ARKANSAS COURT OF APPEALS

Opinions delivered
June 16, 2004


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JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-932. Mellisa Tipton v. Zeb Taylor Aaron, from Hempstead Circuit. Reversed and Remanded. Pittman and Robbins, JJ., agree. Griffen, Neal, and Crabtree, JJ., concur. (15 PAGES + 8-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA03-965. Sandy and Terry Anderson v. Wendy and Jimmy Mitts, from Lawrence Circuit. Reversed and Remanded. Gladwin and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1337. Janice Buckley v. Pactiv Corporation and Pacific Employers Insurance Company, from Workers' Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-1117. Stacey R. Burks v. State of Arkansas, from Garland Circuit. Affirmed. Neal and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-371. Debra Eades (Smith) v. Robert P. Eades, from White Circuit. Affirmed. Neal and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-632. Patricia Thomas and Charles Edward Thomas v. Ruston Pierce, M.D., from Jefferson Circuit. Reversed and Remanded. Stroud, C.J., and Griffen, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1090. Keith Webb v. Vicki Taylor, from Sharp Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Neal and Baker, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1128. Vicki McLelland v. Tracy McLelland, from Nevada Circuit. Affirmed in Part; Reversed in Part. Neal and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1168. David E. Lewis v. Louvenia K. Lewis, from Chicot Circuit. Reversed and Remanded. Stroud, C.J., Robbins, Neal, and Crabtree, JJ., agree. Griffen, J., concurs. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-1392. Alana S. Sanderson v. Frederick D. Gisler, from Benton Circuit. Affirmed. Griffen and Roaf, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-1313. Mona J. Stapleton (now Sayers) v. State of Arkansas, from Logan Circuit. Affirmed. Stroud, C.J., and Robbins, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-404. Thurman A. Hobbs and Donna A. Hobbs v. Lotsip, Inc., from Pulaski Circuit, Second Division. Appeal Dismissed. Stroud, C.J., and Robbins, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-861. Linda Camarillo-Cox v. Arkansas Department of Human Services, from Benton Circuit. Reversed and Remanded. Stroud, C.J., and Gladwin, J., agree. (16 PAGES PUBLISHED) [HTML, WP5.1]

CA03-978. Judy Michael v. Keep & Teach, Inc., from Workers' Compensation Commission. Reversed and Remanded. Hart and Roaf, JJ., agree. Griffen, J., concurs. Neal and Crabtree, JJ., dissent. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-1027. Betty Greene v. Mary Logue, from Jefferson Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-112. Norbert Fernano Rennie v. State of Arkansas, from Crawford Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-793. Teresa Dawn Brooks v. Stephen Wayne Brooks, from Washington Circuit. Reversed and Remanded. Hart and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA03-960. Monte Lilburn Boulanger v. Kathi Lilburn, from Benton Circuit. Appeal Dismissed. Hart and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-686. Grace D. Pool v. City of Fort Smith, from Sebastian Circuit. Affirmed. Pittman and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1242. Lonnie Acuff v. Superior Wheels, from Workers' Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-909. John Mokol v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1271. Morgan Ballard v. Ramona Ballard, from Union Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-1022. Harold Keith Kimbrell v. State of Arkansas, from Craighead Circuit. Affirmed. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1245. State of Arkansas Office of Child Support Enforcement v. James Harris, from Union Circuit. Affirmed. Bird and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-1108. Mark Dion Claiborne v. State of Arkansas, from Columbia Circuit. Affirmed. Pittman and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-757. Gordon L. Gibson v. Connie Gibson, from Pulaski Circuit, Twelfth Division. Affirmed as Modified. Hart, Griffen, Vaught, and Roaf, JJ., agree. Stroud, C.J., Gladwin, Neal, and Crabtree, JJ., dissent. (9 PAGES + 4-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-426. Perry Lamar Adkins v. State of Arkansas, from Benton Circuit. Affirmed. Griffen, J., agrees. Hart, J., concurs. (9 PAGES + 4-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA03-879. Mark B. Beatty and Patsy D. Beatty v. James G. Haggard and Sarah Haggard, from Faulkner Circuit. Reversed and Remanded. Pittman, Hart, Neal, and Baker, JJ., agree. Griffen, J., dissents. (13 PAGES + 3-PAGE DISSENT PUBLISHED) [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).

