Opinions delivered
June 23, 2004
JOHN F. STROUD, JR., CHIEF JUDGE:
CA03-1204. Janie McKinney v. Area Agency on Aging Western Arkansas and Risk Management Resources, from Workers' Compensation Commission. Affirmed. Neal and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR03-1164. Krystal Lee Lamance v. State of Arkansas, from Crawford Circuit. Rebriefing Ordered. Hart and Robbins, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1350. St. Edward Mercy Medical Center v. Myrtle Nemeth, from Workers' Compensation Commission. Affirmed. Hart and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR03-1266. Corey McClina v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1366. Anita Eaton v. Eddie Tollison, from Poinsett Circuit. Affirmed. Pittman and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR03-679. Dewayne DeFoure v. State of Arkansas, from White Circuit. Affirmed. Stroud, C.J., and Robbins, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR03-1110. Murray P. Turner v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-626. Estate of Mona L. Hernandez, Reynaldo Hernandez and Roselea Hernandez v. Marty Clark et al., from Benton Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR03-1121. Paul Eugene Mashburn, Jr. v. State of Arkansas, from Crawford Circuit. Affirmed. Gladwin and Bird, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1068. William L. Stroud v. Delane Cagle and William Cagle, from Saline Circuit. Affirmed. Pittman, Neal, Baker, and Roaf, JJ., agree. Hart, J., dissents. (5 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR03-851. David McElyea v. State of Arkansas, from Washington Circuit. Affirmed. Pittman, J., agrees. Baker, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CA03-1189. Amie Riddles and Anna Lee Bowling v. Mid-Town Apartments Ltd. Partnership, from Sebastian Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA03-1238. Ralph Whitten v. Edward Trucking/Corporate Solutions, from Workers' Compensation Commission. Affirmed. Baker and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA03-1282. Gordon Lance Walther (Walthers) v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Vaught and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1338. Radina Reynolds v. Johnson Regional Medical Center, from Workers' Compensation Commission. Reversed and Remanded. Pittman, J., agrees. Neal, J., concurs. (3 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA03-1348. Jay Elliot v. Maverick Transportation and Liberty Mutual Fire Insurance Company, from Workers' Compensation Commission. Affirmed. Vaught and Baker, JJ., agree. (8 PAGES 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).
E04-64. Erik C. Martin v. Director et al.
E04-65. First Class Cuts, LLC 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.
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA03-575. Maggie Young v. The Gastro-Intestinal Center, Inc. and Diane Brown, R.N., from Pulaski Circuit, Second Division. See substituted opinion on denial of rehearing. (6 PAGES PUBLISHED) [HTML, WP5.1]
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CACR03-284. Belinda Gibbons v. State of Arkansas, from Benton Circuit. Motion of Kimberly C. Bosshart for attorney's fees is granted. Allowed $1,000.00.
CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time is granted. Stroud, C.J., and Vaught, J., would make this final extension. Crabtree, J., would deny.
CACR04-119. Ruby Jean Matney v. State of Arkansas, from Stone Circuit. Appellant's pro se motion for additional brief time is granted. Appellant's brief due August 23, 2004. Gladwin and Bird, JJ., would make this final extension. Crabtree, J., would deny.
CACR04-140. Albert O. Wilson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time is granted.
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 is granted.
CACR04-195. Richard Alan Thomas v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional brief time is granted.
CACR04-453. Eric M. Wade and Kimberly A. Wade v. State of Arkansas, from Union Circuit. Resubmission of motion of Robert N. Jeffrey to withdraw as counsel for appellant and to substitute James B. Bennett as counsel is granted. Appellant's brief due in 40 days.
CACR04-596. Charles Harvest Davis v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Clint Miller to be relieved as counsel for appellant is remanded in the trial court. See Brewer v. State, 64 Ark. App. 372 (1998).
