ARKANSAS COURT OF APPEALS

Opinions delivered
June 2, 2004


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JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-1448. Robert Allen Cox v. State of Arkansas, from Randolph Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1057. Kirby Arbaugh v. AG Processing, Inc. and Speciality Risk Services, from Workers' Compensation Commission. Affirmed. Pittman, Gladwin, Robbins, Bird, and Roaf, JJ., agree. Griffen, Neal, and Crabtree, JJ., dissent. (13 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-1231. Jim Witcher and Nancy Witcher v. Mark McGhee and Shelly McGhee, from Pulaski Circuit, Thirteenth Division. Affirmed. Neal and Baker, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit. Affirmed. Griffen, J., agrees. Roaf, J., concurs. (28 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Reversed. Griffen and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-1368. Tony Payne v. McExpress, Inc. and American Interstate Carrier, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Robbins, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-781. Marvin G. Jefferson v. State of Arkansas, from Monroe Circuit. Reversed and Remanded. Stroud, C.J., and Gladwin, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA03-998. Marlo Anderson v. Mamie Riley and Andrew Riley, from Pulaski Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-384. Top Quality Badges, Inc. v. Regina Smith, Nina Ponder, d/b/a Global Badge Company, from Union Circuit. Dismissed. Vaught and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-1056. Chris Williams v. State of Arkansas, from Saline Circuit. Affirmed. Roaf, J., agrees. Hart, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA03-1465. Jody Lynn Gee v. Danny Wilburn Gee, from Sebastian Circuit. Affirmed. Hart and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-919. Nationwide Mutual Insurance Company v. Sherry Garner and Shelter Mutual Insurance Company, from Washington Circuit. Affirmed. Pittman and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-1188. Terri Key, Individually and in her Capacity as Next Friend, Guardian and Parent of Taylor Key, a Minor v. Steve Coryell et al., from Crittenden Circuit. Affirmed. Bird and Crabtree, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

E03-279. Delta Dental Plan of Arkansas, Inc. v. Director, Employment Security Department and Serena Walton, from Board of Review. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-486. Steven Schueller v. Allison Schueller, from Ashley Circuit. Affirmed. Robbins, J., agrees. Pittman, J., concurs. (10 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA03-1312. Laura M. Tucker v. Ron E. Tucker, from Sebastian Circuit. Reversed and Remanded. Hart, J., agrees. Griffen, J., concurs. (7 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA03-1327. Madison County and Association of Arkansas Counties v. Steven Treat, from Workers' Compensation Commission. Affirmed. Hart and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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 is granted. Allowed $1,000.00.

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

CACR04-322. Paul D. Claxton, Jr. v. State of Arkansas, from Saline Circuit. Appellant's motion to correct brief is granted. Correction to be made within seven days.

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 is remanded to the trial court pursuant to Brewer v. State, 64 Ark. App. 372 (1998).

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

CA03-901. Arkansas Department of Human Services v. Vickie Mays, from Sebastian Circuit, Fort Smith District. Motion of Shelton Sargent for attorney's fees is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Roaf, J., would make this final extension. Griffen and Crabtree, JJ., would deny. Brief due June 4, 2004.

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Roaf, J., would make this final extension. Griffen and Crabtree, JJ., would deny. Brief due June 4, 2004.

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Roaf, J., would make this final extension. Griffen and Crabtree, JJ., would deny. Brief due June 4, 2004.

CA04-70. Clifford Castor v. Southfork Café et al., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to set separate briefing schedule is granted. Second Injury Fund's brief due thirty days after appellee Southfork Café's brief is filed.

CA04-138. Carl J. Freeman v. Bruce Rushton et ux., from Columbia Probate. Appellees' motion to dismiss appeal is denied. Appellees' brief due in thirty days.

CA04-242. Guy Moon v. Roger D. Hensley et al., from Chicot Circuit. Appellant's second pro se motion to vacate is denied. Appellees' motion for sanctions passed until case is submitted.

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

CA04-299. Howell Pippen, Jr., Employee v. Howell Pippen, Jr., Employer et al., from Workers' Compensation Commission. Appellant's motion to supplement the record and for brief time. Remanded to the Commission to settle the record within thirty days. Appellant's brief due thirty days thereafter.

CA04-333. Danny Ballinger v. Heritage Log Homes, Inc. et al., from Cleburne Circuit. Appellees' motion to supplement incomplete record is granted. Motion to dismiss is denied.

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

CA04-333. Danny Ballinger v. Heritage Log Homes, Inc. et al., from Cleburne Circuit. Appellant's motion to amend addendum. Leave granted to file substituted appellant's brief and addendum within thirty days. Appellee's brief due thirty days thereafter.

CA04-365. Rick Gibson v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to supplement the record is denied.

CA04-365. Rick Gibson v. State of Arkansas, from Carroll Circuit, Eastern District. Motion of Rachel A. Runnels to withdraw as counsel for appellant is denied. Appellant's brief due in thirty days.

CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. Appellant's motion for additional time to respond to appellee's motion to dismiss appeal is granted.

CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. Appellant's motion for additional time to respond to appellee's motion for sanctions is granted.

SUBMISSIONS

CACR03-749. Rick Wayne La-Mie v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR03-1110. Murray P. Turner v. State of Arkansas, from Crittenden Circuit.

CACR03-1121. Paul Eugene Mashburn, Jr. v. State of Arkansas, from Crawford Circuit.

CACR03-1164. Krystal Lee Lamance v. State of Arkansas, from Crawford Circuit.

CACR03-1266. Corey Demont McClina v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-1391. DeCarlos Morris v. State of Arkansas, from Arkansas Circuit, Northern District.

CA03-626. Reynaldo Hernandez et al. v. Diamond Star Motors, Inc. et al., from Benton Circuit.

CA03-1027. Betty Greene v. Mary Logue, from Jefferson Circuit.

CA03-1162. Arkansas Department of Human Services v. Floyd Campbell, from Bradley Circuit.

CA03-1189. Amie M. Riddles et al. v. Mid-Town Apartments Limited Partnership, from Sebastian Circuit, Fort Smith District.

CA03-1204. Janie McKinney v. Area Agency on Aging Western Ark. et al., from Workers' Compensation Commission.

CA03-1238. Ralph Whitten v. Edward Trucking et al., from Workers' Compensation Commission.

CA03-1278. DeQueen Sand & Gravel Company v. Kevin Wargo, from Workers' Compensation Commission.

CA03-1282. Grodon Vance Walthrop v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

CA03-1348. James Jay Elliott v. Maverick Transportation et al., from Workers' Compensation Commission.

CA03-1350. St. Edward Mercy Medical Center et al. v. Myrtle Nemeth, from Workers' Compensation Commission.

CA03-1362. Sarah Parker v. Atlantic Research Corp., from Workers' Compensation Commission.

CA03-1366. Anita Eaton v. Eddie Tollison, from Poinsett Circuit.

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

E04-64. Erik C. Martin v. Director et al.

E04-65. First Class Cuts, LLC v. Director et al.

E04-66. Abigail M. Geter v. Director et al.

E04-67. Eddie E. Farmer v. Director et al.

E04-68. Linda J. Shack v. Director et al.

E04-69. William Henderson v. Director et al.

E04-70. Bruce E. Thurlkill v. Director et al.

E04-71. Gail L. Duffer v. Director et al.

E04-72. Billy J. Walls v. Director et al.

E04-73. Richard O. Gill v. Director et al.

E04-74. Ernest M. Waddell v. Director et al.

E04-75. Curtis A. Keith v. Director et al.