juror knew defense counsel through church was a race neutral reason for striking juror.

…Andrew Mikeal Taylor, argued, Timothy J. Cullen, on the brief, Little Rock, AR, for appellant….

 

Hanshaw v. Blair

Court of Appeals of Arkansas. January 19, 2011 Not Reported in S.W.3d 2011 Ark. App. 30

The parties were married for twelve years, during which time they had two sons and a daughter. They separated in October 2003 and were divorced in April 2004 by a decree granting custody of the children to appellant. Appellee subsequently filed a petition for a change of custody based on appellant’s post-decree romantic relationship with and pregnancy by a married man with whom she was having a relationship prior to the parties’ divorce. The trial court granted the motion, awarding custody of the children to appellee. We reversed this order on appeal, holding that, because appellant’s relationship with this man was known to the trial court and predated the divorce decree, these factors did not constitute a material change of circumstances since entry of the initial decree that would support modification of the child-custody order. Blair v. Blair, 95 Ark.App. 242, 235 S.W.3d 916 (2006). Subsequently, in June 2007, the parties agreed to an order granting custody of their eldest son…

…Timothy James Cullen, Cullen & Co., PLLC, Little Rock, Attorney for Appellant….

 

Gunn v. Farmers Ins. Exchange

Supreme Court of Arkansas. November 11, 2010 2010 Ark. 434 372 S.W.3d 346

Insurance agent was not a franchisee.

…Lundy, Lundy, Soileau & South, L.L.P., by: Jason M. Hatfield, Fayetteville, and Cullen & Co., PLLC, by: Tim Cullen, Tasha C. Taylor, and Andrew M. Taylor, Little Rock, for appellant….

 

Bio-Tech Pharmacal, Inc. v. Blouin

Court of Appeals of Arkansas. October 27, 2010 2010 Ark. App. 714 379 S.W.3d 594

Evidence was sufficient to support 7% permanent-partial-impairment rating for back pain.

…Conrad Thomas Odom, Odom Law Firm, Fayetteville, Timothy James Cullen, Cullen & Company, PLLC, Little Rock, for appellee….

 

McCourt v. Triplett

Court of Appeals of Arkansas. September 01, 2010 Not Reported in S.W.3d 2010 Ark. App. 567

Appellants, Charles and Julia McCourt, and appellee, Jacqueline Triplett, are creditors of McCourt Manufacturing Company (MMC). In circuit court, they asserted competing claims to $57,099.76 held in MMC’s two bank accounts. The circuit judge awarded $37,099.76 to Triplett, as a judgment creditor, and $20,000 to the McCourts, as secured creditors, after attempting to apply a tracing method known as the lowest-intermediate-balance rule. Both sides appeal, each seeking all of the money in both accounts. For the reasons explained below, we reverse the court’s order and remand with instructions to award the entire $57,099.76 to Triplett. On May 11, 2006, Triplett obtained a judgment against MMC in the state of Iowa for more than $500,000. She registered the judgment in Arkansas on March 4, 2008. Approximately one year later, she served a writ of garnishment on First National Bank of Fort Smith, where MMC had a checking account containing $51,454.76, and a savings account containing…

…James Douglas Gramling, Estes, Gramling & Estes, PLC, Fayetteville, AR, Timothy James Cullen, Andrew Mikeal Taylor and Tasha C. Taylor, Cullen & Co., PLLC, Little Rock, AR, for Appellee….

 

Ray v. American Airlines, Inc.

United States Court of Appeals, Eighth Circuit. July 02, 2010 609 F.3d 917 2010 WL 2630442

Airline passenger presented insufficient facts to show airline acted without legal authority as required for false imprisonment claim.

…Timothy James Cullen, argued, Little Rock, AR, Tasha C. Taylor, Andrew M. Taylor, Little Rock, AR, and Paul Hudson, Sarasota, FL, on the brief, for appellant….

 

Mainerich v. Wilson

Court of Appeals of Arkansas. April 14, 2010 2010 Ark. App. 325 373 S.W.3d 923

Presumptively correct chart amount for child support was the amount for one child, absent showing adult daughter was legally dependent.

…Timothy James Cullen, Tasha Taylor, Andy Taylor, Cullen & Co., PLLC, Little Rock, for Appellant….

