Tschiemer Legal Briefing P.O. Box 549 Mayflower, Arkansas 72106-0549

(501) 951-3303 (Tel.) (501) 377-9866 (Fax) robert@tschiemerlegalbriefing.com

(501) 951-3303 (Tel.) (501) 377-9866 (Fax) robert@tschiemerlegalbriefing.com

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TSCHIEMER LEGAL BRIEFING

TSCHIEMER LEGAL BRIEFING TSCHIEMER LEGAL BRIEFING

CURRENT CASE LIST

    

This  list is updated weekly when the appellate courts are in session.



  • Phifer v. Ouellette, et al, White County Circuit No. CV-2013-156 (co-counsel for defendants in multi-party appeal, previously twice dismissed on appeal by appellant, my motion for summary judgment pending)
  • Hunter v. Diamante, a Private Membership Golf Club, LLC, No. CV-20-515, Petition for Writ of Certiorari (standing of a party to file a brief) (petition denied in the Supreme Court)
  • Wilson v. Jolliff, Miss. County Circuit Court, No. 47BDR-18-145, order of protection (notice of appeal filed)
  • In Re Adoption of AP, Garland Circuit No. 26PR-19-671, appellant's counsel (notice of appeal filed)
  • Raynor v. Brennan, No. 4:19-cv-00064-JM, (E.D. Ark. limited appearance for briefing, Title VII, notice of appeal filed)
  • Conley v. Conley, Faulkner No. 23DR-19-959 (domestic relations appeal, , appellant voluntarily dismissed appeal)
  • Holiman v. Holiman, No. CV-20-10 (appellant's counsel, domestic relations appeal involving international relocation, brief filed)
  • Grayson & Grayson, P.A. v. Couch, No. CV-20-213 (appellant’s counsel, contract,  brief filed with approximately 1,500 page addendum)
  • Tilton v. Tilton, No. CV-19-862 (appellee's counsel, domestic relations appeal, brief filed)
  • Mack v. Ivy, 2020 Ark. Ap. 144, appellant’s counsel on appeal, contract, reversed and remanded)
  • Hunter v. Diamanté Members Club, Inc., No,. CV-19-770 (appellants' counsel, contract, brief filed)
  • Mark Dana  v. Diamanté Members Club, Inc., No. CV- 19-769 (appellants' counsel, contract brief filed)
  • Winters v. Diamanté Members Club, Inc., No. CV-19-768 (appellant's counsel, contract, brief filed)
  • Woodward v. . Diamanté Members Club, Inc. , No. CV-19-767 (appellants' counsel, contract, brief filed) 
  • Brunner v. Diamanté Members Club, Inc., No. CV-19-766 (appellants' counsel, contract, brief filed) 
  • Faigin v. Diamanté Members Club, Inc., No. CV-19-765 (appellants' counsel, contract, brief filed),
  • Ronald Dana v. Diamanté Members Club, Inc., No. CV-19-764 (appellants' counsel, contract, brief filed)     
  • Eldridge v. Waugh, (appellant’s co-counsel, No. CV-19-774) (brief filed)
  • Norton v. United States Automobile Association, 2020 Ark. App.100 (appellee’s co-counsel on appeal, medical payments, reversed) 
  • Williams v. Circuit Court of Baxter County, Arkansas, No. CV-19-320  (appellate counsel for petitioner, Petition for Writ of Prohibition, denied)
  • Gray v. Marianna Housing Authority, 2020 Ark App. 203 (negligence case with injury to a child, co-counsel for appellant on appeal, affirmed)
  • Webb’s Sporting Goods v. Mack’s Prairie Wings, No. CV-19-528 (appellant’s co-counsel on appeal, business tort litigation) (brief filed)
  • Town of Springtown, Arkansas v. Lemke, et al, Benton Circuit No. 2020 Ark. App. 176 (appellee's counsel, city ordinance)) (reversed)
  • Williams v. Williams, 2020 Ark. App. 204, for appellant, child custody order affirmed, other portions of appeal dismissed without prejudice) 
  • State v. Monroe County Circuit Court, No. CR-19-79 (co-counsel on appeal for individual respondent, petition for writ of prohibition, granted)
  • BMO Harris Bank, N.A. v. Unique Freight Systems, et al, No. 19-1076, 8th Cir. (retained as co-counsel on appeal for appellants/defendants, breach of contract case, brief filed, settlement reached after briefs filed, my motion to dismiss granted)
