FROM THE LONOKE COUNTY CIRCUIT COURT [NO. 43CV-18-79],
HONORABLE BARBARA ELMORE, JUDGE
Law Firm, P.A., Jacksonville, by: John Ogles and William J.
Ogles, for appellant.
Rowlett, Moore and Boone, P.A., Little Rock, by: Emily M.
Runyon, for appellees Patrick Sinclair and State Farm Life
B. SWITZER, Judge
Appellant Katelynn Locke appeals the Lonoke County Circuit
Courts grant of summary judgment to appellees State Farm
Insurance Company and Patrick Sinclair, a State Farm agent
(collectively "State Farm"). We affirm.
father, James, died on May 9, 2015, when Katelynn was fifteen
years old. Katelynns mother is also deceased. On June 2,
2015, in the probate division of the Lonoke County Circuit
Court (No. 43PR-15-172), an order was entered appointing Amy
Locke, Katelynns stepmother, as permanent guardian of the
persons and estates of Katelynn and her brother, Brett,
because they were incapacitated by reason of
minority. In that order, the circuit court found
it was in Katelynn and Bretts best interest to have Amy
appointed, the minors preferred her to be appointed as their
guardian, and she was qualified and suitable to act as
guardian of the persons and estates of the minors. The
order authorized Amy to serve without bond and directed the
court clerk to issue permanent letters of guardianship to
Amy, which occurred the same day the order was entered.
had a $ 50,000 insurance policy with State Farm, and his
three children were designated as beneficiaries. At some time
after receiving her letters of guardianship, Amy made claim
as the guardian of Katelynns estate for Katelynns portion
of the insurance proceeds. State Farm issued a check on
October 9, 2015, in the amount of $ 16,416.85 paid to
"Amy Locke, Guardian of the Estate of Katelynn
Katelynn turned eighteen on December 2, 2017, she inquired of
Patrick Sinclair about her portion of her fathers
life-insurance proceeds. It was then that she learned her
share of the proceeds had been disbursed to Amy as the
guardian of her estate in October 2015.
January 2018, Katelynn filed a complaint against State Farm,
Sinclair, and Amy alleging negligence, breach of contract,
fraud, breach of fiduciary duty, and
conspiracy. State Farm filed a motion for summary
judgment alleging the life-insurance proceeds due Katelynn
had been paid to Amy as the guardian of Katelynns estate
pursuant to the permanent order of guardianship and the
letters of guardianship. This motion was granted on August
17, 2018. Katelynn was granted judgment against Amy in the
sum of $ 19,066.93 on October 18, 2018, and she filed her
notice of appeal from the order granting summary judgment to
State Farm on October 23, 2018.