Opinions delivered
November 5, 2008
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JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR08-59. Steven Richards v. State of Arkansas, from Saline Circuit. Affirmed. Hart and Griffen, JJ., agree. UNPUBLISHED [PDF]
CACR08-301. Alfred M. Andrade v. State of Arkansas, from Sebastian Circuit, Fort Smith Division. Affirmed. Gladwin, Heffley, and Baker, JJ., agree. Hart and Hunt, JJ., dissent. UNPUBLISHED [PDF]
CA07-1254. Billie Jo Greenlee v. J.B. Hunt Transport, Inc., et al., from Benton Circuit. Rebriefing Ordered. Hart, Gladwin, and Heffley, JJ., agree. Baker, J., concurs. Hunt, J., dissents. UNPUBLISHED [PDF]
JOSEPHINE LINKER HART, JUDGE:
CACR08-298. Randolph Morris v. State of Arkansas, from Ashley Circuit. Affirmed. Pittman, C.J., and Griffen, J., agree. UNPUBLISHED [PDF]
CACR08-306. Johnny Elmo Morgan v. State of Arkansas, from Scott Circuit. Reversed and Dismissed. Heffley, J., agrees. Gladwin, J., concurs. UNPUBLISHED [PDF]
CA07-1125. Larry J. Hartsfield v. Benjamin W. Lescher, Ann Madison Lescher, Susan Corcoran Lescher, and Mary Thomas Sneed, from Cross Circuit. Affirmed. Gladwin and Heffley, JJ., agree. PUBLISHED [PDF]
CA08-118. Robert Tanner v. Carroll County, Arkansas, from Carroll Circuit, Eastern District. Affirmed. Griffen, J., agrees. Pittman, C.J., concurs. UNPUBLISHED [PDF]
ROBERT J. GLADWIN, JUDGE:
CACR08-361. Brouce Holden v. State of Arkansas, from Lonoke Circuit. Affirmed. Vaught and Hunt, JJ., agree. PUBLISHED [PDF]
CA08-279. Robert Randolph Tuohey v. Brenda Kay Tuohey, from Pulaski Circuit, Seventeenth Division. Affirmed. Vaught and Hunt, JJ., agree. UNPUBLISHED [PDF]
JOHN B. ROBBINS, JUDGE:
CACR08-385. James J. Scott v. State of Arkansas, from Scott Circuit. Affirmed. Glover and Heffley, JJ., agree. UNPUBLISHED [PDF]
CA08-541. Moses Mullins v. Abernathy Motor Co., from Mississippi Circuit, Chickasawba District. Affirmed. Glover and Heffley, JJ., agree. UNPUBLISHED [PDF]
SAM BIRD, JUDGE:
CA08-483. Statewide Outdoor Advertising, LLC, and Sears Gentry v. Town of Avoca, Arkansas, from Benton Circuit. Reversed and Remanded. Griffen and Glover, JJ., agree. PUBLISHED [PDF]
WENDELL GRIFFEN, JUDGE:
CA08-152. Averitt Express, Inc., American Casualty Company v. Gary D. Gilley, from the Arkansas Workers’ Compensation Commission. Affirmed. Hart, Gladwin, Baker, and Hunt, JJ., agree. Pittman, C.J., Robbins, Vaught, and Heffley, JJ., dissent. PUBLISHED [PDF]
CA08-515. Alice Huckabee v. Wal-Mart, Inc. and Claims Management Ins., from the Arkansas Workers’ Compensation Commission. Reversed and Remanded for Award of Benefits. Bird and Glover, JJ., agree. PUBLISHED [PDF]
DAVID M. GLOVER, JUDGE:
CACR08-596. Robert Reddin v. State of Arkansas, from Union Circuit. Affirmed. Robbins and Heffley, JJ., agree. UNPUBLISHED [PDF]
CA08-330. Buil Diggs and Alice Mae Diggs v. Joyce Davis, from Garland Circuit. Affirmed. Bird and Griffen, JJ., agree. UNPUBLISHED [PDF]
CA08-370. Lennon Whitfield and Mary Whitfield v. Seminole Contracting, Inc., from Mississippi Circuit, Osceola District. Reversed and Remanded. Robbins and Heffley, JJ., agree. UNPUBLISHED [PDF]
D.P. MARSHALL JR., JUDGE:
CA08-452. Lavearn Moody v. Addison Shoe Company, Crockett Adjustment Co., TPA, and Munro & Company, from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Robbins and Vaught, JJ., agree. PUBLISHED [PDF]
LARRY D. VAUGHT, JUDGE:
CA07-1154. Sherry Holdings, LLC, and Sherry Groves, Individually v. Robert Hefley, from Carroll Circuit, Eastern District. Reversed and Remanded. Glover and Baker, JJ., agree. UNPUBLISHED [PDF]
CA08-325. Letesha Dean Morgan v. Deluxe Video Services, Inc. and Liberty Mutual Insurance Co., from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Hunt, JJ., agree. UNPUBLISHED [PDF]
CA08-411. Christon R. Jenkins and Amanda S. Jenkins v. William R. Yoder and Margaret C. Yoder, from Pulaski Circuit, Thirteenth Division. Affirmed. Gladwin and Hunt, JJ., agree. UNPUBLISHED [PDF]
SARAH J. HEFFLEY, JUDGE:
CACR07-1157. Ronald Blanchard v. State of Arkansas, from Saline Circuit. Reversed and Remanded. Hart and Gladwin, JJ., agree. PUBLISHED [PDF]
