Proceedings of
August 25, 2004
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR03-749. Rick Wayne LaMie v. State of Arkansas, from Sebastian Circuit, Greenwood District.
CA03-741. Robin Denise Dansby v. Lathaire Wilfred Dansby, from Miller Circuit. Pittman and Baker, JJ., would grant.
CA03-879. Mark B. Beatty and Patsy D. Beatty v. James G. Haggard and Sarah Haggard, from Faulkner Circuit.
CA03-916. Joe I. Strack v. Capital Services Group, Inc., from Pulaski Circuit, Third Division. Hart and Roaf, JJ., would grant.
CA03-960. Monte Lilburn Boulanger v. Kathi Lilburn, from Benton Circuit.
CA03-1090. Keith Webb v. Vicki Taylor, from Sharp Circuit.
CA03-1273. Rolinda Kight v. Arkansas Department of Human Services, from Faulkner Circuit. Pittman and Griffen, JJ., would grant.
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CACR03-112. Norbert Fernano Rennie v. State of Arkansas, from Crawford Circuit. Motion of Richard L. Hughes for attorney's fees is granted. Allowed $1,000.00.
CACR03-950. Stanley Herring v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal is granted. Stroud, C.J., Pittman, Hart, Baker, and Roaf, JJ., would deny.
CACR03-1110. Murray P. Turner v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR03-1121. Paul Eugene Mashburn, Jr. v. State of Arkansas, from Crawford Circuit. Motion of Jennifer B. Wiggins 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 to file belated brief is granted. Brief due September 23, 2004. Gladwin, Vaught, and Crabtree, JJ., would make this final extension.
CACR03-1379. Terry L. Kuelper v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement the record and for extension of brief time is granted. Record to be supplemented within thirty days. Brief due thirty days thereafter. Pittman and Crabtree, JJ., would remand to settle the record.
CACR03-1410. David Franklin Harness, James Lynn Carson, and Danny Lewis v. State of Arkansas, from Stone Circuit. Appellants' motion to supplement abstract and to amend brief and to stay brief time is granted. Appellant's reply brief due in 15 days. Pittman and Crabtree, JJ., would deny.
CACR04-179. Irene Waddle v. State of Arkansas, from Scott Circuit. Motion of John R. Irwin to be relieved as counsel for appellant is granted.
CACR04-193. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Kandice A. Bell for appointment of counsel is granted.
CACR04-231. Phillip Parker v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to settle the record is denied. Appellee's brief due in fourteen days. Crabtree and Baker, JJ., would grant.
CACR04-295. Tommy L. Hilburn v. State of Arkansas, from Greene Circuit. Appellant's motion for additional brief time is granted.
CACR04-315. Gary Crawford v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated brief is granted.
CACR04-407. Timothy Edwards v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for additional brief time is granted.
CACR04-507. David E. Gipson v. State of Arkansas, from Crawford Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time is granted. Supplemental record due in thirty days. Brief due thirty days thereafter.
CACR04-614. Rebecca Cleghorn v. State of Arkansas, from Ashley Circuit. Appellee's motion to dismiss appeal is granted. Pittman, Hart, and Baker, JJ., would deny and direct brief to be filed.
CACR04-728. Larry D. Shanks v. State of Arkansas, from Garland Circuit. Motion of William R. Wisely to be relieved as counsel for appellant and to substitute Darrel Blount as counsel for appellant and for brief time is granted. Brief due in thirty days.
CACR04-739. Sidney Harvey v. State of Arkansas, from Pulaski Circuit, Seventh Division. Joint motion for substitution of counsel and for brief time is granted.
CACR04-855. Darryl William Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for entry of Ronald L. Davis, Jr., as counsel for appellant is granted.
CA03-177. John E. Kiesling, Jr., et al. v. Jeffery Smith et ux., from Jefferson Circuit. Appellees' motion to dismiss appeal is denied. Appellee's brief due in 15 days. Pittman, J., would affirm the case as submitted.
CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division. Appellants' pro se motion for oral argument is denied.
CA03-978. Judy Michael v. Keep & Teach, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted.
