Opinions delivered
October 1, 2008
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE:
E07-262. Andrea Lemoine v. Director, Arkansas Department of Workforce Services, from the Arkansas Board of Review. Affirmed. Marshall and Heffley, JJ., agree. UNPUBLISHED [PDF]
JOSEPHINE LINKER HART, JUDGE:
CA08-111. Janice Swafford v. Pocahontas Public Schools, from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Griffen and Hunt, JJ., agree. UNPUBLISHED [PDF]
ROBERT J. GLADWIN, JUDGE:
CACR08-255. Darren L. Wilson v. State of Arkansas, from Columbia Circuit. Affirmed. Robbins and Bird, JJ., agree. UNPUBLISHED [PDF]
CA07-1321. Andrea Hicks v. Joshua A. Cook, from Chicot Circuit. Affirmed. Glover, J., agrees. PUBLISHED [PDF]. Griffen and Marshall, JJ., concur. Hart and Heffley, JJ., dissent.
CA08-70. Scott Nixon v. Rebekah J. Chapman, from Washington Circuit. Affirmed. Robbins, J., agrees. Bird, J., concurs. PUBLISHED [PDF]
CA08-156. Whirlpool Corporation, Employer; Helmsman Management Services, Inc. v. Nelson Hedges, from the Arkansas Workers’ Compensation Commission. Affirmed. Robbins and Bird, JJ., agree. UNPUBLISHED [PDF]
E08-92. Otis L. McDaniel v. Director, Department of Workforce Services, from the Arkansas Board of Review. Reversed and Remanded. Robbins and Bird, JJ., agree. PUBLISHED [PDF]
JOHN B. ROBBINS, JUDGE:
CACR08-422. William Hickman v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Gladwin and Bird, JJ., agree. UNPUBLISHED [PDF]
CA08-353. Hill & Hill Construction Co., Inc. and AIG Claim Services, Inc. v. Bobby Pritchett, from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Bird, JJ., agree. UNPUBLISHED [PDF]
SAM BIRD, JUDGE:
CACR08-518. Willie Holliman v. State of Arkansas, from Clark Circuit. Affirmed. Gladwin and Robbins, JJ., agree. UNPUBLISHED [PDF]
CA08-576. Lesley Hunter and Allen Hunter v. Arkansas Department of Human Services, from Independence Circuit. Affirmed; Motion to Withdraw Granted. Gladwin and Robbins, JJ., agree. UNPUBLISHED [PDF]
WENDELL GRIFFEN, JUDGE:
CACR08-236. Alfred Lewis Summerville v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Hunt, JJ., agree. UNPUBLISHED [PDF]
CA08-227. Cliff Mason v. Quality Millwork, Inc., and Firstcomp Insurance Co., from the Arkansas Workers’ Compensation Commission. Affirmed. Hart and Hunt, JJ., agree. UNPUBLISHED [PDF]
DAVID M. GLOVER, JUDGE:
CACR08-210. Earnest Chambliss v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Vaught and Baker, JJ., agree. UNPUBLISHED [PDF]
D.P. MARSHALL JR., JUDGE:
CA07-1027. Cyndall Sharp v. M.J. Keeler, from Washington Circuit. Affirmed in Part; Error Declared in Part. Gladwin, Griffen, and Glover, JJ., agree. Hart and Heffley, JJ., dissent. PUBLISHED [PDF]
LARRY D. VAUGHT, JUDGE:
CACR08-93. James David King v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded. Glover and Baker, JJ., agree. UNPUBLISHED [PDF]
SARAH J. HEFFLEY, JUDGE:
CACR07-1124. Felishia McMurray v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman, C.J., and Marshall, J., agree. UNPUBLISHED [PDF]
CA08-436. Elvis E. Yarbrough v. Ralph L. Mack and Janis Mack, from Faulkner Circuit. Affirmed. Pittman, C.J., and Marshall, J., agree. UNPUBLISHED [PDF]
KAREN R. BAKER, JUDGE:
CACR08-146. Nikshea S. Taylor v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Glover and Vaught, JJ., agree. UNPUBLISHED [PDF]
EUGENE HUNT, JUDGE:
CACR08-150. Evan Lee Monroe v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Hart and Griffen, JJ., agree. UNPUBLISHED [PDF]
CA07-1019. Gordon Tarter, Sr. v. Bill Webb, Charlene Hale, William Glasco, and Mrs. William Glasco, from Lonoke Circuit. Affirmed. Hart and Griffen, JJ., agree. UNPUBLISHED [PDF]
PER CURIAM DECISIONS
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
E08-90. Greenville Tube Company v. Director et al.