CA08-18. Jim and Terry Davis v. William and Deborah Badley and Larry Carter d/b/a Carter Realty, from Randolph Circuit. Affirmed. Hart and Gladwin, JJ., agree. UNPUBLISHED [PDF]
CA08-296. Tarequis Fields v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Affirmed. Pittman, C.J., Gladwin, and Hunt, JJ., agree. Hart and Baker, JJ., dissent. PUBLISHED [PDF]
KAREN R. BAKER, JUDGE:
CA07-1293. Tamara Kay Wesley v. Carlos Deshaun Hall, from Washington Circuit. Affirmed. Hart, Bird, and Heffley, JJ., agree. Pittman, C.J., concurs. Hunt, J., dissents. PUBLISHED [PDF]
CA08-477. Legacy Development of Northwest Arkansas, LLC v. Michael S. Kinne and Kari E. Kinne, from Washington Circuit. Affirmed. Bird and Marshall, JJ., agree. UNPUBLISHED [PDF]
EUGENE HUNT, JUDGE:
CA08-286. Dennis Schleifer v. Kenny Sells and Kenny Sells Family Trust, from Montgomery Circuit. Affirmed. Pittman, C.J., and Baker, J., 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).
E08-114. Sandra D. Eggers v. Director et al.
E08-115. Shelly L. Hoyt v. Director et al.
E08-116. Herman L. Horace v. Director et al.
E08-117. Russellville Family Clinic, P.A. v. Director et al.
E08-118. Lapanda S. Haynie v. Director et al.
E08-119. Louis Brooks v. Director et al.
E08-120. Yolanda L. Johnson v. Director et al.
E08-121. Mark Yarbrough v. Director et al.
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CACR07-956. Johnny Evans v. State of Arkansas, from Union Circuit.
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CACR07-929. Kelly Harrison Campbell v. State of Arkansas, from Lonoke Circuit. Appellant's motion for extension of brief time is granted.
CACR08-308. Walker H. Hagar, III v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.
CACR08-318. James Harold Brooks, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. EIlis for attorney's fees is granted. Allowed $1,400.00.
CACR08-331. Oliver L. Leak, Jr. v. State of Arkansas, from Ashley Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees is granted. Allowed $1,400.00.
CACR08-633. Michael Spiro Cora v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal is denied.
CACR08-633. Michael Spiro Cora v. State of Arkansas, from Saline Circuit. Appellant's motion to file belated brief is granted. Brief due within thirty days. Final extension.
CACR08-666. Leland Allen Radford v. State of Arkansas, from Crawford Circuit. Appellant's motion to file substituted abstract, brief and addendum is granted.
CACR08-666. Leland Allen Radford v. State of Arkansas, from Crawford Circuit. Appellee's motion for additional brief time is granted.
CA08-44. Ernest Reynolds v. Robertson Contractors, Inc. et al., from Workers' Compensation Commission. Appellees' motion for reconsideration of award of attorney’s fees and costs is denied. Pittman, C.J., and Marshall, J., not participating.
CA08-739. Bobbie Bruce et al. v. Floyd Hancock et al., from Poinsett Circuit. Appellants' joint motion to complete the record and for extension of brief time is granted.
CA08-739. Bobbie Bruce et al. v. Floyd Hancock et al., from Poinsett Circuit. Appellant's motion to supplement the record with notice of appeal is granted.
CA08-934. Union Pacific Railroad et al. v. Victor S. Vickers et al., from Lafayette Circuit. Motion of the Association of American Railroads for leave to file amicus curiae brief in support of appellants is granted. Pittman, C.J., Marshall and Heffley, JJ., not participating.
CA08-934. Union Pacific Railroad et al. v. Victor S. Vickers et al., from Lafayette Circuit. Motion of the Chamber of Commerce of the U.S.A., the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas, Inc., for leave to file an amicus curiae brief in support of appellants is granted. Pittman, C.J., Marshall and Heffley, JJ., not participating.
CA08-934. Union Pacific Railroad et al. v. Victor S. Vickers et al., from Lafayette Circuit. Motion of Product Liability Advisory Counsel, Inc. for permission to file amicus curiae brief in support of appellants is granted. Pittman, C.J., Marshall and Heffley, JJ., not participating.