 

Clark v. Johnson Regional Medical Center

Supreme Court of Arkansas. March 11, 2010 2010 Ark. 115 362 S.W.3d 311

 

Statute governing venue in medical-malpractice actions did not violate separation-of-powers clause.

…Odom Law Firm, P.A., by: Bobby Lee Odom, Fayetteville, Russell B. Winburn, and Matthew L. Lindsay, and Cullen & Co., PLLC, by: Tim Cullen and Tasha Taylor, Little Rock, for appellant….

 

Clark v. Johnson

Supreme Court of Arkansas. March 11, 2010 Not Reported in S.W.3d 2010 Ark. 114

Mary Clark appeals an order of the Johnson County Circuit Court dismissing her medical-malpractice claims against Appellees Sparks Regional Medical Center, Jennifer Davenport, Karen Jack, Dr. Arthur Johnson, and Orthopaedics, P.A. d/b/a River Valley Musculoskeletal Center for lack of proper venue, pursuant to Arkansas Code Annotated section 16–55–213(e) (Repl.2005). The circuit court granted Appellees’ motion to dismiss under Arkansas Rule of Civil Procedure 12(b)(3). This case concerns an alleged indivisible medical injury suffered as a consequence of multiple acts of medical malpractice committed by various defendants in both JohnsonCounty and SebastianCounty. Clark filed simultaneous medical-malpractice actions in both counties, and based on section 16–55–213(e), each circuit court dismissed the defendants who were accused of committing medical malpractice in the other county. Clark has appealed from both orders, and the appeal from the decision in…

…Timothy James Cullen, Tasha Chloe Sossamon Taylor, Little Rock, AR, Bobby Lee Odom, Russell B. Winburn, Matthew L. Lindsay, Fayetteville, AR, Counsel for Appellant….

 

Harris v. State

Court of Appeals of Arkansas. February 11, 2010 Not Reported in S.W.3d 2010 Ark. App. 123

Substantial evidence supported defendant’s conviction for possession of contraband drugs.

…Timothy James Cullen, Cullen & Co., PLLC, Little Rock, AR, Donald E. Warren, Sr., Warren Law Firm, Pine Bluff, AR, Counsel for Appellant….

 

U.S. v. King

United States Court of Appeals, Eighth Circuit. January 19, 2010 360 Fed.Appx. 714 2010 WL 165144

The district court correctly calculated defendant’s sentencing guidelines range based on his career-offender level.

…Timothy James Cullen, Cullen & Company, Little Rock, AR, for Appellant….

 

 

   

 *****

Cullen & Co., PLLC

Appellate Decisions 2000—2010

 

Brief and Oral Argument for Appellant, Pichoff v. QHG of Springdale, Inc., — F.3d — (8th Cir. Feb. 26, 2009) (No. 08-1848) (Affirming district court dismissal of claim for life insurance benefits based on ERISA limitations on “other appropriate equitable relief”) (Cert. denied).

 

Brief for Appellant (CJA Appointment by 8th Cir.), U.S. v. Wynn, 553 F.3d 1114 (8th Cir. Feb. 2, 2009) (Nos. 07-3001, 08-1023) consolidated appeal from United States District Court for the Eastern District of Arkansas (Affirming district court’s rulings concerning defendant’s revocation of probation).

 

Abstract, Brief and Addendum for Appellant, Chavis v. Brackenbury, — Ark. —, — S.W.3d —, 2009 WL 223131 (Jan. 30, 2009) (No. 08-473) appeal from Pulaski County Circuit Court (Affirming trial court’s decision to dismiss appeal because argument made for the first time in a motion to reconsider was untimely).

 

Brief and Oral Argument for Appellant (Appointed by 8th Cir.), Singson v. Norris, 555 F.3d 660 (8th Cir. Jan. 27, 2009) (No. 08-1570) appeal from United States District Court for the Eastern District of Arkansas (Affirming district court’s ruling that the policy of the Arkansas Department of Corrections did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA)).