  • Snyder v. Qindao Xiyingmen Double Camel Tyre Co., Ltd. Phillips Circuit No. 54CV-13-204 (co-counsel  on appeal for China defendant, brief filed)
  • Waldron v. CR Crawford Construction, LLC, et al, No. CV-19-184 (appeal of contempt, counsel on appeal for appellant) (Following bankruptcy court order granting relief from stay in companion case, the Arkansas Court of Appeals granted our motion to remand so trial court may consider earlier motion under Ark. R. Civ. P. 60(a), and granted a trial court motion to vacate the order appealed from, and our motion to dismiss appeal granted)
  • SAM Group, LLC v. CR Crawford Construction, LLC, No. CV-18-724 (appellant minority shareholder's counsel on appeal, and our motion to dismiss our participation in appeal because of settlement granted)
  • Stacy v. Stacy, No. CV-18-920 (appellant's co-counsel on appeal, interlocutory appeal of injunction, brief filed) (accepted for oral argument) (case settled after briefs filed, with the Court granting a joint motion to dismiss)
  • Anita G., LLC v. Centennial Bank, No. 2019 Ark. App. 271 (co-counsel on appeal for defendant-appellant, interlocutory appeal involving easement, affirmed)
  • Hearst v. Newcomb, 2018 Ark. App. 573 (appellant's counsel on appeal, legal negligence, affirmed)
  • Brewer v. Massey, 2018 Ark. App. 529 (appellee's counsel on appeal, guardianship, affirmed)
  • Arkansas Department of Finance and Administration v. Clear Creek Medical, et al, 2018 Ark. 224 (co-counsel on appeal for appellee-license applicant, reversed and dismissed due to lack of subject matter jurisdiction).
  • Arkansas Department of Finance and Administration v. Natural State Agronomics, Inc., 2018 Ark. 224 (co-counsel on appeal for appellee license applicant, reversed and dismissed due to lack of subject matter jurisdiction).
  • Apprentice Information Systems, Inc. v. Datascout, LLC, 2018 Ark. 146, co-counsel for appellee in appeal, interlocutory appeal of injunction, reversed).
  • Amason v. City of Calion of Union County, Arkansas, No.  2019 Ark. App. 106 (co-counsel on appeal for appellant, eminent domain, opposition  to sewage discharge project, real property, affirmed)
  • Aydelott v. Circuit Court of Boone County, No. CV-18-51   (co-counsel for petitioners, guardianship jurisdiction, Petition for Writ  of Prohibition denied)
  • Miesner v. Estate of Allred, No. CV-16-946  (Petitioner's counsel, Petition for Writ of Error Coram Nobis denied)
  • Roberts v. Riege, 2018 Ark. App. 262 (default judgment on counterclaim and defense verdict on complaint, co-counsel on appeal for appellee, affirmed)
  • McGahhey v. McGahhey, 2018 Ark. App. 597 (marital property appeal, co-counsel on appeal for appellee, affirmed in part, reversed in part ) 
  • Phifer v. Cowin, et al, No. CV-17-989 (probate,  co-counsel on appeal for appellees Cowin) (appellant dismissed appeal for lack of a final order, but later refiled and briefing underway)
  • Cooper v. Merweather, 2018 Ark. App. 282 (appellant's counsel on appeal, custody, affirmed)
  • McCoy v. Robertson, 2018 Ark. App. 279 (co-counsel on appeal  for appellant, medical negligence case, service issue, affirmed)
  • Reed v. Smith, 2018 Ark. App. 313  (appellants' counsel on  appeal, trust, affirmed dismissal order, but modified to dismissal without prejudice)
  • Townsend v. Townsend, 2018 Ark. App. 256 (appellant's  counsel on appeal, jurisdictional challenge to modify Hawaii decree, reversed and dismissed)
  • Riley v. WelcomeToTulum Investment Properties, LLC,  2018 Ark. App. 91 (appellant's counsel on appeal, real estate contract,   affirmed)
