Progressive Eldercare Svcs.-Saline, Inc. v. Garrett (Majority, with Concurring)

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Cite as 2016 Ark. App. 518 ARKANSAS COURT OF APPEALS DIVISIONS II & III No. CV-15-773 PROGRESSIVE ELDERCARE SERVICES-SALINE, INC., d/b/a HEARTLAND REHABILITATION AND CARE CENTER, PROGRESSIVE ELDERCARE SERVICES, INC.; PROCARE THERAPY SERVICES, LLC; JEJ INVESTMENTS, LLC; PONTHIE HOLDINGS, LLC; SOUTHERN ADMINISTRATIVE SERVICES, LLC; 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 Opinion Delivered NOVEMBER 2, 2016 APPEAL FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63-CV-13-354-3] HONORABLE GRISHAM PHILLIPS, JUDGE AFFIRMED V. KEVIN GARRETT AS ATTORNEY-INFACT 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. 2

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