Opinions delivered
November 11, 2009
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LARRY D. VAUGHT, CHIEF JUDGE:
CACR09-395. Sherman Watson v. State of Arkansas, from Hot Spring Circuit. Affirmed. Gladwin and Marshall, JJ., agree. [PDF]
CA09-299. Bryan Foster v. Kann Enterprises and Zurich American Insurance Company, from the Arkansas Workers’ Compensation Commission. Affirmed in Part; Reversed in Part. Gladwin and Marshall, JJ., agree. [PDF]
JOHN MAUZY PITTMAN, JUDGE:
CA09-362. Arlands, LLC v. Farmers Bank & Trust Company, from Mississippi Circuit, Chickasawba District. Affirmed. Hart and Glover, JJ., agree. [PDF]
JOSEPHINE LINKER HART, JUDGE:
CA09-483. Associated Building & Development and Bituminous Casualty Corp. v. Robert Newby and Second Injury Fund, from the Arkansas Workers’ Compensation Commission. Affirmed. Pittman and Glover, JJ., agree. [PDF]
ROBERT J. GLADWIN, JUDGE:
CA09-524. Ayers Drywall and Insulation, and AIG Claim Services, Inc. v. Ronald Carey, from the Arkansas Workers’ Compensation Commission. Affirmed. Vaught, C.J., and Marshall, J., agree. [PDF]
JOHN B. ROBBINS, JUDGE:
CACR09-631. Pedro Lopez v. State of Arkansas, from Lonoke Circuit. Affirmed. Henry and Brown, JJ., agree. [PDF]
CA09-726. Karen Hardy v. Arkansas Department of Human Services, from Ashley Circuit. Reversed and Remanded. Kinard and Henry, JJ., agree. [PDF]
M. MICHAEL KINARD, JUDGE:
CA08-1170. Jason Shively v. Michelle Shively Plautz, from Cleburne Circuit. Affirmed. Robbins and Henry, JJ., agree. [PDF]
RITA W. GRUBER, JUDGE:
CACR09-288. Ronnie Dean Davis v. State of Arkansas, from Jackson Circuit. Affirmed. Baker and Brown, JJ., agree. [PDF]
CA09-455. Joseph Bearden, Jr. v. Arkansas Department of Human Services and Minor Child, from Washington Circuit. Affirmed. Vaught, C.J., agrees. Hart, J., concurs. [PDF]
DAVID M. GLOVER, JUDGE:
CA08-1143. Tim Johnson v. Arkansas Steel Erectors; Commerce and Industry Insurance Company/AIG Claims Service; Erin, Inc., and Robert S. Harris, Jr., from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Pittman and Hart, JJ., agree. [PDF]
CA09-21. Jeff Nix, Angela Nix, and Daphne McGregor v. Sidney R. Owen and Lela Ann Owen, from Lincoln Circuit. Affirmed. Pittman and Hart, JJ., agree. [PDF]
COURTNEY HUDSON HENRY, JUDGE:
CACR09-589. Richard Lea Colvin v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins and Kinard, JJ., agree. [PDF]
CA09-147. Leonard D. McCracken v. Tammy G. McCracken, from Conway Circuit. Affirmed. Kinard, J., agrees. Robbins, J., concurs. [PDF]
KAREN R. BAKER, JUDGE:
CA09-366. Trudy Matlock v. James Matlock, from Boone Circuit. Affirmed. Gruber and Brown, JJ., agree. [PDF]
CA09-419. Curt Bean Transport, Inc. and Compensation Managers, Inc. v. Lawrence Hill, from the Arkansas Workers’ Compensation Commission. Affirmed. Gruber and Brown, JJ., agree. [PDF]
CA09-849. M.T., a Minor v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Gruber and Brown, JJ., agree. [PDF]
WAYMOND M. BROWN, JUDGE:
CA09-216. Robert Spriggs v. Arkansas Local Police & Fire Retirement Board, from Pulaski Circuit, Thirteenth Division. Rebriefing Ordered. Gruber and Baker, JJ., agree. [PDF]
CA09-480. SSI, Inc. and Bituminous Insurance Company v. George W. Cates, from the Arkansas Workers’ Compensation Commission. Affirmed. Gruber and Baker, JJ., agree. [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA08-1111. Richard Roeben v. Tim Sneed et al., from Pulaski Circuit, Third Division.