CA03-1149. Carl Cisco et al. v. Jerry King et al., from St. Francis Circuit. Appellees' motion to file belated brief and for brief time is granted.
CA03-1279. Donald Clayton Pyle v. Joyce Earlene Pyle, from Union Circuit. Appellee's motion for additional brief time is granted. Griffen, J., would grant thirty days. Crabtree, J., would deny.
CA03-1299. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appellee's motion for additional brief time is granted. Griffen, J., would grant thirty days and make this final extension.
CA03-1350. St. Edward Mercy Medical Center et al. v. Myrtle Nemeth, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motion to expedite is granted. Robbins, Neal, Crabtree, and Roaf, JJ., would deny.
CA04-243. Charles F. Burkett v. Martha A. Burkett, from Pulaski Circuit, Twelfth Division. Appellant's motion for additional brief time is granted.
CA04-250. Pamela Morris v. Justin Keith Griffin, from Mississippi Circuit, Osceola District. Appellee's motion to file supplemental record and for brief time is granted. Record deemed supplemented. Brief due September 8, 2004.
CA04-253. Erica Suggs-Rendon v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion for additional brief time is granted. Roaf, J., would grant sixty days as final extension. Crabtree, J., would deny.
CA04-401. Timothy Tucker Coleman et al. v. Regions Bank and KARK-TV, Inc., from Pulaski Circuit, Fifth Division. Motion of appellee, Regions Bank, to strike is passed until case is submitted.
CA04-401. Timothy Tucker Coleman et al. v. Regions Bank and KARK-TV, Inc., from Pulaski Circuit, Fifth Division. Appellees' motion for extension of oral argument time and for allocation of time among appellees is denied. Stroud, C.J., Hart, Bird, and Baker, JJ., would grant.
CA04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division. Motion of Arkansas State Board of Physical Therapy for leave to file amicus curiae brief in support of appellant is granted.
CA04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division. Appellee's motion of Thomas R. Daly for admission pro hac vice and to file amicus curiae brief in support of appellee is granted. Brief due September 15, 2004.
CA04-439. Joseph Teasley v. Anchor Packaging et al., from Workers' Compensation Commission. Appellees' motion to be excused from filing brief is granted.
CA04-466. Brenda K. Covington, M.D. v. St. Vincent Infirmary Medical Center, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time is granted.
CA04-502. Ann D. Stouffer v. Kralicek Realty Company, Inc., from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted.
CA04-560. McDonald Mobile Homes, Inc., d/b/a Harrison Home Center v. BankAmerica Housing Services, from Carroll Circuit, Eastern District. Appellant's motion to supplement the abstract and for additional brief time is granted. Substituted abstract and brief due in thirty days.
CA04-571. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Appellee's motion to supplement the record and motion to stay briefing schedule is granted. Supplemental record due in thirty days. Brief due thirty days thereafter.
CA04-571. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Appellee's motion to dismiss appeal is denied.
CA04-577. Barbara A. Miller v. Georgia-Pacific Corporation et al., from Workers' Compensation Commission. Motion to set separate briefing schedule for appellee Second Injury Fund is granted.
CA04-604. Grand Prairie Water Users Board of Lonoke County, Arkansas v. Community Water Systems, from Cleburne Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.
CA04-604. Grand Prairie Water Users Board of Lonoke County, Arkansas v. Community Water Systems, from Cleburne Circuit. Appellee's motion to supplement the record is remanded to the trial court to settle the record within thirty days.
CA04-633. Russell Brown v. The City of Fort Smith, Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is granted.
CA04-675. Amy Williams v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time is granted for sixty days. Griffen, J., would grant thirty days. Stroud, C.J., Pittman, Hart, and Neal, JJ., would grant 101 days.
CA04-859. James Young et al. v. Keith Dickson, from Garland Circuit. Appellants' motion to supplement the record is granted as to the Notice of Appeal. Record deemed supplemented. As to previous appeal, see Ark. Sup. Ct. R. 4-2(a)(5) and Ward v. McCord, 60 Ark. App. 91.
E04-105. Southwestern Bell Telephone, L.P. v. Director et al., from Board of Review. Joint motion to suspend proceedings and stay brief time in Cases E04-105, 144, 174, and 228, until Case No. E03-405 is decided is granted.
