Opinions delivered
November 18, 2009
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LARRY D. VAUGHT, CHIEF JUDGE:
CA08-1405. Charles V. Grassi, Sr. v. James W. Hyden and Hyden, Miron & Foster, P.L.L.C., from Pulaski Circuit, Third Division. Rebriefing Ordered. Hart and Robbins, JJ., agree. [PDF]
CA09-244. Greg Seago v. Arkansas Department of Human Services, from Miller Circuit. Affirmed. Gladwin and Marshall, JJ., agree. [PDF]
CA09-699. Robert White v. Arkansas State Highway & Transportation Department, Public Employee Claims, and Second Injury Fund, from the Arkansas Workers’ Compensation Commission. Affirmed. Hart and Robbins, JJ., agree. [PDF]
JOHN MAUZY PITTMAN, JUDGE:
CACR08-458. Michael Anderson v. State of Arkansas, from Ashley Circuit. Rebriefing Ordered. Kinard and Baker, JJ., agree. [PDF]
JOSEPHINE LINKER HART, JUDGE:
CA09-691. Joy L. Despain v. Franklin Electric Company and Helmsman Management Services, LLC, from the Arkansas Workers’ Compensation Commission. Affirmed. Vaught, C.J., and Robbins, J., agree. [PDF]
ROBERT J. GLADWIN, JUDGE:
CA09-351. Brian Broderick v. Arkansas Department of Human Services, from Miller Circuit. Affirmed. Vaught, C.J., and Marshall, J., agree. [PDF]
CA09-536. Potlatch Corporation and Management Claims Solutions v. James Norman Word and Second Injury Fund, from the Arkansas Workers’ Compensation Commission. Affirmed; Remanded for Further Consideration. Glover and Brown, JJ., agree. [PDF]
CA09-850. W.T., a Juvenile, and Brenda Richards, Parent v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Glover and Brown, JJ., agree. [PDF]
JOHN B. ROBBINS, JUDGE:
CA09-309. A.C. Frein and Billye R. Frein, Trustees of the A.C. Frein and Billye R. Frein Revocable Trust; A.C. Frein, Trustee of the A.C. Frein Revocable Trust; Billye R. Frein, Trustee of the Billye R. Frein Revocable Trust; V.W. Williams Company, a Partnership; Mark M. Waldrip and Angela Waldrip; Angela Eason Waldrip, Individually and as a Custodian of Minor Children; Angela Eason Waldrip, as Custodian; Waldrip Farms, Inc.; Lowell Waldrip and Elizabeth Waldrip; and Rosa Mae Eason, Trustee of the Freemont D. Eason Irrevocable Trust and the Rosa Mae Eason Revocable Trust v. Windsor Weeping Mary, LP (as Successor in Interest to Windsor Weeping Mary, LLC), from Lee Circuit. Affirmed. Vaught, C.J., and Hart, J., agree. [PDF]
CA09-698. Huong B. Nguyen v. FM Corporation and S.B. Howard & Company, from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Vaught, C.J., and Hart, J., agree. [PDF]
M. MICHAEL KINARD, JUDGE:
CA08-1449. Robert Maulding v. Price’s Utility Contractors, Inc., Cincinnati Indemnity Co., Inc., Second Injury Fund, and Death & Permanent Total Disability Fund, from the Arkansas Workers’ Compensation Commission. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Pittman and Hart, JJ., agree. [PDF]
CA09-527. Kimberly Griffith v. Medcath, Inc. and Liberty Mutual Insurance Company, from the Arkansas Workers’ Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. [PDF]
CA09-606. Tonya Rodgers v. Arkansas Department of Human Services, from Craighead Circuit, Western District. Remanded to Settle the Record. Pittman and Baker, JJ., agree. [PDF]
RITA W. GRUBER, JUDGE:
CA09-754. William D. Pranter v. Herbie Daniell d/b/a Daniell Electric, Ohio Casualty Insurance Company, and Second Injury Fund, from the Arkansas Workers’ Compensation Commission. Affirmed. Marshall and Henry, JJ., agree. [PDF]
DAVID M. GLOVER, JUDGE:
CA09-293. Charles Koster v. Custom Pak & Trissel and Graham & Tool, Inc., from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Brown, JJ., agree. [PDF]
CA09-573. Anna McKellar v. Arkansas Department of Human Services, from Craighead Circuit, Western District. Affirmed; Motion to Withdraw Granted. Gladwin and Brown, JJ., agree. [PDF]
D. P. MARSHALL JR., JUDGE:
CACR09-220. Keith F. White v. State of Arkansas, from Union Circuit. Reversed and Dismissed. Pittman, Hart, and Robbins, JJ., agree. Baker and Brown, JJ., dissent. [PDF]