  • James v. Walchli, 2017 Ark. App.. 645 (appellee's  co-counsel on appeal, order to sign passport application, fees, child  support, affirmed in part and reversed in part)
  • Kraft v. Limestone Partners, LLC, 2017 Ark. App. 315   (co-counsel for petitions for rehearing and review, denied)
  • Roberts v. Riege, 2017 Ark. App. 408 (co-counsel on  appeal for appellee, land case, my motion to dismiss appeal granted); following remand and new appeal, Roberts v. Riege, 2018 Ark. App. 262 (co-counsel  for appellee on appeal, default judgment and damages, affirmed).
  • Wakefield v. Bell, 2018 Ark. App. 120  (co-counsel  on appeal for appellant, child custody, affirmed)
  • Riley v . Welcometotulum Investment, LLC, No. 17-311      (appellant's counsel, my motion to stay granted in Supreme Court during appeal)
  • Brewington v. Keener, 2018 U.S. App. LEXIS 24679 (8th Cir. 2018) (civil rights case, excessive force, affirmed) 
  • Grantham v. Hornbeck Agricultural Group, LLC, 2017 Ark. App. 520 (co-counsel on appeal for appellant, workers' compensation,      affirmed) 
  • Barnett v. Cleghorn, 2017 Ark. App. 641 (co-counsel on  appeal for appellant, multi vehicle collision, reversed and remanded)
  • Marks v. Saville, 2017 Ark. App. 668 (appellants'  counsel on appeal, discovery sanction, affirmed) 
  • Darr v. Billeaudeau, 2018 Ark. App. 16 (co-counsel for  appellant on appeal, will contest, affirmed)
  • Miesner v. Estate of Joyce Priest Allred, 2017 Ark. App. 390 (appellant's counsel on appeal, family settlement agreement,      affirmed)
  • Barton v. Brockinton, 2017 Ark. App. 369 (appellant's  co-counsel on appeal, survey, affirmed) 
  • Hortelano v. Hortelano, 2017 Ark. App. 98 (appellant's  co-counsel on appeal, child custody, affirmed)
  • Sexton v. Local Police and Fire Retirement System, 2016 Ark. App. 496 (Appellant's counsel, cancer disability case arising from      fume exposures as firefighter, reversed and remanded)
  • Lagios v. Goldman, No. 15-1418, United States Supreme Court (substitute counsel for petitioner, adoption), cert. denied, 2016  U.S. LEXIS 4765 (2016)
  • Emis v. Emis, 2017 Ark 52 (co-counsel for appellant on  petition for review, granted, and reversed and remanded to court of      appeals)
  • Razorback Cab of Fort Smith, Inc. v. Amon, 2016 Ark.  App. 352 (appellants' co-counsel for petition for rehearing and review)      (denied, 2016))
  • Perry v. Wolfe, 858 F.3d 1141 (8thCir. 2017) (co-counsel for appellee on appeal, immunity, affirmed)
  • Murphey v. Fuller, 2017 Ark. App. 164 (appellee's  counsel in appeal, their appeal dismissed without prejudice)
  • Morris v. Knopick, 2017 Ark. App. 225 (appellee's/cross appellant's counsel on appeal, breach of contract and negligence, affirmed on direct appeal and cross appeal)
  • Apprentice Information Systems, Inc. v. Datascout, LLC,  No. CV-16-575 (co-counsel on appeal for appellee, interlocutory appeal,      injunction, motion to reassign to Supreme Court granted)
  • Fowlkes v. Director Department of Workforce Services,  2017 Ark. App. 56 (appellant's counsel on appeal, unemployment, affirmed)
  • Morris v. Grand Savings Bank, No. CV-16-308 (co-counsel  on appeal for appellees, contract and tort claims) (appeal resolved while      briefing underway)
  • Harris v. Beth, 2017 Ark. App. 186 (co-counsel on  appeal for appellee, immunity, affirmed)
  • Hood v. Hood,, 2016 Ark. App. 266 (appellant's   co-counsel on appeal, guardianship.reversed and remanded)
  • Carlton v. Rice, No. 2016 Ark. App. 128 & 2016 Ark. App. 129 (en banc) (appellant's co-counsel on appeal in two probate cases,      appeals dismissed as moot due to reversal in companion case)
