Opinions delivered
September 22, 2004
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR02-175. Kenneth Trigleth v. State of Arkansas, from Chicot Circuit. Affirmed. Hart and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-15. Georgia-Pacific Corporation v. Richard Amerson, from Ashley Circuit. Affirmed. Hart and Vaught, JJ., agree.(11 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA03-1122. Grover Fenton v. Dorothea Pearson, from Lincoln Circuit. Affirmed. Gladwin and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR03-1413. Peggy Paris v. State of Arkansas, from White Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1437. Mark Harness v. Buddy Curtis and Rose Curtis, from Pulaski Circuit. Reversed and Remanded. Stroud, C.J., and Vaught, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1455. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit. Rebriefing Ordered. Stroud, C.J., and Vaught, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR03-1247. Daniel Haak v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA03-1028. Debra L. Yearwood v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission. Affirmed. Griffen and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR03-1446. Donald Heape v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Crabtree, J., agrees. Roaf, J., concurs. (9 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CA03-1377. J. C. Harrison, Jr. v. J. D. Loyd, Faber Mullins, Trustees of Mount Vernon Church of Christ, from Faulkner Circuit. Affirmed in Part; Reversed and Remanded in Part. Crabtree, J., agrees. Roaf, J., concurs. (14 PAGES PUBLISHED) [HTML, WP5.1]
CA04-26. AutoZone v. Wanda Horton, from White Circuit. Reversed and Dismissed. Crabtree and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA04-166. Fred's, Inc. and Royal & Sun Alliance, Inc. v. Deborah Jefferson, from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. Substituted opinion on denial of petition for rehearing delivered December 15, 2004; appears in syllabus that date. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CA03-1227. Bobbie Dozier v. Arkansas Department of Finance and Administration, from Workers' Compensation Commission. Affirmed. Pittman and Gladwin, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR03-1207. Jermaine Hadley v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-988. James Lentz v. Lyndsey Raye Brooks, from Phillips Circuit. Affirmed as Modified. Stroud, C.J., and Hart, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-25. Rick W. Dillard v. Benton County Sheriff's Office, from Workers' Compensation Commission. Reversed and Remanded. Stroud, C.J., and Hart, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR03-1294. Lewis James White v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1406. Lois C. Billingsley and Christena S. Wade v. Harvey Smith Revocable Trust, from White Circuit. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR03-1387. Paul Anthony Moore v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Crabtree, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1445. H.A.S. of Fort Smith, LLC d/b/a Hydraulic & Air, Inc. v J.V. Manufacturing, Inc., from Washington Circuit. Affirmed. Bird and Crabtree, JJ., agree. (12 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).
E04-92. Debi R. Yandell v. Director et al.
E04-107. Martha L. Ramirez v. Director et al.
E04-114. McCoy Franklin v. Director et al.
E04-117. Bridgette R. Davis v. Director et al.
E04-118. Haskell Brasher, Jr. v. Director et al.
E04-119. Sharon Boyd v. Director et al.
E04-120. Gloria Arkadie v. Director et al.
E04-121. Cassandra Meyer v. Director et al.
E04-122. Joann Sallee v. Director et al.
E04-123. Sharon D. Love v. Director et al.
E04-124. James R. Gorman v. Director et al.
E04-125. Mohamed S. Traore v. Director et al.
E04-126. Gregory Shackleford v. Director et al.
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA02-796. John Herzog, Sr., M.D. v. Thomas Glover, from Jefferson Circuit. See dissenting opinion this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
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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 is granted. Allowed $1,000.00.
CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time is granted.
CACR04-600. Tommy Fraley v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal is denied. Bird, J., not participating.
CACR04-600. Tommy Fraley v. State of Arkansas, from Benton Circuit. Appellant's motion to file belated brief is granted. Bird, J., not participating.
CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motions for extension of time to respond to motion for compliance are granted.
CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motions for extension of time to respond to motion for compliance are granted.
CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to accept belated brief is granted.
CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motions for extension of time to respond to motion for compliance are granted.
CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to accept belated brief is granted.
CA03-1263. Allensworth Transmissions et al. v. Johnny L. Rodgers, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA03-1383. SDS Transportation Services, Inc. et al. v. Joseph Garrett, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA04-389. Tamika Tyler v. Arkansas Department of Human Services, from Jefferson Circuit. Appellee's motion for compliance is denied. Appellee's brief due in thirty days.
