GGNSC ARKADELPHIA, LLC v. LAMB

No. CV-14-1033.

465 S.W.3d 826 (2015)

2015 Ark. 253

GGNSC ARKADELPHIA, LLC d/b/a Golden Living Center-Arkadelphia; GGNSC Camden, LLC d/b/a Golden Living Center-Camden; GGNSC Crossett, LLC d/b/a Golden Living Center-Crossett; GGNSC El Dorado III, LLC d/b/a Golden Living Center-El Dorado; GGNSC Harrison II, LLC d/b/a/Golden Living Center-Harrison; GGNSC Heber Springs, LLC d/b/a/Golden Living Center-Heber Springs; GGNSC Hilltop, LLC d/b/a/Golden Living Center-Hilltop; GGNSC Hot Springs, LLC d/b/a Golden Living Center-Park Avenue; GGNSC McGehee, LLC d/b/a Golden Living Center-McGehee; GGNSC Monticello, LLC d/b/a Golden Living Center-Monticello; GGNSC North Little Rock, LLC d/b/a Golden Living Center-North Little Rock; GGNSC Rogers, LLC d/b/a/Golden Living Center-Rogers; Golden Gate National Senior Care, LLC; GGNSC Holdings, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; Golden Gate Ancillary, LLC; GGNSC Equity Holdings, LLC; Leslie Campbell; Cindy Susienka; James Avery; Andrea Clark; David Mills; Julianne Williams; David Stordy; Larry McFadden; Angela Marlar; Billie Palculict; Sybil Adams; Troy Morris; Avie Singleton; Tracey Burlison; Mincie Thomas; Tommy Johnston; John McPherson; Laurie Herron; Margaret Green; Norean Bailey; Marsha Parker; and Lisa Hensley, Appellants v. Nellie R. LAMB, BY AND THROUGH Richard WILLIAMS, as Guardian of the Estate and Person of Nellie R. Lamb; Betty Huebner, as Special Administrator of the Estate of Wilma Richey, Deceased; Greg Brown, as Special Administrator of the Estate of Louise Brown, Deceased; Dianne Roche, as Attorney-in-fact of Jamie Roche; Leon Robinson, Jr.; Claude Henderson and Ruby Henderson, as Co-special Administrators of the Estate of Lucille Henderson, Deceased; Larry Nelson, as Special Administrator of the Estate of Gracie Caesar; Patricia Fite, as Special Administrator of the Estate of Lois Davis; John Tatum, as Special Administrator of the Estate of Lue Ella Tatum; Rosie Williams, as Special Administrator of the Estate of Jack Williams; Albert Neal, as Special Administrator of the Estate of Gladys Neal; Ladonia Wright, as Special Administrator of the Estate of Alma Rogers; Elsie Jenkins, as Special Administrator of the Estate of Elmer Tatum; Darlene Carter, as Special Administrator of the Estate of Warren Porchia; Lisa Armstrong, as Special Administrator of the Estate of Lois Richardson; Nadine Brown, as Special Administrator of the Estate of Ruby Barnett; Betty Andrews, as Special Administrator of the Estate of Jimmy Andrews; Levert Briggs, Jr., as Special Administrator of the Estate of Helen Bailey; Herman Levingston, as Special Administrator of the Estate of Velma Davis; Bessie Talley, as Special Administrator of the Estate of Willie Talley; Geneva Odems, as Special Administrator of the Estate of Bernell Morton; Linda Jacintho, as Special Administrator of the Estate of Edna Fink; Peggy S. Dickey, as Special Administrator of the Estate of Louis E. Lay; Elaine Fisher, as Special Administrator of the Estate of Walter Lee Beasley; Yuri Shearer, as Special Administrator of the Estate of Alma M. Shearer; Dorothy Tackett, as Special Administrator of the Estate of Edna Raby; Karen Shelton, as Special Administrator of the Estate of Faye Clayton; Deborah Jones, as Special Administrator of the Estate of James H. Wasson; Jack Nolen, as Special Administrator of the Estate of Vera C. Nolen; Mary Livingston, as Special Administrator of the Estate of Roy Livingston; Clarissa Carmack, as Special Administrator of the Estate of Troy Thrash; Merry Simpson, as Special Administrator of the Estate of Lummie Fryar; Debbie Nimmer, as Special Administrator of the Estate of Aretha Steward; Randy Mitchell, as Attorney-in-fact of Mildred Mitchell; John Slaughter, as Special Administrator of the Estate of Frank Province, Jr.; Robert Gragg, as Special Administrator of the Estate of Robert Mackon; Betty Sisk, as Attorney-in-fact of Azzle Williams; Ray Smalling, as Special Administrator of the Estate of Thelma Smalling; Roger Harnish and Rhonda Harnish, as Co-special Administrators of the Estate of Verna Harnish; Tommie Keener, as Special Administrator of the Estate of Doris Keener; Vivian Stuart, as Special Administrator of the Estate of Willie Sheppard; Polly Redmond, as Attorney-in-fact of Novie D. Gasaway; Sara Bond, as Special Administrator of the Estate of Irma Wharton; Barbara Weaver, as Special Administrator of the Estate of Sylvia Wilson; and on behalf of themselves and all others similarly situated, Appellees.

Supreme Court of Arkansas.

Rehearing Denied July 23, 2015.


Attorney(s) appearing for the Case

Hardin, Jesson & Terry, PLC, by: Kirkman T. Dougherty , Fort Smith, Jeffrey W. Hatfield , and Kynda Almefty , Little Rock; Dechert, LLP, by: H. Joseph Escher III ; and Eugene Bramblett , Camden, for appellant.

Campbell Law Firm, P.A., by: H. Gregory Campbell ; Ludwig Law Firm, PLC, by: Gene A. Ludwig ; and Reddick Moss, PLLC, by: Brian D. Reddick , for appellees.


Appellants GGNSC Arkadelphia, LLC d/b/a/Golden Living Center-Arkadelphia, and others, bring this interlocutory appeal from the order entered by the Ouachita County Circuit Court certifying a class action filed by appellees Nellie R. Lamb, by and through Richard Williams, as guardian of the estate and person...

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