  • Copeland Holdings, LLC v. Serio, et al, 2017 Ark. App.  280 (for appellants, interlocutory appeal from judgment, reversed and      remanded) (on remand, appellee dismissed all remaining claims against appellant)
  • Patterson v. Heritage Manor, Inc., 2016 Ark. App. 301  (appellant's co-counsel on appeal, landlord liability, affirmed)
  • Hadder v. Heritage Hill Manor, Inc., 2016 Ark. App. 303  (appellant's co-counsel on appeal, landlord liability, affirmed)
  • Walchli v. Walchli, 2015 Ark. App. 562 (appellee's  co-counsel on appeal, attorney fee award, affirmed)
  • Hortelano v. Hortelano, 2017 Ark. App. 98  (appellant's  co-counsel on appeal, child custody, affirmed)
  • Blevins v. Hudson, 2016 Ark. 150 (co-counsel for appellant on appeal, quasi-judicial immunity, affirmed) cert. denied, 2016  U.S. LEXIS 5154 (2016)
  • Edmondson v. Lockett, 2015 Ark. App. 571 (co-counsel  for appellee on appeal) (retirement and contempt, affirmed)
  • Morris v. Knopick, 2015 Ark. App. 653 (appellee's  counsel on appeal) (their appeal dismissed for lack of final order)
  • Trujillo v. TK Martial Arts Academy, LLC, 2015 Ark. App. 606 (appellant's counsel on appeal, wrongful death, release,  affirmed)
  • Barton v. Brockington, No. CV-15-200 (co-counsel for appellants on appeal, land dispute) (appeal dismissed without prejudice      because of finality issued)
  • Tarasenko v. University of Arkansas, 616 Fed. Appx. 214, 2015 U.S. App. LEXIS 17240 (8th Cir. Ark. 10-1-15) (8th Cir., appeal  from employment termination, counsel for appellant, affirmed) (petition  for writ of certiorari to United States Supreme Court denied)
  • Boyd Corley Construction, LLC v. Cummins Mid-South,  LLC, 2015 Ark. App. 229 (co-counsel on appeal for appellee, contract,      reversed) (petition for review denied, with one dissent)
  • Fry v. Fry, 2015 Ark. App. 339 (appellant's counsel on  appeal, property division, affirmed)
  • Davis v. Davis, 2016 Ark. 64 (Arkansas Supreme Court,      considering certified question on jurisdiction, and remanding to Court of Appeals for decision on merits); 2016 Ark. App. 210  (co-counsel for appellee in  divorce appeal, affirmed)
  • Cason v. Lambert, 2015 Ark. App. 41 (appellant's  counsel on appeal, trust, affirmed)
  • Rottinghaus v. Hollowell, No. 14-2471, 595 Fed. App. 663 (8th Cir. 2014)  (co-counsel on appeal, excessive force and death, civil rights, affirmed)
  • Foust v Montez-Torres, 2015 Ark. 66 (appellee's counsel  on appeal, visitation former same-sex friend, affirmed)
  • Fletcher v. Stewart, 2015 Ark. App. 105 (co-counsel for appellees on appeal, adverse possession, affirmed)
  • Planchon v. Local Police & Fire Retirement System, 2015 Ark. 131 (Supreme Court denying motion for revivor and granting   alternative motion to remand) No. CV-13-1133, appellant's counsel on  appeal, firefighter's disability (ultimately reversed and remanded  in Sexton v. Local Police and Fire Retirement System, 2016 Ark. App. 496)
  • Horne v. Henson, 2014 Ark. App. 687 (for appellant,  breach of contract judgment, dismissed without prejudice due to lack of      final order, from pro se notice of appeal)
  • Smith v. Norris, No. 14-1273, 583 Fed. App. 563  (8th Cir. 2014) (assisting appellant counsel in civil rights appeal, affirmed))
  • Dickson v. McHugh, No. 14-1289 (8th Cir. 2015)  (co-counsel on appeal for appellant, Title VII and ADEA, affirmed)
  • Hymes v. Pinewood Health & Rehab., 2014 Ark. App.  320 (appellant's counsel on appeal, workers' compensation, affirmed)
  • Burks v. Liberty Bank of Arkansas, 2014 Ark. App. 672  (appellants' counsel on appeal, property, affirmed)
  • Kendall v. Golden, No. CV-13-745 (co-counsel for  appellees on appeal, adverse possession, appeal dismissed)
