Arkansas Court of Appeals, 2016

Progressive Eldercare Svcs.-Saline, Inc. v. Garrett

Progressive Eldercare Svcs.-Saline, Inc. v. Garrett
Arkansas Court of Appeals · Decided November 2, 2016 · David M. Glover
2016 Ark. App. 518
Progressive Eldercare Svcs.-Saline, Inc. v. Garrett

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Cite as 2016 Ark. App. 518

ARKANSAS COURT OF APPEALS

DIVISIONS II & III

No. CV-15-773

PROGRESSIVE ELDERCARE Opinion Delivered NOVEMBER 2, 2016 SERVICES-SALINE, INC., d/b/a

HEARTLAND REHABILITATION AND APPEAL FROM THE SALINE COUNTY CARE CENTER, PROGRESSIVE CIRCUIT COURT ELDERCARE SERVICES, INC.; [NO. 63-CV-13-354-3] PROCARE THERAPY SERVICES, LLC;

HONORABLE GRISHAM PHILLIPS, JEJ INVESTMENTS, LLC; PONTHIE JUDGE

HOLDINGS, LLC; SOUTHERN

ADMINISTRATIVE SERVICES, LLC; AFFIRMED

CAREPLUS STAFFING SERVICES, LLC;

JOHN PONTHIE; ROSS PONTHIE;

MARK THOMPSON; AND EARNEST

JOHNSON IN HIS CAPACITY AS

ADMINISTRATOR OF HEARTLAND

REHABILITATION AND CARE

CENTER

APPELLANTS

V.

KEVIN GARRETT AS ATTORNEY-IN-

FACT FOR LOTTIE WHITE

APPELLEE

DAVID M. GLOVER, Judge

Progressive Eldercare Services—Saline, Inc., d/b/a Heartland Rehabilitation and Care Center (“Heartland”) appeals the Saline County Circuit Court’s denial of summary judgment that it is charitably immune to suit as a matter of law. In this interlocutory appeal, Heartland contends it is entitled to summary judgment as a matter of law based on the doctrine of charitable immunity and that appellee Kevin Garrett, as attorney-in-fact his mother, Lottie Cite as 2016 Ark. App. 518

White, failed to rebut its entitlement to charitable immunity. For the reasons stated in Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016 Ark. App. 523, ___ S.W.3d ___, handed down today, we affirm.

Affirmed.

GRUBER, VAUGHT, HIXSON, and BROWN, JJ., agree.

HARRISON, J., concurs.

BRANDON J. HARRISON, Judge, concurring. I concur for the same reasons expressed in my concurrence in Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016 Ark. App. 523, ___ S.W.3d. ___, handed down today.

Kutak Rock LLP, by: Mark W. Dossett and Jeff Fletcher, for appellant.

Reddick Moss, PLLC, by: Brian D. Reddick, Robert W. Francis, and Matthew D. Swindle, for appellee.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.