E04-46. 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.

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit.

CA03-1030. Ross Brashears v. American International South Insurance Company, from Benton Circuit.

CA03-1087. Barbara A. Patchell v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

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CACR03-197. William Lenox v. State of Arkansas, from Craighead Circuit, Western District. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $850.00.

CACR03-658. Richard Price v. State of Arkansas, from Grant Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $1,000.00.

CACR03-702. Curtis Jackson v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $1,200.00.

CACR03-809. Tami Thrailkill v. State of Arkansas, from Scott Circuit. Motion of Shane Roughley for attorney's fees is granted. Allowed $1,000.00.

CACR03-938. Steven Ellis v. State of Arkansas, from Clark Circuit. Motion of Brent Houston for attorney's fees is granted. Allowed $1,000.00.

CACR03-1031. William Charles Lindsey v. State of Arkansas, from Crawford Circuit. Motion of Harvey Harris for attorney's fees is granted. Allowed $1,000.00.

CACR03-1331. Anthony Farmer v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR03-1427. Chad S. Gondolfi v. State of Arkansas, from Benton Circuit. Appellant's motion for leave to exceed briefing limit, or in the alternative, motion for brief time is granted. Crabtree, J., would deny.

CACR04-55. Danny Wilker v. State of Arkansas, from Pope Circuit. Appellant's motion for additional brief time is granted.

CACR04-362. Nickolaus Hampton v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion for remand to settle the record and to stay brief time is granted. Remanded to the trial court to settle the record within 30 days. Appellant's brief due 30 days thereafter.

CACR04-406. Robert Burrell v. State of Arkansas, from Van Buren Circuit. Motion of Ralph J. Blagg to be relieved as counsel for appellant and for appointment of substitute counsel is granted. Charles M. Duell is appointed to represent the appellant.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $500.00.

CA03-1279. Donald Clayton Pyle v. Joyce Earlene Pyle, from Union Circuit. Appellee's motion for additional brief time is granted. Crabtree, J., would grant 30 days.

CA03-1291. Arkansas State Board of Nursing v. Jody Marie Morrison, from Sebastian Circuit, Fort Smith District. Appellee's motion to strike new arguments in reply brief is denied.

CA04-36. Gwenda Kaye (Wakefield) Sparks v. Joel David Wakefield, from Howard Circuit. Appellant's pro se motion for additional brief time is granted. Gladwin, Robbins, and Griffen, JJ., would make final extension.

CA04-73. Edward Zane Fair et ux. v. LEDC, from Independence Circuit. Appellants' pro se motion to supplement the record is granted.

CA04-112. Frederick Williams v. Healthcare Services Group, from Workers' Compensation Commission. Appellant's pro se motion of discovery is denied.

CA04-204. Dwight D. Brown v. Maria H. Brown (now Hoskins), from Faulkner Circuit. Appellant's motion to file belated brief is granted.

CA04-227. Pat Weber v. Shirpat Corporation d/b/a Best Western et al., from Workers' Compensation Commission. Appellant's pro se motion to correct brief is granted.

CA04-227. Pat Weber v. Shirpat Corporation d/b/a Best Western et al., from Workers' Compensation Commission. Appellant's pro se motion to supplement the record is denied.

CA04-272. Tonia S. McMillan et al. v. Billie Maxine Taylor, from Clark Circuit. Appellants' motion to strike appellee's brief is moot. Appellee's substituted brief accepted.