  • Travelers Casualty & Surety Co., BCC Construction  LLC, Boyd Corley Construction v. Sweet's Contracting, Inc., 2014 Ark. 484      (co-counsel for appellee/cross appellant, affirmed in part, reversed in   part)
  • Lafferty v. Everett, 2014 Ark. App. 332 (co-counsel for appellants on appeal, adverse possession, affirmed)
  • Venable v. Fred's, Inc., et al, 2014 Ark. App. 286  (co-counsel for appellants on appeal, expert opinion on causation,  affirmed)
  • Fritts v. State, 2013 Ark. 505 (assisted appellant's  counsel in murder appeal, suppression issue, affirmed)
  • Carr v. Garland County Circuit Court, No. 13-697   (co-counsel on appeal, response to petition for writ of prohibition, constitutionality of John Doe statute, Petition denied, without prejudice)
  • Piping Industrial Company, Inc. v. Future Fuel Chemical  Company, 2013 Ark. App. 549 (provided assistance in Reply Brief for      appellant's counsel, breach of contract, affirmed in part, dismissed in  part)
  • Carter v. Cline, 2013 Ark. 398 (co-counsel for appellant on appeal, consultation in breach of contract appeal, affirmed)
  • Joshlin Brothers Irrigation v. Sunbelt Rental, Inc.,  2014 Ark. App. 65 (co-counsel for appellant on appeal, commercial  litigation involving liability of partner, affirmed)
  • Skalla v. Canepari, 2013 Ark. 415 (co-counsel for  appellant on appeal, fiduciary duty claim between co-tenants, affirmed)
  • Gulfco of Louisiana, Inc. v. Brantley, 2013 Ark. 367  (co-counsel for appellant on appeal, declining to enforce contracts from      Louisiana, which would be usurious in Arkansas, affirmed)
  • Crittenden County, Arkansas v. Davis, 2013 Ark. App.  655 (co-counsel on appeal for appellee, contract, reversed)
  • Patel v. Trivedi and New York Life Insurance Company,  2013 U.S. App. LEXIS 22169 (8th Cir. 2013) (counsel for appellants on  appeal, affirmed in part, and reversed in part)
  • Queen v. Nortel Networks, 2013 Ark. App. 523   (co-counsel for appellant on appeal, workers' compensation case, affirmed)
  • May v. Goodman, 2013 Ark. 82 (co-counsel for appellant  on appeal, in a case of first impression regarding interpretation of the  per curiam changing summons requirements, reversed and remanded)
  • Scudder v. Ramsey, 2013 Ark. 115 (co-counsel for appellee on appeal, of first impression on its facts where a mother is  adopted by her cousin and argues this terminated previously-ordered   grandparent visitation with the mother's child, my petition to transfer to      Supreme Court granted, and reversed on visitation, affirmed on contempt,  remanded on fee award)
  • Porocel Corporation v. Washington, 2013 Ark. 172  (co-counsel for respondent on appeal, Petition for Writ of Prohibition,  exclusivity of remedy, writ granted)
  • Reynolds Metals Company v. Kirksey, 2013 Ark. 287  (co-counsel for respondent on appeal, exclusivity of remedy, writ granted      with two dissenting opinions)
  • Hughes v. Dalton, 2013 Ark. App. 142 (counsel for appellant on appeal, involving a testamentary trust and deeds, affirmed)
  • Bradley Timberland Resources, LLC v. Webster Business  Credit Corp., 712 F.3d 401 (8th Cir. 2013) (co-counsel for appellant on  appeal, removal and statutes of limitations, affirmed)
  • Blankenship v. USA Truck, 515 Fed. Appx. 622 (8th Cir.  2013) (appellant's counsel on appeal, involving fraudulent inducement,      previously reversed and upon remand, we again appealed, affirmed)
  • McVesting, LLC v. Heirs of Macie McGoon, 2012 Ark. App.  541, (co-counsel for appellees on appeal, standing and sufficiency of      notice of appeal, reversed and remanded)
  • Stuart v. Stuart, 2012 Ark. App. 458, (for appellant's   counsel, al

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