 

^Abstract, Brief, and Addendum for Appellant (Appointed by Arkansas Supreme Court),Wedgeworth v. State, 374 Ark. 373, — S.W.3d —, 2008 WL 4482241 (Oct. 2, 2008) (Rehearing Denied, Nov. 6, 2008) (No. CR 07-1042) appeal from Union County Circuit Court (Reversing and Remanding capital murder conviction due to circuit court’s error in permitting the admission at trial of Appellant’s taped custodial statement that was obtained in violation of Appellant’s Fifth Amendment right to counsel).

 

^Abstract, Brief, Addendum, Reply Brief, and Oral Argument for Appellant, Alpharma v. Green, 374 Ark. 146, — S.W.3d — (Sept. 4, 2008) (No. 07-382) appeal from Washington County Circuit Court (Reversing trial court’s decision to grant summary judgment to certain defendants).

 

Abstract, Brief, Addendum, Reply Brief, and Oral Argument for Appellant, Williamson v. Williamson, 2008 WL 4006711 (Aug. 27, 2008) (No. CA07-1172) appeal from Benton County Circuit Court (Affirming trial court’s decision granting custody to Appellee).

 

^^Brief, Supplemental Addendum, and Oral Argument for Appellee; Brief for Respondent in Opposition to Petition for Writ of Certiorari General Motors Corp. v. Bryant, 374 Ark. 38, — S.W.3d — (June 19, 2008) (No. 07-437) appeal from Miller County Circuit Court (Affirming trial court’s decision to certify class in a nationwide class action); certiorari denied by General Motors Corp. v. Bryant, 129 S.Ct. 901 (U.S. Jan. 12, 2009) (No. 08-349).

 

Abstract, Brief, Addendum, and Petition for Review for Appellant, Hite v. J&J Trucking, Not Designated for Publication, 2008 WL 2444810 (June 18, 2008) (No. CA08-137) appeal from Workers’ Compensation Commission (Affirming Worker’s Compensation Commission’s finding that Appellant’s employer was not a subcontractor of Tyson’s Foods) (Petition for Review by Ark. S. Ct. denied).

 

Brief and Oral Argument for Appellant, Greika v. U.S., 281 Fed.Appx. 631 (8th Cir. June 13, 2008) (No. 07-3013) appeal from United States District Court for the Eastern District of Arkansas (Affirming district court’s ruling denying relief to Appellant under the Federal Tort Claims Act (FTCA)).

 

Abstract, Brief, Addendum, and Reply Brief for Appellant, Chandler v. Chandler, Not Designated for Publication, 2008 WL 2192809 (May 28, 2008) appeal from Benton County Circuit Court (Affirming trial court’s decision granting custody to Appellee).

 

^Abstract, Brief, Addendum, Reply Brief, and Oral Argument for Appellant, Downum v. Downum, 101 Ark. App. 243, — S.W.3d — (Feb. 6, 2008) appeal from Benton County Circuit Court (Reversing trial court’s decision to vacate award of custody of parties’ child to Appellant).

 

Abstract, Brief, Addendum, Reply Brief, and Oral Argument for Appellant (Appointed by Arkansas Supreme Court), Tavron v. State, 372 Ark. 229, — S.W.3d —, 2008 WL 253050 (Jan. 31, 2008) (No. CR 07-153) appeal from Pulaski County Circuit Court (Affirming conviction of capital murder).

 

Abstract, Brief, Addendum, and Oral Argument for Appellant, Waldrip v. Graco, 101 Ark. App. 101, 270 S.W.3d 891 (Jan. 9, 2008) (No. CA 07-345) appeal from Workers’ Compensation Commission (Affirming Workers’ Compensation Commission’s decision that Appellant failed to meet burden of proving by a preponderance of the evidence that marijuana did not substantially occasion his injury)

 

Abstract, Brief and Addendum for Appellant (Appointed by Arkansas Supreme Court), Patterson v. State, Not Designated for Publication, 2007 WL 4181567 (Nov. 28, 2007) (No. CACR 07-186) appeal from Lincoln County Circuit Court (Affirming convictions by jury trial of aggravated robbery, first-degree battery, residential burglary, aggravated assault, and theft of property).

 

Brief and Oral Argument for Appellant (CJA Appointment by 8th Cir.), U.S. v. House, 501 F.3d 928 (8th Cir. Aug. 21, 2007) (Oral Argument May 15, 2007) (No. 06-3369) appeal from United States District Court for the Eastern District of Arkansas (Affirming revocation of Appellant’s supervised release).