CA09-164. J.F. Valley v. Helena National Bank, from Phillips Circuit. Affirmed. Robbins and Baker, JJ., agree. [PDF]
CA09-350. Alphonso Reid v. Arkansas Department of Human Services, from Miller Circuit. Affirmed. Vaught, C.J., and Gladwin, J., agree. [PDF]
COURTNEY HUDSON HENRY, JUDGE:
CA09-41. Clara Harper v. Jimmy Cannon and ADE Investments, LLC, from Jefferson Circuit. Affirmed. Gruber and Marshall, JJ., agree. [PDF]
CA09-420. Intong Sivixay v. Danaher Tool Group, from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Kinard, Gruber, Baker, and Brown, JJ., agree. Robbins, J., dissents. [PDF]
CA09-511. Curtis Gardner v. Beverly Enterprises and Constitutional State Services, from the Arkansas Workers’ Compensation Commission. Affirmed. Gruber and Marshall, JJ., agree. [PDF]
KAREN R. BAKER, JUDGE:
CACR09-376. Flora Ruth Baker v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Gruber and Brown, JJ., agree. [PDF]
CA09-457. Debra Dick v. Conley Transport and Virginia Surety Co., from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Kinard, J., agrees. Pittman, J., concurs. [PDF]
CA09-485. Douglas White v. Kara White, from Pulaski Circuit, Ninth Division. Affirmed. Pittman and Kinard, JJ., agree. [PDF]
WAYMOND M. BROWN, JUDGE:
CA09-659. Charles W. Scott v. Liberty Supply, Inc., Massachusetts Bay Insurance Co., and Second Injury Fund, from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Glover, JJ., agree. [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
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 is granted. Hart, J., would deny.
CACR08-1203. Zane Edward Fair v. State of Arkansas, from Independence Circuit. Appellant's pro se motion to file belated brief is denied. Hart, J., would grant.
CACR08-1385. Edward Lee Carter v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for transcript is denied.
CACR09-240. Jeremy Jermane Hawkins v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $1,400.00.
CACR09-255. Scorpio Laron Carroll v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Kent Walker to withdraw as counsel for appellant is granted.
CACR09-256. Erskin M. Whitney v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles E. Smith for attorney's fees is granted. Allowed $1,400.00.
CACR09-972. Ricky Dale Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated brief is granted.
CA09-43. Cooper Standard Automotive, Inc. et al. v. Melanie Kelley, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Marshall, J., not participating.
CA09-359. City of Little Rock v. McGeorge Contracting Company, Inc., from Pulaski Circuit, Ninth Division. Appellee’s status report of stay of appeal. Appeal stayed. Status report due in sixty days.
CA09-538. Willie Hadley II v. Gulf States Toyota et al., from Pulaski Circuit, Third Division. Appellant's motion to reconsider dismissal is denied.
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 is passed until case is submitted.
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 is denied without prejudice. See Ark. R. Civ. P. 64(b).
CA09-883. Adrian David Minton v. Danny Minton et al, from Montgomery Circuit. Motion of James Graham and C. Shane Ethridge for extension of brief time and for substitution of counsel is granted.
CA09-1033. Terry Otter v. Arkansas Sex Offender Assessment Committee, from Jefferson Circuit. Appellant's motion to file belated brief is granted.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA08-958. George E. Dove, Sr. v. Patricia A. Dove, from Garland Circuit.
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CACR08-657. Damont L. Ewells v. State of Arkansas, from Garland Circuit. Motion of Danny R. Williams for attorney's fees.
CACR09-370. Antonio Daniels v. State of Arkansas, from Drew Circuit. Appellant's motion for extension of brief time.
CACR09-789. Jeremy Leonard v. State of Arkansas, from Drew Circuit. Appellant's motion for extension of brief time.
