Opinions delivered
September 15, 2004
JOHN F. STROUD, JR., CHIEF JUDGE:
E03-269. Arkansas Midland Railroad v. Director et al., from Board of Review. Affirmed. Hart and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR03-1176. Douglas Leon Hodges v. State of Arkansas, from Fulton Circuit. Affirmed. Robbins, J., agrees. Hart, J., concurs. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR03-1419. James Odis Gossett, Jr. v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Gladwin and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1351. In the Matter of the Estate of Sidney O. Owens, Deceased, from Pulaski Circuit, Thirteenth Division. Affirmed. Gladwin and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR02-1340. Barney Allen Barnett v. State of Arkansas, from Chicot Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CA03-1380. James R. Filyaw v. Dr. Michael Bouton et al., from Sebastian Circuit. Affirmed. Pittman and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1420. H. G. Davis v. Southwestern Bell Telephone, L.P., from Faulkner Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR04-87. Wendy Dunbar v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR03-752. Brent Jordan v. State of Arkansas, from Drew Circuit. Reversed and Remanded. Pittman and Gladwin, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-790. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR03-1091. Carolyn Fleming v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Stroud, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR03-1104. Deborah Michelle Christian v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1450. Donald West v. Arkansas Electric Cooperative Corporation, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Griffen, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR03-1186. Christopher Grayson v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1208. Robyn B. Manor v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR03-1221. Jose Armando Flores, Jr., Alejandro Hinojosa, and Kervin D. Robertson v. State of Arkansas, from White Circuit. Affirmed. Bird and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1340. Dorothy Watkins v. National Railroad Passenger Corporation (Amtrak) and U.S. Depots, Inc., from Pulaski Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 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).
E04-102. Patricia A. Cossey v. Director et al.
E04-103. Donna Nobles v. Director et al.
E04-104. Cherry A. Hilliard v. Director et al.
E04-106. Corene Tatum v. Director et al.
E04-108. Phillip Kinsey, Jr. v. Director et al.
E04-109. Chad D. Gilbert v. Director et al.
E04-110. Annece Bailey v. Director et al.
E04-111. Lila R. Morrow v. Director et al.
E04-112. Il So Douglas v. Director et al.
E04-113. Desiree Jones v. Director et al.
E04-115. Calvin Magsby v. Director et al.
E04-116. Freda Johnson v. Director et al.
PER CURIAM ORDERS
CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is denied. Appellant's brief due October 25, 2004.
CACR03-862. Howard Powell, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Darrell F. Brown for attorney's fees is granted. Allowed $1,000.00.
CACR03-881. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to file belated points for reversal is granted.
CACR03-881. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion for extension of brief time is granted. Brief due September 30, 2004.
CACR03-977. Tim Antoine Fuller v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for entry of a corrected opinion is denied.
CACR04-171. Darren W. Hawkins v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to file supplemental pro se brief is denied.
CACR04-652. Santonio Turner v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement and correct the record is granted.
CACR04-851. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Otto R. Fry to withdraw as counsel for appellant and for appointment of new counsel is granted. Daniel Hancock is appointed to represent the appellant. Appellant's brief due October 25, 2004.
CACR04-855. Darryl William Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Clint Miller to be relieved as counsel for appellant is granted.
CA04-190. Tammy Throckmorton v. Olen Wayne Throckmorton, from White Circuit. Appellant's motion to strike appellee's supplemental abstract, supplemental addendum, statement of the case and brief is denied. Griffen, J., would grant.
CA04-190. Tammy Throckmorton v. Olen Wayne Throckmorton, from White Circuit. Appellant's motion to stay briefing schedule, extension of time to file reply brief and motion to supplement abstract is granted.
CA04-280. Janice Frazier-Hampton et al. v. Mike Hesterly, Ouachita County Judge et al., from Ouachita Circuit. Appellants' motion to file belated reply brief is granted.
CA04-376. North Little Rock School District v. Louene Lipsmeyer et al., from Pulaski Circuit, Third Division. Appellees' motion to strike appellant's abstract and brief and motion to dismiss appeal is denied. Appellees' brief due in thirty days. See concurring opinion this date. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA04-385. Helena Chemical Company v. Jerry Caery, Jr. et al., from Phillips Circuit. Motion of National Association of Credit Management Mid-South Unit, Inc. to file amicus curiae brief in support of appellant is granted. Amicus brief due in thirty days.
CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. Appellee's motion for sanctions is denied. See dissenting opinion this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-559. Southway Corporation et al. v. Metropolitan Realty & Developement, LLC, from Pulaski Circuit, Seventh Division. Appellee's motion to file corrected brief. Leave granted for appellee to file a substituted brief within ten days. Vaught, J., not participating.
CA04-577. Barbara A. Miller v. Georgia-Pacific Plywood et al., from Workers' Compensation Commission. Appellant's motion to supplement abstract and addendum is granted. Substituted abstract, brief and addendum is due in ten days.
CA04-758. Cecil Payton v. Robert E. Blake et al., from Crawford Circuit. Appellant's motion to file belated brief is granted.
CA04-859. James Young et al. v. Keith Dickson, from Garland Circuit. Appellant's motion to supplement the record and for brief time is granted. Appellant's brief due in thirty days.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA03-1442. Arkansas Electric Cooperative and Arkansas Rural Electric/SIT v. John W. Ramsey (Deceased) and Leigh Ramsey, from Workers' Compensation Commission.
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CACR02-637. Charles Dugger v. State of Arkansas, from Lonoke Circuit. Motion of Victor D. "Trey" Wright III for attorney's fees.
CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time.
CA03-1263. Allensworth Transmissions et al. v. Johnny L. Rodgers, from Workers' Compensation Commission. Appellee's motion for attorney's fees.