 

Brief for Appellant (CJA Appointment by 8th Cir.), U.S. v. Banks, 494 F.3d 681 (8th Cir. July 18, 2007) (No. 06-2957) appeal from United States District Court for the Eastern District of Arkansas (Affirming Appellant’s convictions based on drug-related charges).

 

Brief for Appellant, Meyers v. Hartford Life and Accident Insurance Co., 489 F.3d 348 (8th Cir. July 6, 2007) (No. 06-4012) appeal from United States District Court for the Eastern District of Arkansas (Affirming district court’s decision that under ERISA, administrator did not abuse its discretion in denying claim for benefits).

 

^Brief and Addendum for Appellee, France v. France, Not Designated for Publication, 2007 WL 1492915 (May 22, 2007) (No. CA 06-663) appeal from Benton County Circuit Court (Affirming trial court’s division of marital property and holding that trial court did not abuse its discretion by valuing marital property according to purchase price, and by ordering husband possession of marital residence and sale of property.)

 

Brief and Oral Argument for Appellant (CJA Appointment by 8th Cir.), D’Andrea v. U.S.A., 473 F.3d 859 (8th Cir. Jan. 10, 2007) (Affirming district court conviction and holding that extraordinary upward sentencing departure was not unreasonable under the circumstances.)

 

Brief for Appellant, Williams v. Norris, 207 Fed.Appx. 741 (8th Cir. Dec. 5, 2006) (Affirming district court dismissal of defendant’s petition for writ of habeas corpus as procedurally barred.)

 

Abstract, Brief, and Addendum for Appellant, Perry v. Baptist, 368 Ark. 114, 243 S.W.3d 310 (Nov. 16, 2006) appeal from Pulaski County Circuit Court (Affirming, as first-impression issue, trial court’s award of $65,000.00 in attorney fees to Defendant/Counter-Plaintiff as the “prevailing party,” where the jury returned a $0 verdict on both the Plaintiff’s and the Defendant/Counter-Plaintiff’s claims.)

 

Abstract, Brief, and Addendum for Appellant, Williams v. State, Not Designated for Publication, 2006 WL 3222683 (Nov. 8, 2006) (No. CACR 05-223) appeal from Miller County Circuit Court (Affirming conviction of possession of a controlled substance with intent to deliver and finding that a “very very faint odor” of marijuana was sufficient reasonable suspicion to detain and search the defendant driver past the legitimate purpose of the initial traffic stop.)

 

Abstract, Brief, and Addendum for Appellant, Holt v. Terracon, Not Designated for Publication, 2006 WL 3086174 (Nov. 1, 2006) (No. CA 06-408) appeal from Workers’ Compensation Commission (Affirming appeal from Arkansas Workers Compensation Commission’s denial of benefits).

 

^Brief and Addendum for Appellee, LaCotts v. Reynolds, Not Designated for Publication, 2006 WL 2821548 (Oct. 4, 2006) (No. CA 06-292) (Affirming Circuit Court’s holding that probated will was not ambiguous and finding that the court’s construction of the will was not clearly erroneous, nor barred by the doctrine of res judicata.)

 

^Reply Brief for Appellant, U.S. v. Holmes, 192 Fed.Appx. 583 (8th Cir. Aug. 23, 2006) (Vacating Defendant’s sentence and remanding to district court for allocution and resentencing.  Court held that Defendant was denied the fundamental right to allocution before sentencing.)

 

^Abstract, Brief and Addendum for Appellant, Blair v. Blair, 95 Ark. App. 242, 235 S.W.3d 916 (May 17, 2006) (No. CA 05-1024) (Reversing trial court’s change of custody order as an abuse of discretion and as a violation of Hollandsworth v. Knyzewski.)

 

^Abstract, Brief, and Addendum for Appellant, Hackelton v. Malloy, 364 Ark. 469, 221 S.W.3d 353 (Jan. 5, 2006) (No. 04-358) appeal from Monroe County Circuit Court (Reversing trial court’s grant of summary judgment in wrongful death case on first impression issue, holding that an amended complaint filed after an administrator’s appointment but before the expiration of the statute of limitations is timely).