E08-91. Johnny M. Mears v. Director et al.
E08-93. Brenda Talley v. Director et al.
E08-94. Murtis Matthews v. Director et al.
E08-95. Flowers Baking Company v. Director et al.
E08-96. Billie J. Daniel v. Director et al.
E08-97. Belinda A. Holmes v. Director et al.
E08-98. Johnny H. Parnell, Sr. v. Director et al.
E08-99. Karen S. Stratton v. Director et al.
E08-100. Patricia Mitchell v. Director et al.
E08-101. Marie E. Hood v. Director et al.
PER CURIAM ORDERS
REHEARING GRANTED: Petition for Rehearing was granted today in the following case.
CA07-560. Tami L. Brock v. Bobby W. Eubanks, from Faulkner Circuit. See substituted opinion this date. Pittman, C.J., dissents. PUBLISHED [PDF]
*****************************
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CACR07-1302. Ronnie Dayberry v. State of Arkansas, from Stone Circuit.
*****************************
CACR08-292. Benny Creggett v. State of Arkansas, from Jefferson Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,400.00.
CACR08-297. Wayne Alan Dierks v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se petition for representation of counsel is denied without prejudice to refile with affidavit of indigency. See Ark. Sup. Ct. R. 6-6(b). Brief time extended by thirty days.
CACR08-336. James Dickerson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion for copy of transcript at public expense is denied.
CACR08-553. Wayne Alan Dierks v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se petition for representation of counsel is denied without prejudice to refile with affidavit of indigency. See Ark. Sup. Ct. R. 6-6(b). Brief time extended by thirty days.
CACR08-657. Damont L. Ewells v. State of Arkansas, from Garland Circuit. Motion of Danny R. Williams to withdraw as counsel for appellant is passed until case is submitted.
CACR08-680. David Childress v. State of Arkansas, from Lonoke Circuit. Appellant's motion to file belated brief and for brief time is granted. Brief due within thirty days.
CA07-1210. L. F. Brands Marketing, Inc. v. Dillards, Inc., from Pulaski Circuit, Twelfth Division. Appellee's second motion to strike is passed until case is submitted.
CA08-555. Henry Wayne Mills (Son) v. Henry Mills (Father), from Yell Circuit, Northern District. Appellant's motion to supplement brief is denied. Leave granted to file substituted abstract, brief and addendum within fifteen days.
CA08-856. Forrest Turbyfill v. Janice Turbyfill, from Polk Circuit. Appellee's motion to dismiss appeal is granted. Robbins, J., not participating.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR07-1338. Michael Justin Drake v. State of Arkansas, from Drew Circuit.
CACR08-41. Amy Hilbun v. State of Arkansas, from White Circuit.
CA08-60. James A. Knox and Holly Knox v. Regions Bank, N.A., from Faulkner Circuit.
*****************************
CACR07-952. Elbert Jones v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Maxine Isaacs for attorney's fees and costs.
CACR07-1126. Lisa Ann Rivers v. State of Arkansas, from Madison Circuit. Motion of Sharon Kiel for attorney's fees.
CACR08-55. Charlene E. Costes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles E. Smith for attorney's fees.
CACR08-64. James Delamar v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees.