CA03-1299. Baxter County Regional Hospital v. Arlene Dixon, from Workers' Compensation Commission. Appellee's motion for additional brief time.
CA03-1383. SDS Transportation Services, Inc. et al. v. Joseph Garrett, from Workers' Compensation Commission. Appellee's motion for attorney's fees.
CA04-389. Tamika Tyler v. Arkansas Department of Human Services, from Jefferson Circuit. Appellee's motion for compliance and to stay briefing schedule.
CA04-468. Unum Life Insurance Company of America v. Frances Edwards, from Pulaski Circuit, Third Division. Appellant's motion to supplement addendum.
CA04-469. Crawford County, Arkansas et al. v. Dottie Jones, from Crawford Circuit. Appellants' motion to file belated brief.
CA04-492. Robert Phillips, Special Administrator of the Estate of Clinton Wayne Newkirk, Deceased v. Alpharma, Inc. et al., from Washington Circuit. Appellees' motion to supplement record.
CA04-500. Gary Lee Adams v. Diane I. Adams, from Hot Spring Circuit. Appellant's motion for additional brief time.
CA04-539. Terry Potocki v. St. Edward Mercy Medical Center, from Workers' Compensation Commission. Appellant's motion for oral argument.
CA04-562. Glenn Misenheimer v. Bill Jason, Sheriff, from Stone Circuit. Appellant's motion for additional brief time.
CA04-690. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Appellant's motion to stay all proceedings pending appeal.
CA04-749. Arkansas Blue Cross and Blue Shield v. Randy Lee McQuay, from Craighead Circuit, Western District. Joint motion to stay briefing schedule.
CA04-811. Charles E. Winkler, Administrator v. Dr. John P. Bethell et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal.
CA04-811. Charles E. Winkler, Administrator v. Dr. John P. Bethell et al., from Pulaski Circuit, Third Division. Appellant's motion to complete the record and for brief time.
CA04-811. Charles E. Winkler, Administrator v. Dr. John P. Bethell et al., from Pulaski Circuit, Third Division. Appellant's motion to stay brief time.
CA04-811. Charles E. Winkler, Administrator v. Dr. John P. Bethell et al., from Pulaski Circuit, Third Division. Joint motion to supplement the record.
CA04-886. Peggy Taylor v. Jimmy Don Hamilton, from Jefferson Circuit. Appellant's motion to consolidate.
CA04-937. Washington Regional Medical Center et al. v. Terry Jones, from Workers' Compensation Commission. Appellant's motion for rule on clerk to lodge transcript.
E04-224. Gural Foster v. Director et al., from Board of Review. Appellant's second pro se motion for reconsideration.
SUBMISSIONS
E03-405. Southwestern Bell Telephone, L.P. v. Director et al., from Board of Review. Argued orally.
CACR03-891. Chris Ivey v. State of Arkansas, from Hot Spring Circuit.
CACR03-981. David Clay Garrett, IV v. State of Arkansas, from Benton Circuit.
CACR03-1067. Douglas Edward Wilson v. State of Arkansas, from Lonoke Circuit.
CACR03-1153. Tyrone Donald Turner v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR03-1220. Beverly Maxwell v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR03-1374. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR04-94. Marcus Howard v. State of Arkansas, from Union Circuit.
CACR04-135. Charles Chew v. State of Arkansas, from Mississippi Circuit, Osceola District.
CACR04-167. Urbin Lopex Perez v. State of Arkansas, from Carroll Circuit, Western District.
CA03-1113. Corina Simpson v. Clarence Simpson, III, from Franklin Circuit, Northern District.
CA03-1123. Henry and A.J. Winbery et al. v. James A. Neasley (Deceased), from Workers' Compensation Commission.
CA03-1148. Linda Eaton v. Country Heritage Landscaping, Inc., from Washington Circuit.
CA03-1301. Amanda L. Kelley v. Jason S. Kelley, from Jefferson Circuit.
CA03-1336. Kenya Baker v. West Fraser South, Inc. et al., from Workers' Compensation Commission.
CA03-1399. Corn Insurance Agency, Inc. et al. v. First Federal Bank of Arkansas, FFA, from Pulaski Circuit, Sixteenth Division.
CA03-1429. Wynne Tree Service, Inc. v. Herbert Stratton et al., from Cross Circuit.
CA04-17. Forsgren, Inc. v. Matlock Electric Company, Inc., from Sebastian Circuit, Fort Smith District.
CA04-65. Sergio F. Soto v. Katherine Soto, from Pope Circuit.
CA04-95. May Morgan v. Farm Bureau Mutual Insurance Company of Arkansas, from Faulkner Circuit.
CA04-111. Lorie Davis v. Fresenius Medical Care, from Workers' Compensation Commission.
CA04-117. International Paper Company v. Clifford Wayne Harrell, from Workers' Compensation Commission.
CA04-165. Beverly A. Robinson v. St. Vincent Infirmary Medical Center, from Workers' Compensation Commission.
CA04-218. Michael E. Pollard v. Meridian Aggregates et al., from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E04-127. Brady M. Gold v. Director et al.
E04-128. Janice M. Morgan v. Director et al.
E04-129. Dwight B. Pridgeon v. Director et al.
E04-131. Steve Skidgel v. Director et al.
E04-132. Terravista Landscape & Maintenance v. Director et al.
E04-133. Eugene Christian v. Director et al.
E04-134. Elvis R. Allen v. Director et al.
E04-135. Teresa L. Murphy v. Director et al.
E04-136. Gary L. Robinson v. Director et al.
E04-137. Debbie K. Quebodeaux v. Director et al.
E04-138. Suzan Miller v. Director et al.
E04-139. Royal Vista Inn v. Director et al.