 

Abstract, Brief, and Addendum for Appellant, Johnson v. State, 363 Ark. 463, 215 S.W.3d 668 (Oct. 13, 2005) (No. CR 05-45) appeal from Sebastian County Circuit Court (Affirming conviction and upholding trial court’s denial of motion to suppress certain items in appeal after remand and entry of conditional plea in second degree murder case).

 

^Abstract, Brief and Addendum for Appellant, Hunt v. State, 92 Ark. App. 342, 213 S.W.3d 667 (Sept. 21, 2005) (No. CA 05-178) appeal from Sharp County Circuit Court (Reversing trial court’s determination of delinquency of a juvenile for the crime of harassment on the basis that substantial evidence did not exist to prove that appellant committed harassment).

 

^Abstract, Brief, and Addendum for Appellant, Mason v. State, 361 Ark., 206 S.W.3d 869 (April 14, 2005) (No. CR 03-1100) appeal from Pulaski County Circuit Court (Reversing and remanding conviction of battery in the first degree by means of a firearm, and detailed discussion of current collateral estoppel law in Arkansas; affirming conviction of first degree terroristic threatening).

 

Abstract, Brief, and Addendum for Appellant, Hall v. State, 361 Ark. 379, 206 S.W.3d 830 (April 14, 2005) (No. CR 04-1007) appeal from Pulaski County Circuit Court (Affirming conviction for capital felony murder and discussing sufficiency of corroboration of out-of-court confession of predicate felony).

 

^Abstract, Brief, and Addendum for Appellants, Duffield v. Duffield, Not Designated for Publication, 2005 WL 605614 (March 16, 2005) (No. CA 04-796) appeal from Benton County Circuit Court (Reversing and remanding trial court’s application of the parol evidence rule as an abuse of discretion).

 

Brief and Oral Argument for Appellant, Franklin v. Busby, 121 Fed.Appx. 167 (8th Cir. Jan. 24, 2005) (No. 03-2681) (Dismissing appeal from the denial of writ of habeas corpus due to pro se prisoner’s failure to file notice of appeal from denial of writ within proper time, despite prisoner’s lack of counsel at any stage in the proceedings).

 

Abstract, Brief, and Addendum for Appellant, Archer v. State, Not Designated for Publication, 2004 WL 2457864 (Nov. 3, 2004) (No. CACR 04-152) appeal from Sebastian County Circuit Court (Affirming revocation of Defendant’s probation for failure to pay fines and committing an alleged offense).

 

^Oral Argument for Appellant (CJA Appointment by 8th Cir.), Elwood v. Jeter, 386 F.3d 842 (8th Cir. Oct. 18, 2004) (No. 04-2253)

 

Abstract, Brief, and Addendum for Appellant, Roach v. PPG, et al., Not Designated for Publication, 2004 WL 2239806 (Oct. 6, 2004) (No. CA 03-654) appeal from Washington County Circuit Court (Affirming jury’s verdict in a products liability case).

 

^Brief for Appellee, Cracker Barrel v. Lassiter, 87 Ark. App. 286, 190 S.W.3d 911 (Sept. 8, 2004) (No. CA 04-161) (Upholding the decisions of the Administrative Law Judge and the Workers Compensation Commission finding that the Appellee was not a “piece worker” and was entitled to an adjustment in compensation).

 

Supplemental Brief and Addendum for Appellant on Review by Arkansas Supreme Court,Castaneda v. Progressive Classic Insurance Company, 357 Ark. 345, 166 S.W.3d 556 (May 6, 2004) (No. 03-1258) appeal from Benton County Circuit Court (Holding that a signed named-driver exclusion is adequate under the Arkansas Uninsured Motorist Act to exclude a policyholders’ own uninsured motorist coverage while riding with an excluded driver).

 

^Abstract, Brief, Addendum, and Oral Argument for Appellant, Johnson v. State, 363 Ark. 463, 215 S.W.3d 668 (April 22, 2004) (No. CR 05-45) (Oral Argument February 26, 2004) appeal from Sebastian County Circuit Court (Reversing and remanding for new trial second-degree murder conviction on basis of illegal knock-and-talk search and trial court’s failure to suppress evidence thereof; also condemning and prohibiting use of dual jury procedure until such time as rules are in place as to protect a defendant’s right to jury trial).