CACR08-1057. Orlando L. Dosia v. State of Arkansas, from Howard Circuit. Appellant's motion to supplement the record and for brief time.
CA07-631. John O'Hara v. J. Christy Construction Co., Inc. et al., from Workers' Compensation Commission. Appellant’s motion for attorney's fees.
CA07-1217. Edmundo G. Rogers v. Cynthia Ann Rogers, from Benton Circuit. Appellant’s pro se motion for extension of time to file reply brief.
CA08-44. Ernest Reynolds v. Robertson Contractors, Inc. et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees.
CA08-551. Mary A. Coleman v. Friedman's, Inc. et al., from Workers' Compensation Commission. Appellees’ motion to dismiss appeal.
CA08-615. George Bruce Proctor and Patricia Catherine Proctor v. Max F. Vickers and Cheryl A. Vickers, from Prairie Circuit, Southern District. Appellants’ motion to withdraw request for oral argument.
CA08-674. Michael Griffin v. Arkansas Department of Human Services, from Columbia Circuit. Appellee's motion to file belated brief.
CA08-838. Paula Ard v. St. Vincent Health Services et al., from Workers' Compensation Commission. Appellees' motion to correct the record.
CA08-932. Mountain Home Flight Service, Inc. et al. v. Dan Hall et al., from Baxter Circuit. Appellants’ motion to correct the record and to stay brief time.
CA08-945. Shelba McKinney et al. v. Arkansas Cardiology et al., from Pulaski Circuit, Third Division. Appellant's petition for writ of certiorari to correct the record and for extension of brief time.
CA08-1037. Kevin Paul Knudsen v. Paula Jo Knudsen, from Miller Circuit. Amended motion of Brent M. Langdon to withdraw as counsel for appellant.
SUBMISSIONS
CA08-175. Louis C. Schmoll v. Hartford Casualty Insurance Company, from Conway Circuit. Argued orally.
CACR07-789. Christopher L. Branning v. State of Arkansas, from Boone Circuit.
CACR08-208. Wesley James Sawney, Jr. v. State of Arkansas, from Washington Circuit.
CACR08-254. Roger Dylan Rudd v. State of Arkansas, from Jackson Circuit.
CACR08-306. Johnny Elmo Morgan v. State of Arkansas, from Scott Circuit.
CACR08-308. Walker H. Hagar, III v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR08-331. Oliver L. Leak, Jr. v. State of Arkansas, from Ashley Circuit.
CACR08-338. Eric Paul Worth v. State of Arkansas, from Grant Circuit.
CACR08-468. Dale Roslyn Brooks v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR08-476. Sheila Blair v. State of Arkansas, from Saline Circuit.
CACR08-489. Larry Rice v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR08-542. Christopher W. Terrell v. State of Arkansas, from Poinsett Circuit.
CA07-1254. Billie Jo Greenlee v. J.B. Hunt Transport Services, Inc., from Benton Circuit.
CA07-1265. Albert Roland v. Commercial Bank and Trust Company, from Desha Circuit, Arkansas City District.
CA07-1322. Jim Defir v. Verna Reed, from Drew Circuit.
CA08-4. Karen Blanton v. Daisy Jackson, from Pulaski Circuit, Ninth Division.
CA08-21. Karla S. Handley v. Thaddeus Handley, from Jefferson Circuit.
CA08-105. John T. Payne II v. Keith Donaldson, from Chicot Circuit.
CA08-110. Dana Hicks v. Antique Warehouse of Arkansas, Inc., from Workers' Compensation Commission.
CA08-168. David W. Starkey v. Cathy F. Starkey, from Baxter Circuit.
CA08-222. Wade Finley, Deceased v. Farm Cat, Inc., from Workers' Compensation Commission.
CA08-267. D. L. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA08-330. Buil Diggs v. Gene Davis, from Garland Circuit.
CA08-471. Rick Brown v. Ben Frank, from Saline Circuit.