CA03-1240. Safeco Corporation et al. v. Gerald Boyer et al., from Workers' Compensation Commission. Motion of appellee, Gerald Boyer, for attorney's fees is granted.
CA03-1309. Phoenix Aviation Managers, Inc. et al. v. Delta Harvest, Inc., from Drew Circuit. Appellee's motion to file belated brief is granted. Appellee's brief due July 15, 2004.
CA04-194. Richard Hawkins v. International Paper Company, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted. Appellee's brief due July 15, 2004.
CA04-251. James E. Morehouse v. Lori Morehouse Lawson, from Craighead Circuit, Western District. Appellant's motion to consolidate CA04-592 with this appeal is granted.
CA04-358. Angela Hackelton v. Mark J. Malloy, M.D., Dennis Yelvington, M.D. et al., from Monroe Circuit. Appellant's motion for reconsideration and for clarification. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from PulaskiCircuit, Sixth Division. Appellant's motion of Richard B. Tucker, III for admission pro hac vice and to file an amici curiae brief is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division. Appellant's motion of Kent Culley for admission pro hac vice and to file an amici curiae brief is granted. See per curiam this date.
CA04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division. Appellant's motion of John J. Bennett for admission pro hac vice and to file an amici curiae brief is granted. See per curiam this date.
CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. 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 motions for additional brief time. Moot.
CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. Appellant's third motion for additional time to respond to motion to dismiss. Moot.
CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. Appellant's third motion for additional time to respond to motion for sanctions is granted. Response filed this date.
CA04-442. Regina Preacher v. Cave City Nursing Home, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted.
The following cases are dismissed for failure to file briefs.
CA03-1375. Neita Pendleton v. Jamie Phillips, from Carroll Circuit, Eastern District.
CA03-1430. Wynne Tree Service, Inc. v. Herbert Stratton and Herbert Stratton Farms, from St. Francis Circuit.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA03-222. Consumer Utilities Rate Advocacy Division of the Attorney General's Office v. Arkansas Public Service Commission et al., from Public Service Commission.
CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit.
CA03-404. Thurman A. Hobbs and Donna A. Hobbs v. Lotsip, Inc., from Pulaski Circuit, Second Division.
CA03-919. Nationwide Mutual Insurance Company v. Sherry Garner and Shelter Mutual Insurance Company, from Washington Circuit.
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CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit. Motion of Kathy L. Hall for attorney's fees.
CACR03-751. Christopher D. Moffett v. State of Arkansas, from Union Circuit. Motion of Gregg A. Knutson for attorney's fees.
CACR03-781. Marvin G. Jefferson v. State of Arkansas, from Monroe Circuit. Motion of Raymond Abramson for attorney's fees.
CACR03-948. James W. Snyder v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of DeeNita D. Moak for attorney's fees.
CACR04-106. Kevin Seals v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to file belated reply brief.
CACR04-453. Eric M. Wade and Kimberly A. Wade v. State of Arkansas, from Union Circuit. Appellant's motion and amended motion to set appeal bond.
CA02-1253. Robin Wright v. Arkansas Department of Human Services, from Garland Circuit. Motion of the Prosecuting Attorney for release of photographs and partial substitution of record.
CA03-1190. Virgie Harvey v. SR of Arkansas et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees.
CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Appellant's pro se motion for additional brief time.
CA04-120. Dana McDaniel et al. v. Four Hollands, Inc., from Sebastian Circuit, Greenwood District. Appellant's motion for additional brief time.
CA04-376. North Little Rock School District v. Louene Lipsmeyer et al., from Pulaski Circuit, Third Division. Appellant's motion to file belated brief.
CA04-376. North Little Rock School District v. Louene Lipsmeyer et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal.
CA04-479. Michael Pearson v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Gregory E. Bryant for entry of appearance on behalf of appellant and for new briefing schedule.
CA04-633. Russell Brown v. City of Fort Smith, Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.
E04-189. James Brown v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.