 

Abstract, Brief, Addendum, and Petition for Rehearing for Appellant, Herzog v. Glover, Not Designated for Publication, 2004 WL 848281 (April 21, 2004) (Rehearing Denied) (No. CA 02-796) appeal from Jefferson County Circuit Court (Affirming trial court’s refusal to grant continuance or new trial in action to enforce a promissory note).

 

Abstract, Brief and Addendum for Appellant, Hall v. Summit Contractors, Inc., 356 Ark. 609, 158 S.W.3d 185 (Apr. 8, 2004) (No. 03-709) appeal from Pulaski County Circuit Court (Affirming the trial court’s dismissal on statute of limitations in a choice-of-laws situation).

 

Brief for Appellee, State Farm v. Henderson, 356 Ark. 335, 150 S.W.3d 276 (March 4, 2004) (No. 03-740) appeal from Columbia County Circuit Court (Reversing trial court’s grant of summary judgment and holding that no-contact provision in uninsured motorist insurance is valid and not against public policy).

 

Substituted Abstract, Brief, and Addendum for Appellant, Romes v. State, 356 Ark. 26, 144 S.W.3d 750 (Feb. 05, 2004) (No. 02-1026) appeal from Pulaski County Circuit Court (Affirming convictions for aggravated robbery and capital murder; discussing pretextual arrest and Rule 4.1).

 

Brief for Appellee, Copeland v. Copeland, 84 Ark. App. 303, 139 S.W.3d 145 (Dec. 17, 2003) (No. CA 03-482) appeal from Faulkner County Circuit Court (Reversing trial court’s unequal division of pension plans in divorce settlement).

 

Brief for Appellant, U.S. v. Davis, 79 Fed.Appx. 943 (8th Cir. Oct. 31, 2003) (No. 02-3624) appeal from United States District Court for the Eastern District of Arkansas

 

Abstract, Brief, Addendum, and Oral Argument for Appellant, Haynes v. State, 354 Ark. 514, 127 S.W.3d 456 (Oct. 30, 2003) (Oral argument Oct. 9, 2003) (No. CR 02-1087) appeal from Sebastian County Circuit Court (Discussing standard of sufficiency of circumstantial evidence; also search and seizure law and the “inevitable discovery” rule); Certiorari Denied by Haynes v. Arkansas, 541 U.S. 1047 (U.S. May 17, 2004).

 

^Brief and Oral Argument for Appellant, Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (June 5, 2003) (Oral argument April 24, 2003) (No. 02-720) appeal from Benton County Chancery Court (Overruling prior case law on analysis trial courts must apply when a custodial parent seeks to relocate out of state with minor children).

 

^Abstract, Brief, and Addendum for Appellant, Addington v. Wal-Mart Stores, Inc., 81 Ark. App. 441, 105 S.W.3d 369 (April 23, 2003) (No. CA 02-626) appeal from Benton County Circuit Court (Reversing trial court’s summary judgment on whether consent to search was freely given).

 

^Brief for Appellant, Vanwagoner v. Cuna Mutual Group, Not Designated for Publication, 2003 WL 193487 (Jan 29, 2003) (No. CA 02-503) appeal from Sebastian County Circuit Court (Reversing trial court’s grant of summary judgment on construction of a life insurance policy exclusion).

 

Abstract, Brief, and Addendum for Appellant; Petition for Writ of Certiorari for Appellant, Williams v. State, 351 Ark. 215, 91 S.W.3d 54 (Dec. 05, 2002) (No. 01-01170) appeal from Pulaski County Circuit Court (Affirming conviction for capitol felony-murder and holding that the Arkansas rule prohibiting citation to unpublished authority is constitutional); certiorari denied by Williams v. Arkansas, 539 U.S. 907 (U.S. June 02, 2003) (No. 02-10157).

 

^Supplemental Abstract and Brief for Appellee, Wal-Mart Stores, Inc. v. Lee, 348 Ark. 707, 74 S.W.3d 634 (May 16, 2002) (No. 01-403) appeal from Benton Circuit Court (Affirming a jury verdict of $1.6 million on claims of defamation, false-light invasion of privacy, and intrusion invasion of privacy).