CACR09-890. Anthony D. Josenberger v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement the record
CACR09-932. Cornelius Dale Earl v. State of Arkansas, from White Circuit. Motion of Jeff Rosenzweig to be substituted as retained counsel for appellant.
CACR09-1210. Avery Bernard Morgan v. State of Arkansas, from Faulkner Circuit. Motion of Boyd Tackett, Jr. to be relieved as counsel for appellant and for appointment of Caroline Winningham as appellate counsel.
CA08-1340. William Bean v. Global Geophysical Services, from Workers' Compensation Commission. Appellant's motion for attorney's fees.
CA09-120. Cleo Watkins et al. v Southern Farm Bureau Casualty Insurance Company., from Pulaski Circuit, Sixth Division. Appellants' motion for costs.
CA09-283. Donald R. Johnson et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellants' motion to consolidate appeals CA08-128 and CA09-283.
CA09-304. Willis B. Smith, Jr. and Patty F. Smith v. Arkansas Public Service Commission, from Public Service Commission. Appellants’ motion to consolidate CA09-304 with CA09-283 and CA08-128.
CA09-369. Gary W. Peters v. Toby Doyle, from Workers' Compensation Commission. Appellant's motion for attorney's fees.
CA09-385. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellees’ joint motion to separate Arkansas Public Service Commission dockets filed jointly on appeal.
CA09-534. Baron K. Rhodes v. Commercial Metals Co., from Workers' Compensation Commission. Appellee's motion to file belated brief and for brief time.
CA09-1023. Hughes School District et al. v. Peggy Bain et al., from Workers' Compensation Commission. Second Injury Fund's motion to set separate briefing schedule.
CA09-1049. Carol Diane Conway et al. v. Hi-Tech Engineering, Inc. et al., from Garland Circuit. Appellee’s motion for substitution of lead counsel.
SUBMISSIONS
CA08-1243. Tiffany Benedetto v. Justin Wooten Construction, LLC, from Faulkner Circuit. Argued orally.
CA09-378. Selrahc Limited Partnership et al. v. Seeco, Inc., et al., from Van Buren Circuit. Argued orally.
CACR08-704. Daniel Sanders v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR08-1356. Latore Durand Gossett v. State of Arkansas, from Clark Circuit.
CACR08-1477. Matthew Cole Hagen v. State of Arkansas, from Garland Circuit.
CACR09-96. Lorri Jean Rye v. State of Arkansas, from Crawford Circuit.
CACR09-152. Ronney Wayne Cain v. State of Arkansas, from Washington Circuit.
CACR09-165. Rafael Gonzalez v. State of Arkansas, from Sevier Circuit.
CACR09-172. C. Scott Mannis v. State of Arkansas, from Arkansas Circuit, Northern District.
CACR09-212. Trozzie Lavelle Turner v. State of Arkansas, from Columbia Circuit.
CACR09-223. Ricky Lee McDaniels v. State of Arkansas, from Poinsett Circuit.
CACR09-409. Levert Brown v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA09-108. John Truitt v. Mary Jane Freeman, from Poinsett Circuit.
CA09-136. Jessica Schmit Chrisp v. Robert M. Schmit, from Benton Circuit.
CA09-518. Stephanie Duke v. John Selig, Director DHHS, from Pulaski Circuit, Third Division.
CA09-585. Richard E. Williams and Kathy Williams v. Southern Farm Bureau Casualty Insurance Co., from Mississippi Circuit, Chickasawba District.
CA09-604. Nancy Siegel v. Bill Halley, from Pulaski Circuit, Sixth Division.
CA09-617. Joyce Welcher v. Davis Nursing Home, from Workers' Compensation Commission.
CA09-626. Joe Neil v. Barbara Phillips, from Benton Circuit.
CA09-638. Ronald Tadlock v. Arkansas Department of Human Services, from Garland Circuit.
CA09-640. Robbi Miller Hatfield v. Joseph C. Miller, from Pulaski Circuit, Seventeenth Division.
CA09-642. Harold Stacks v. Angela Stacks, from Washington Circuit.
CA09-814. Ronald Tadlock v. Arkansas Department of Human Services, from Garland Circuit.
CA09-837. Staffmark Investments, LLC v. James King, from Workers' Compensation Commission.