CA04-276. Felix G. Ramirez v. LDS, LLC et al., from Workers' Compensation Commission. Appellees' motion to file belated brief and for brief time is granted. Appellees' brief due in 30 days.

CA04-371. Tammie Smith v. Helen Johnson, from Pulaski Circuit, Seventh Division. Appellee's renewed motion for dismissal of frivolous appeal is granted.

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

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

CA04-449. Gary Kent Jones et ux. v. Linda K. Flowers et al., from Pulaski Circuit, Sixth Division. Appellants' motion to supplement the record and to set new briefing schedule is granted. Record deemed supplemented. Appellant's brief due in 30 days. Pittman, J., would remand to the trial court to settle the record.

CA04-468. Unum Life Insurance Company of America v. Frances Edwards, from Pulaski Circuit, Third Division. Appellant's motion for stay of enforcement of judgment is granted.

CA04-468. Unum Life Insurance Company of America v. Frances Edwards, from Pulaski Circuit, Third Division. Appellant's motion to supplement the record is granted.

CA04-563. Angela F. Courtney v. Arelco, Inc. d/b/a National Rental Car, from Pulaski Circuit, Second Division. Appellant's pro se motion to proceed in forma pauperis is granted.

E04-176. Barbara L. Mair v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA03-945. Bobby Smith v. Great Lakes Chemical Corporation, from Workers' Compensation Commission.

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CACR03-284. Belinda Gibbons v. State of Arkansas, from Benton Circuit. Motion of Kimberly C. Bosshart for attorney's fees.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time.

CACR04-119. Ruby Jean Matney v. State of Arkansas, from Stone Circuit. Appellant's pro se motion for additional brief time.

CACR04-140. Albert O. Wilson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time.

CACR04-163. Daniel John Paluch v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's petition for writ of certiorari to complete the record and to stay brief time.

CACR04-195. Richard Alan Thomas v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional brief time.

CACR04-212. Manuel Ramirez v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record.

CA03-1240. Safeco Corporation et al. v. Gerald Boyer et al., from Workers' Compensation Commission. Motion of appellee, Gerald Boyer, for attorney's fees.

CA03-1309. Phoenix Aviation Managers, Inc. et al. v. Delta Harvest, Inc., from Drew Circuit. Appellee's motion to file belated brief.

CA04-194. Richard Hawkins v. International Paper Company, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA04-251. James E. Morehouse v. Lori Morehouse Lawson, from Craighead Circuit, Western District. Appellant's motion to consolidate CA04-592 with this appeal.

SUBMISSIONS

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit.

CACR03-164. Timothy Quarteze Simmons v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit.

CACR03-522. Jimmy Rowe v. State of Arkansas, from Garland Circuit.

CACR03-526. Jimmy Dale Phillips v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-532. Wendell Keith Gaddy v. State of Arkansas, from Jefferson Circuit.

CACR03-583. Roy Edward Franklin v. State of Arkansas, from Crittenden Circuit.

CACR03-625. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-637. Benny F. Edwards, II v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-671. Lawanna Ray v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-705. Franklin J. Daley v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-744. Johnny Lee Russell, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-848. Jonathan Eugene Griffin v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-881. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-947. Shawn Darrel Mosley v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-963. Anthony Dwayne Lemons v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-976. Raymond Ray Porter v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-1003. Rose Briggs v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-1036. Melvin Leroy Lacy v. State of Arkansas, from Union Circuit.

CACR03-1098. Demarcus Juarez Smith v. State of Arkansas, from Crittenden Circuit.

CACR03-1167. Kevin Deon Johnson v. State of Arkansas, from Crittenden Circuit.

CACR03-1193. Stacey Allen Myjack v. State of Arkansas, from Greene Circuit.

CACR03-1297. Frank T. Hart v. State of Arkansas, from Crittenden Circuit.

CACR03-1372. Jimmy Adams v. State of Arkansas, from Pulaski Circuit, Seventh Division.