 

Brief for Appellants, Gomez v. ITT Educational Services, Inc., 348 Ark. 69, 71 S.W.3d 542 (April 4, 2002) (No. 01-1089) appeal from Pulaski County Chancery Court (Affirming the trial court’s dismissal on statute of limitations in a choice-of-laws situation).

 

Abstract, Brief, and Addendum for Appellant, Morris v. Rush, 77 Ark. App. 11, 69 S.W.3d 876 (Jan. 9, 2002) (No. 01-00672) appeal from Pulaski County Circuit Court (Discussing breach of warranty and builder-vendor liability in a claim for defects in a residence).

 

^Brief for Appellant, King v. Carney, 341 Ark. 955, 20 S.W.3d 341 (July 7, 2000) (No. 99-1361) appeal from Jackson County Circuit Court (Clarifying the standard for obtaining extension of time to serve under Rule 4 of the Arkansas Rules of Civil Procedure).

 

*******

 

Abstract, Brief, and Addendum for Appellant (Appointed by Arkansas Supreme Court), Genre Page v. State, Arkansas Supreme Court (No. CR08-322) appeal from Pulaski County Circuit Court.

 

Brief for Appellee, Nationwide Assurance Company v. Michael Lobov, Arkansas Court of Appeals (No. CA 08-982) appeal from Washington County Circuit Court.

 

Abstract, Brief, and Addendum for Appellant, Tavron v. StateArkansas Supreme Court (No. CR 08-1154) (Appeal from denial of petition for Rule 37 relief in Pulaski County Circuit Court)..

 

Abstract, Brief, and Addendum for Appellant, McIlroy Investments, Ltd. v. McIlroy Bank and Trust (Now Arvest), Arkansas Court of Appeals (No. CA 08-1393) appeal from Washington County Circuit Court.

 

Brief for Amicus Curiae (in support of Appellant’s position), PH, LLC v. City of Conway, Arkansas Court of Appeals (No. CA08-1383) appeal from Faulkner County Circuit Court.  (Arkansas Supreme Court affirmed, ruling in favor of the City of Conway, finding that there was no reverse spot zoning).

 

Abstract, Brief, and Addendum for Appellant, Clark v. Johnson, et al., Arkansas Supreme Court (No. 09-114), appeal from Johnson County Circuit Court (affirmed trial court’s ruling that the venue statute included in the Civil Justice Reform Act was constitutional).

 

Abstract, Brief, and Addendum for Appellant, Clark v. Johnson, et al., Arkansas Supreme Court (No. 09-431), appeal from Johnson County Circuit Court.  (The Arkansas Supreme Court affirmed trial court’s ruling that the venue statute included in the Civil Justice Reform Act was constitutional).  (NOTE: This was a companion case to Case No. 09-114, above—although the issues on appeal were identical, the Court denied our motion to consolidate the cases and chose, instead, to decide them separately).

 

^Mainerich v. Mainerich (2010), Arkansas Court of Appeals

 

Abstract, Brief, and Addendum for Appellant, State v. Lee Mark Harris (2010), Arkansas Court of Appeals.

 

Brief, Addendum and oral argument for Appellant, Ray v. American Airlines (2010), United States Court of Appeals for the Eighth Circuit (affirmed trial court).

 

^Appellee’s Brief and Cross-Appellant’s Cross Appeal, McCourt v. Triplett (2010), Arkansas Court of Appeals.

 

Stenhouse v. Norris, United States Court of Appeals for the Eighth Circuit.

 

Abstract, Brief, Addendum, and Reply Brief for Appellant, Gunn v. Farmers Insurance, Arkansas Court of Appeals (Case No. 09-454), appeal from Pope County Circuit Court.

 

Brief for Appellant (CJA Appointment by 8th Cir.), King v. U.S., 8th Cir. Court of Appeals.

 

Abstract, Brief, and Addendum for Carol Diane Conway v. HTE, et al., Arkansas Court of Appeals (Case No. CA09-1049), appeal from Garland County Circuit Court (dealing with statute of repose issues based on North Carolina law—whether a lumber stacking machine constitutes a fixture, etc.).Type your paragraph here.

CASES

TIM CULLEN, ATTORNEY AT LAW