ARKANSAS COURT OF APPEALS

Opinions delivered
May 26, 2004


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JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-177. John E. Kiesling, Jr., Carroll Cone, Sr., and Caroline M. Cone v. Jeffery Smith and Sandra Smith, from Jefferson Circuit. Rebriefing Ordered. Gladwin and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-680. William Bradford, II v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Neal and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-895. Theodore Widen II and Phyllis Charmayne Widen v. State of Arkansas, from Faulkner Circuit. Affirmed. Stroud, C.J., agrees. Gladwin, J., concurs. (7 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CACR03-1331. Anthony Farmer v. State of Arkansas, from Lonoke Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-801. Rico Hampton v. State of Arkansas, from Bradley Circuit. Rebriefing Ordered. Vaught and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-222. Consumer Utilities Rate Advocacy Division of the Attorney General's Office v. Arkansas Public Service Commission et al., from Arkansas Public Service Commission. Affirmed. Hart, Gladwin, Vaught, Baker, and Roaf, JJ., agree. (26 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-1262. Katrina Kosobucki v. Arkansas Department of Human Services, from Logan Circuit. Affirmed. Stroud, C.J., agrees. Pittman, J., concurs. (7 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-411. Lamar Outdoor Advertising v. Arkansas Highway and Transportation Department, from Pulaski Circuit. Affirmed. Gladwin, Bird, and Crabtree, JJ., agree. Robbins and Roaf, JJ., dissent. (10 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-1081. Charlotte Rose Shepherd v. St. Edward Mercy Medical Center, from Sebastian Circuit. Affirmed. Baker, J., agrees. Pittman, J., concurs. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-938. Steven Ellis v. State of Arkansas, from Clark Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1183. Gregory Scott Carr v. Anne Douglas Millar and John P. Millar, from Lonoke Circuit. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-959. Kevin Rowe v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-599. Joyce Dickson and Loretta Wortham v. Phil Smith, Administrator of the Estate of Lyle Dickson, Deceased, from Arkansas Circuit. Affirmed. Bird and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1214. Cherrina Harris v. Burger King, from Arkansas Workers' Compensation Commission. Reversed and Remanded. Robbins and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Affirmed. Hart and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1031. William Charles Lindsey v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman and Neal, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1133. Marjorie Downs v. James E. Downs, from Polk Circuit. Affirmed in Part, Reversed and Remanded in Part on Direct Appeal; Affirmed on Cross-Appeal. Pittman and Neal, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1240. SafeCo Corporation and General Insurance Company of America v. Gerald Boyer and Second Injury Fund, from Arkansas Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

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).

E04-21. Delander C. Moody v. Director et al.

E04-24. Kimberly J. Frost v. Director et al.

E04-39. Rhonda L. Johnson v. Director et al.

E04-41. Leslie Piggee v. Director et al.

E04-43. Minnie R. Frazier v. Director et al.

E04-44. Claudia Burks v. Director et al.

E04-45. Clairday Food Service Ent., Inc. v. Director et al.

E04-47. Gary W. Scott v. Director et al.

E04-48. Gary L. Butcher v. Director et al.

E04-49. Gisela Schumann v. Director et al.

E04-50. Chalene D. Adcock v. Director et al.

E04-51. Dyann Beasley v. Director et al.

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

 CA03-892. Miguel Amador v. Amador Contracting and AIG Claim Services, Inc., from Workers' Compensation Commission. See concurring opinion this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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CACR03-520. Mark McArthur v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR03-1063. Preston Ray Strickland 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.

CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time is granted. Stroud, C.J., would make this final extension. Crabtree, J., would deny.

CACR04-67. Charles Fitzgerald McCrary v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record is granted.

CACR04-193. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record. Remanded to the trial court to settle the record within 30 days. Appellant's brief due 30 days thereafter.

CACR04-195. Richard Alan Thomas v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief and for brief time is granted. Appellant's brief due June 10, 2004.

CA03-598. James E. O'Hern v. Nancy Brown O'Hern, from Sebastian Circuit, Fort Smith District. Appellee's motion for attorney's fees is denied. Costs assessed on mandate.

CA03-676. Stephanie Miller v. Arkansas Department of Human Services, from Greene Circuit. Motion of Val P. Price for attorney's fees and costs is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

CA03-771. Rhonda Smith v. Robert Newton Morris, from Pope Circuit. Appellant's motion to expedite is denied.

CA03-1155. Louise A. Henyan et al. v. Richard D. Peek, M.D., from Pulaski Circuit, Second Division. Appellee's motion for oral argument is denied.

CA03-1273. Rolinda Kight v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Rita B. Atkinson to withdraw as counsel for appellant and for appointment of counsel is granted. Katherine Blackmon-Solis is appointed to represent the appellant.

CA03-1447. Jody K. Nail v. Tony N. Reddell et al., from Prairie Circuit, Northern District. Appellant's motion for additional brief time is granted.

CA03-1467. Bernice Marks v. London Hampton, Jr., from Jefferson Circuit. Appellant's motion to file belated supplemental record and to modify briefing schedule is granted. Appellant's brief due in 30 days.

CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motion for additional time to file conforming brief is granted. Brief due June 25, 2004.

CA04-214. James Huey v. Sandra Huey (Sheiron), from Drew Circuit. Appellee's motion to file belated brief is granted.

CA04-240. JoAnn (Blankenship) Silk v. Lamb & Associates Packaging, Inc., from Workers' Compensation Commission. Appellant's pro se motion for extension of time to correct brief is granted.

CA04-493. Shirley Justice v. Earlene Thomas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA04-533. John E. Searcy III v. Stephen E. Whitwell et al., from Van Buren Circuit. Appellant's pro se motion to proceed informa pauperis is granted. Crabtree, J., would deny.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CA03-843. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission.

CA03-1225. Arkansas Department of Human Services v. Versie Burgess and James Burgess, from Pulaski Circuit, Third Division.

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CACR03-1070. Freddie Bial v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR03-1397. Patricia L. Booker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CACR04-322. Paul D. Claxton, Jr. v. State of Arkansas, from Saline Circuit. Appellant's motion to correct brief.

CACR04-408. Larry York v. State of Arkansas, from Van Buren Circuit. Motion of Ralph J. Blagg to withdraw and to substitute Charles D. Hancock as counsel for appellant.

CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit. Appellant's motion to stay proceedings and suggestion of ethics complaint.

CA03-901. Arkansas Department of Human Services v. Vickie Mays, from Sebastian Circuit, Fort Smith District. Motion of Shelton Sargent for attorney's fees.

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time.

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time.

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time.

CA04-70. Clifford Castor v. Southfork Café et al., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to set separate briefing schedule.

CA04-138. Carl J. Freeman v. Bruce Rushton et ux., from Columbia Probate. Appellees' motion to dismiss appeal and for brief time.

CA04-242. Guy Moon v. Roger D. Hensley et al., from Chicot Circuit. Appellant's second pro se motion to vacate.

CA04-281. Debra J. Moore v. Mueller Industries et al., from Workers' Compensation Commission. Appellees' motion to supplement the record.

CA04-299. Howell Pippen, Jr. v. Howell Pippen, Jr., Employer, et al., from Workers' Compensation Commission. Appellant's motion to supplement the record and for brief time.

CA04-333. Danny Ballinger v. Heritage Log Homes, Inc. et al., from Cleburne Circuit. Appellees' motion to supplement incomplete record or, in the alternative, motion to dismiss appeal and motions for brief time.

CA04-333. Danny Ballinger v. Heritage Log Homes, Inc. et al., from Cleburne Circuit. Appellant's motion to supplement the record.

CA04-333. Danny Ballinger v. Heritage Log Homes, Inc., from Cleburne Circuit. Appellant's motion to amend addendum.

SUBMISSIONS

CA03-916. Joseph I. Strack v. Capital Services Group, LLC, from Pulaski Circuit, Third Division. Argued orally.

CACR03-112. Norbert Fernano Rennie v. State of Arkansas, from Crawford Circuit.

CACR03-686. Grace D. Pool v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-909. John Mokol v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-1022. Harold Keith Kimbrell v. State of Arkansas, from Craighead Circuit, Western District.

CACR03-1108. Mark Dion Claiborne v. State of Arkansas, from Columbia Circuit.

CACR03-1117. Stacy R. Burks v. State of Arkansas, from Garland Circuit.

CA03-404. Thurman A. Hobbs et ux. v. Lotsip, Inc., from Pulaski Circuit, Second Division.

CA03-861. Linda Camarillo-Cox v. Arkansas Department of Human Services, from Benton Circuit.

CA03-960. Monte Lilburn Boulanger v. Kathi Lilburn (now Paul), from Benton Circuit.

CA03-965. Terry Lee Anderson et al. v. Wendy Mitts et al., from Lawrence Circuit.

CA03-1128. Vicki McLelland v. Tracy McLelland, from Nevada Circuit.

CA03-1242. Lonnie Acuff v. Superior Wheels, from Workers' Compensation Commission.

CA03-1271. Morgan Ballard v. Ramona Ballard, from Union Circuit.

CA03-1325. Leon B. Crawford v. Single Source Transportation et al., from Workers' Compensation Commission.

CA03-1338. Radina Reynolds v. Johnson Regional Medical Center, from Workers' Compensation Commission.

CA03-1392. Alana S. Sanderson v. Frederick D. Gisler, from Benton Circuit.

CA04-31. Frankie Cobbs v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

 The following cases are appeals from the Arkansas Board of Review.

 E04-46. Terry Bryant v. Director et al.

E04-52. Rachel L. Abbott v. Director et al.

E04-53. Ronnie Dowdy, Inc. v. Director et al.

E04-54. Woodzell Harris v. Director et al.

E04-55. Erik C. Martin v. Director et. al.

E04-56. Donald R. Stubblefield v. Director et al.

E04-57. Karen Coleman v. Director et al.

E04-58. Rickey L. Minnieweather v. Director et al.

E04-59. Donna E. McGee v. Director et al.

E04-60. Aldolphus L. Dent v. Director et al.

E04-61. Denise A. Garner v. Director et al.

E04-62. Theodore Rancifer III v. Director et al.