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BEVERLY ENTERPRISES-ARKANSAS, INC. v. THOMAS

No. 06-877.

259 S.W.3d 445 (2007)

BEVERLY ENTERPRISES-ARKANSAS, INC., d/b/a Batesville Nursing and Rehabilitation Center, Appellant, v. Annette THOMAS, as Permanent Guardian of the Estate of Helen Cook, an Incapacitated Person, and All Others Similarly Situated, Appellee.

Supreme Court of Arkansas.

June 21, 2007.

Attorney(s) appearing for the Case

Womack, Landis, Phelps, McNeill & McDaniel, by: Paul McNeill, Jonesboro; Mitchell, Williams, Selig, Gates & Woodyard, PLLC, by: M. Samuel Jones, III, Little Rock; Hardin, Jesson & Terry, by: Rex M. Terry and Kirkman T. Dougherty, Fort Smith; Williams & Anderson, PLC, by: Jess Askew III, Little Rock, for appellant.

Murphy, Thompson, Arnold, Skinner & Castleberry, by: Tom Thompson and Casey Castleberry, Little Rock; Callis L. Childs, Conway; Brian Brooks, Attorney at Law, PLLC, by: Brian Brooks, Greenbriar; J. Scott Davidson, Batesville; Bohrer Law Firm, LLC, by: Phil Bohrer and Scott Brady, Baton Rouge, LA, for appellee.

ROBERT L. BROWN, Associate Justice.

This is an appeal from an order granting a motion to certify the underlying class as a class action. We affirm the class certification.

On September 13, 2005, Annette Thomas, as permanent guardian of the estate of Helen Cook, an incapacitated person, and all others similarly situated, filed a Second Amended Complaint1 in the Independence County Circuit Court against Beverly Enterprises, Inc....

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