CA08-1111. Richard Roeben v. Kelly Snellgrove et al., from Pulaski Circuit, Third Division.
CA08-1226. Troy Butcher, as Guardian of Thelma Healy v. Diane Beatty, as Personal Representative of John Healy’s Estate, from Hot Spring Circuit. Vaught, C.J., Pittman, Gladwin, and Baker, JJ., would grant.
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CACR08-1251. Luis Camacho-Mendoza v. State of Arkansas, from Crawford Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,400.00.
CACR08-1342. Keith Webster v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of B. Kevin Holland for attorney's fees is granted. Allowed $1,400.00.
CACR08-1344. Shelton Wormley v. State of Arkansas, from Drew Circuit. Appellant's motion for appeal bond is denied.
CACR08-1385. Edward Lee Carter v. State of Arkansas, from Garland Circuit. Motion of Timothy Beckham for attorney's fees is granted. Allowed $1,400.00.
CACR08-1391. Felipe Nevarez Ibarra v. State of Arkansas, from Washington Circuit. Motion of Victor D. "Trey" Wright III for attorney's fees is granted. Allowed $1,400.00.
CACR09-192. Souvanny Mingboupha v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Daniel Stewart for attorney's fees is granted. Allowed $1,400.00.
CACR09-345. Daniel Dorsey v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for reconsideration regarding points for reversal is granted. Motion filed as appellant's pro se points for reversal.
CACR09-368. Paul Douglas Gill v. State of Arkansas, from Union Circuit. Appellant's motion for extension of brief time after remand is granted.
CACR09-764. James A. Holliday v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal is denied.
CACR09-764. James A. Holliday v. State of Arkansas, from Benton Circuit. Appellant's petition for writ of certiorari to complete the record and for briefing schedule is granted. Record deemed supplemented. Appellant's substituted brief due within thirty days. Appellee's brief due within thirty days thereafter.
CACR09-778. Frederick Childs v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to correct the record is remanded to the trial court to settle the record within thirty days. Appellant's brief due within thirty days thereafter.
CACR09-809. Donte Chambers v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal is granted for lack of jurisdiction.
CACR09-934. Brian K. Walker v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Brian K. Walker for substitution of counsel and for brief time is granted. Lloyd W. "Tre" Kitchens, III is substituted as counsel for appellant. Appellant's brief due within thirty days. Marshall, J., not participating.
CACR09-1146. Terry Moss v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement the record is denied.
CA08-982. Nationwide Assurance Company and John Neralich v. Michael Lobov, from Washington Circuit. Appellee's motion for attorney's fees is denied. Vaught, C.J., not participating.
CA09-663. Dorothy Johnson v. Wackenhut Corporation et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal is granted.
CA09-973. Thurstle Mullen v. Mike Taylor et al., from Crawford Circuit. Appellant's pro se motion for stay of time for filing of appellant's brief pending court of appeals ruling on whether circuit court order is a final order for appeal purposes is denied without prejudice. Appellant's brief due within thirty days.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA08-1486. Michael A. Hayes v. Sandra L. Otto, from Pulaski Circuit, Fourteenth Division.
E09-80. Elinda J. Stribling v. Director et al., from Board of Review.
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CACR08-1203. Zane Edward Fair v. State of Arkansas, from Independence Circuit. Appellee's motion to dismiss appeal.
CACR08-1203. Zane Edward Fair v. State of Arkansas, from Independence Circuit. Appellant's pro se motion to file belated brief.
CACR08-1385. Edward Lee Carter v. State of Arkansas, from Garland Circuit. Appellant’s pro se motion for transcript.
CACR09-240. Jeremy Jermane Hawkins v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr., for attorney's fees.
CACR09-255. Scorpio Laron Carroll v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Kent Walker to withdraw as counsel for appellant.
CACR09-256. Erskin M. Whitney v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles E. Smith for attorney's fees.
CACR09-972. Ricky Dale Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated brief.
CA09-43. Cooper Standard Automotive, Inc. and St. Paul Travelers Insurance Co. v. Melanie Kelley, from Workers' Compensation Commission. Appellee's motion for attorney's fees.
CA09-359. City of Little Rock v. McGeorge Contracting Company, Inc., from Pulaski Circuit, Ninth Division. Appellee’s status report of stay of appeal.