E04-241. Takila Allen v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.
MOTIONS SUBMITTED
CACR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Appellant's motion pursuant to Rule 6.3 of the Rules of the Supreme Court.
CACR04-383. Karen Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time.
CACR04-542. James E. Baker, Jr. v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to remand to settle the record.
CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time.
CA04-324. Will Oliver-Liz Frawley Bail Bonds v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit, Sixth Division. Motion of the James Law Firm to be relieved as counsel for appellant
CA04-359. Richard Angell v. Cooper Tire & Rubber Company, from Workers' Compensation Commission. Appellant's motion for additional brief time.
CA04-374. Josephine Barry Rogers v. Doyle Rogers, Jr., from Pulaski Circuit, Seventeenth Division. Appellee's motion to file belated brief and for brief time.
CA04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division. Motion of Henry M. Rubinstein for admission pro hac vice and for permission to file amicus curiae brief for International Chiropractors Association in support of appellee.
CA04-846. Jenkins Family Limited Partnership et al. v. City of Fort Smith, Arkansas, from Crawford Circuit. Appellant's motion to consolidate CA04-846 with CA04-847 and CA04-848.
E04-224. Gural Foster v. Director et al., from Board of Review. Appellant's pro se motion for reconsideration.
SUBMISSIONS
CACR03-205. Earl W. Loy v. State of Arkansas, from Garland Circuit.
CACR03-969. Christopher W. Goodrum v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR03-1073. Tony Cornelius Winston v. State of Arkansas, from Pulaski Circuit, First Division.
CACR03-1094. Michael Lee Brown v. State of Arkansas, from Polk Circuit.
CACR03-1102. Jonathan Tyler Summons v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR03-1152. Fred Phillips v. State of Arkansas, from Pulaski Circuit, First Division.
CACR03-1176. Douglas Leon Hodges v. State of Arkansas, from Fulton Circuit.
CACR03-1247. Daniel Haak v. State of Arkansas, from Garland Circuit.
CACR04-66. Paula Marie Battles v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CA03-847. Dorothy Dixon Hatchett et al. v. Clifford Terry et al., from Van Buren Circuit.
CA03-1012. Helen Jane Young Brown v. James Harry Young, from Carroll Circuit, Western District.
CA03-1083. Renny's Bail Bond Company et al. v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA03-1084. Renny's Bail Bond Company et al. v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA03-1135. First National Bank of Lewisville v. Eddie Mayberry et al., from Columbia Circuit.
CA03-1218. Mary L. Watkins Revocable Trust et al. v. John H. Watkins, from Conway Circuit.
CA03-1252. Hargis Transport Company et al. v. James Chesser, from Workers' Compensation Commission.
CA03-1329. American Greetings Corporation et al. v. Leigh Sidler, from Workers' Compensation Commission.
CA03-1395. NationsBanc Mortgage Corporation v. River Valley Bank of Russellville et al., from Pope Circuit.
CA03-1420. H. G. Davis v. Southwestern Bell Telephone, L.P., from Faulkner Circuit.
CA03-1450. Donald West v. Arkansas Electric Cooperative Corporation, from Workers' Compensation Commission.
CA03-1469. Aeroquip et al. v. Joyce Cox, from Workers' Compensation Commission.
CA04-46. George M. Stokes et al. v. Arkansas State Highway Commission, from Chicot Circuit.
CA04-161. Cracker Barrel v. Sherry L. (Shepherd) Lassiter, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E04-89. Darren Foreman v. Director et al.
E04-90. Nina J. Hedger v. Director et al.
E04-92. Debi R. Yandell v. Director et al.
E04-93. Michael S. Wright v. Director et al.
E04-94. Farrah Myrick v. Director et al.
E04-95. Tina E. Lee v. Director et al.
E04-96. Karen L. Livesay v. Director et al.
E04-97. Crystal L. Thrower v. Director et al.
E04-98. Sheila Conyers v. Director et al.
E04-99. Sheila Conyers v. Director et al.
E04-100. Karla J. Gilbert v. Director et al.
E04-101. Karla J. Gilbert v. Director et al.