CA08-1043. Sherrie Lynn Teague v. Rex Terry Teague, from Hot Spring Circuit. Appellant's motion to amend brief. Leave granted to file substituted abstract, brief and addendum within fifteen days.
CA08-1101. Bodey Aaron Carson v. Ashley Brooke Carson, from Washington Circuit. Motion of Dana Dean Watson for leave to withdraw as counsel for appellee is denied without prejudice. See Ark. R. Civ. P. 64(b).
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA08-582. Dustin Tuck v. Arkansas Department of Human Services, from Crawford Circuit.
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CACR07-899. Ruben Marmolejo v. State of Arkansas, from Benton Circuit. Motion of George B. Morton for attorney's fees.
CACR08-476. Sheila Blair v. State of Arkansas, from Saline Circuit. Motion of F. Parker Jones, III for attorney's fees.
CACR08-1018. Daryl Kent Medlock v. State of Arkansas, from Crawford Circuit. Appellant's motion to file belated brief.
CACR08-1116. John Fitzpatrick v. State of Arkansas, from Cleburne Circuit. Appellant's motion to supplement the record.
CA07-1217. Edmundo G. Rogers v. Cynthia Ann Rogers, from Benton Circuit. Appellant's motion to file belated brief.
CA08-364. Dustin McDaniel, Attorney General et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellant's motion for stay and extension of time to file reply briefs.
CA08-364. Dustin McDaniel, Attorney General et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of Consumer Utilities Rate Advocacy Division of Arkansas Attorney General to strike supplemental addendum and portions of Appellee Entergy Arkansas, Inc.'s brief in response to brief of Appellant Arkansas Electric Energy Consumers.
CA08-364. Dustin McDaniel, Attorney General et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of Consumer Utilities Rate Advocacy Division of Arkansas Attorney General to strike portions of supplemental addendum and brief of Appellee Entergy Arkansas, Inc.'s in response to brief of Appellant Arkansas Attorney General.
CA08-364. Dustin McDaniel, Attorney General et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of Consumer Utilities Rate Advocacy Division of Arkansas Attorney General to strike supplemental addendum and portions of the brief of Appellee Arkansas Public Service Commission.
CA08-834. Beverly Enterprises, Inc. et al. v. Valerie Keaton, from Ouachita Circuit. Motion of American Tort Reform Association, Chamber of Commerce of the U.S.A., Nat'l Association of Manufacturers, NFIB Small Business Legal Center, Coalition for Litigation Justice, Inc., American Insurance Association, Property Casualty Insurers Association of America, Nat'l Association of Mutual Insurance Companies, American Chemistry Council, American Petroleum Institute, American Health Care Assn., and the Nat'l Center for Assisted Living, Pharmaceutical Research and Manufacturers of America, American Trucking Associations, and Association of American Railroads for leave to file amici curiae brief in support of appellants.
SUBMISSIONS
CA07-1205. Southern States Cooperative, Inc. v. Merchants & Farmers Bank et al., from Desha Circuit, Arkansas City District. Argued orally.
CACR08-67. Clifford Joe Pullan v. State of Arkansas, from Crawford Circuit.
CACR08-321. Joe Richardson v. State of Arkansas, from Saline Circuit.
CACR08-463. Nathan Darnell Armstrong v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR08-484. Serapio T. Garcia v. State of Arkansas, from Crittenden Circuit.
CACR08-573. Timmie L. Howard v. State of Arkansas, from Dallas Circuit.
CA07-1187. Richard Lewis v. Arkansas Pulpwood Company, Inc., from Ouachita Circuit.
CA07-1304. Khevaja Nazimuddin v. Christy Self, from Scott Circuit.
CA08-52. Christopher Wayne Roberts v. Robin YanYan Roberts Yang, from Pulaski Circuit, Seventeenth Division.
CA08-349. Jerry Hampton v. Leroy Roberts, from Boone Circuit.
CA08-440. Donald Bonds v. IC Corporation, from Workers' Compensation Commission.
CA08-495. Hong Nguyen v. Riverside Furniture, from Workers' Compensation Commission.
CA08-519. Cedric Walker v. Cooper Automotive, from Workers' Compensation Commission.
CA08-557. Jessica Neal v. Sparks Regional Medical Center, from Workers' Compensation Commission.
CA08-687. Randy E. Lewis v. Auto Parts & Tire Co., Inc., from Workers' Compensation Commission.
CA08-768. Charles Rohr, Sr. v. Arkansas Department of Human Services, from Lonoke Circuit.
The following cases are appeals from the Arkansas Board of Review.
E08-122. Adriane L. Page-Namoku v. Director et al.
E08-123. Donald J. Ratzlaff v. Director et al.
E08-125. William L. Hines v. Director et al.
E08-126. Steven R. Bedford v. Director et al.
E08-127. Michael Huff v. Director et al.
E08-128. Robert L. Traylor v. Director et al.
E08-129. Jerry Sellars v. Director et al.
E08-131. Gina D. Relyea v. Director et al.