CA09-538. Willie Hadley II v. Gulf States Toyota et al., from Pulaski Circuit, Third Division. Appellant's motion to reconsider dismissal.
CA09-792. John T. Payne, II v. Keith Donaldson, d/b/a Donaldson Wrecker Service, from Chicot Circuit. Appellant's motion to strike appellee's statement of the case.
CA09-861. Mike Nobles v. Robbyn Tumey, from Sebastian Circuit, Fort Smith District. Motion of Mark Horoda to withdraw as counsel for appellee and for brief time.
CA09-883. Adrian David Minton v. Danny Minton et al., from Montgomery Circuit. Motion of James L. Graham and C. Shane Ethridge for extension of brief time and for substitution of counsel.
CA09-1033. Terry Otter v. Arkansas Sex Offender Assessment Committee, from Jefferson Circuit. Appellant's motion to file belated brief.
SUBMISSIONS
CA08-825. Jerry M. Turley v. Gerald R. Staley et al., from Pulaski Circuit, Third Division. Argued orally.
CA08-1327. Bill Carlson and Jane Carlson v. Kelso Drafting & Design, Inc. et al., from Garland Circuit. Argued orally.
CA08-640. Tasha Orr, Personal Representative v. Timothy Calicott, M.D. and Stephen Hudson, M.D., from Faulkner Circuit. Argued orally at 11:00 a.m.
CACR08-408. Frederick Dwayne Mason v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR08-1252. Amy Ladonna Elkins v. State of Arkansas, from Crawford Circuit.
CACR08-1408. Corey J. Mosley v. State of Arkansas, from Miller Circuit.
CACR09-570. Phillip Anderson and Mark A. Stephen v. State of Arkansas, from Hot Spring Circuit.
CACR09-763. Trent Richardson v. State of Arkansas, from Faulkner Circuit.
CACR09-817. James Michael McKim v. State of Arkansas, from Saline Circuit.
CA09-30. Jesse Stickels v. Josh Heckel, from Garland Circuit.
CA09-109. Steven Diddle v. Westwood Health & Rehabilitation, Inc., from Workers' Compensation Commission.
CA09-237. Nelta Halk v. Jim Halk, from Cross Circuit.
CA09-246. Robert Dotson, Sr. v. Irma L. Dotson, from Carroll Circuit, Eastern District.
CA09-406. Ronny L. Trimble v. North Pacific Group, from Workers' Compensation Commission.
CA09-489. Terri Ann Eubanks Lee v. Christopher Dale Eubanks, from Faulkner Circuit.
CA09-551. Christopher Ausler v. J. B. Hunt, from Workers' Compensation Commission.
CA09-594. Robert Baxter, Sr. et al. v. David Peters, from Crawford Circuit.
CA09-601. Lillian H. Ashton Trust et al. v. Kenny Caraway, from Izard Circuit.
CA09-615. Thurstle Mullen v. Agnes Shockley, from Craighead Circuit, Western District.
CA09-628. Rebecca Petty Turner v. Arkansas Department of Human Services, from Ouachita Circuit.
CA09-636. Dewayne Provence et al. v. National Carriers, Inc., from Washington Circuit.
CA09-697. Steven Tucker v. Cooper Standard Automotive, Inc., from Workers' Compensation Commission.
CA09-724. Lisa Denning v. Wal-Mart Associates, Inc., from Workers' Compensation Commission.
CA09-732. Richard Wilson v. Smufit Stone Container, from Workers' Compensation Commission.
CA09-734. Vertis Davis v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.
The following cases are appeals from the Arkansas Board of Review.
E09-105. Bradley S. Baldwin v. Director et al.
E09-106. Ire J. Thomas v. Director et al.
E09-107. Betty Graffius v. Director et al.
E09-108. Preston Avery v. Director et al.
E09-109. Rhonda L. Young v. Director et al.
E09-110. Connie A. Smith v. Director et al.
E09-111. Stonehaven Assisted Living v. Director et al.
E09-112. Linda J. Oppel v. Director et al.
E09-113. Harold D. Phillips v. Director et al.
E09-114. Larry R. Carter, Jr. v. Director et al.
E09-115. Arkansas Support Network v. Director et al.
E09-116. Cindy M. Glaspy v. Director et al.