CA04-468. Unum Life Insurance Company of America v. Frances Edwards, from Pulaski Circuit, Third Division. Appellant's motion to supplement addendum. Appellant granted fifteen days to file substituted abstract, brief, and addendum. Appellee granted fifteen days thereafter to respond, if desired.
CA04-469. Crawford County, Arkansas et al. v. Dottie Jones, from Crawford Circuit. Appellants' motion to file belated brief is granted.
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 is granted. Record deemed supplemented.
CA04-500. Gary Lee Adams v. Diane I. Adams, from Hot Spring Circuit. Appellant's motion for additional brief time is granted for 45 days. Hart, Bird, and Baker, JJ., would grant 90-day extension. Griffen and Crabtree, JJ., would deny.
CA04-539. Terry Potocki v. St. Edward Mercy Medical Center, from Workers' Compensation Commission. Appellant's motion for oral argument is granted.
CA04-562. Glenn Misenheimer v. Bill Jason, Sheriff, from Stone Circuit. Appellant's motion for additional brief time is granted.
CA04-749. Arkansas Blue Cross and Blue Shield v. Randy Lee McQuay, from Craighead Circuit, Western District. Joint motion to stay briefing schedule is granted. Stroud, C.J., not participating.
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 is denied.
E04-224. Gural Foster v. Director et al., from Board of Review. Appellant's second pro se motion for reconsideration is denied.
The following case is dismissed for failure to file briefs.
CA04-563. Angela Courtney v. Arelco, Inc. and National Car Rental, from Pulaski Circuit, Second Division.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR03-1239. Demetrius Colbert v. State of Arkansas, from Lee Circuit.
CA03-1376. Alvin R. Lansdell v. Georgia Pacific, from Workers' Compensation Commission.
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CACR03-1419. James Odis Gossett, Jr. v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees.
CACR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Appellee's motion to release sealed record.
CACR04-275. Phillip E. Young v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time.
CACR04-446. Jerome Whipple v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time.
CA04-240. JoAnn (Blankenship) Silk v. Lamb & Associates Packaging, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.
CA04-243. Charles F. Burkett v. Martha A. Burkett, from Pulaski Circuit, Twelfth Division. Appellant's motion for additional brief time.
CA04-359. Richard Angell v. Cooper Tire & Rubber Company, from Workers' Compensation Commission. Appellant's motion for additional brief time.
CA04-788. Russell Dolloff v. USA Truck, Inc., from Workers' Compensation Commission. Appellant's pro se motion to file belated brief and for brief time.
CA04-811. Charles E. Winkler, Administrator v. Dr. John P. Bethell et al., from Pulaski Circuit, Third Division. Motion to expand page limit for appellant's brief.
CA04-837. Charles King v. Waylon Henry, from Jefferson Circuit. Appellant's motion to recall writ of certioriari and motion to remand.
CA04-846. Jenkins Family Limited Partnership et al. v. City of Fort Smith, Arkansas, from Crawford Circuit. Appellants' motion for expansion of page limit.
CA04-942. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Appellant's motion to stay all proceedings pending appeal.
CA04-967. W. K. C. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellant's motion for anonymity.
SUBMISSIONS
CA03-654. Betty Roach v. PPG Industries, Inc., from Washington Circuit. Argued orally.
CACR03-580. Keir Thristian Frazee v. State of Arkansas, from Sebastian Circuit, Greenwood District.
CACR03-661. Anthony Levell Brown v. State of Arkansas, from Jefferson Circuit.
CACR03-1209. Daniel Dorsey v. State of Arkansas, from Crittenden Circuit.
CACR03-1343. Kendall Scott Dunbar v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR03-1357. Billy Lawson v. State of Arkansas, from Faulkner Circuit.
CACR03-1409. Bobby Ray Blalock v. State of Arkansas, from Hempstead Circuit.
CACR04-39. James Lumpkin v. State of Arkansas, from Phillips Circuit.
CACR04-185. Jeremy Nathan Burns v. State of Arkansas, from Polk Circuit.
CA03-961. Cumberland Casualty & Surety Company v. Lamar School District, from Johnson Circuit.
CA03-992. Lloyd Parks v. Charles Atkins, Sr., from Lincoln Circuit.
CA03-1150. William Belmont v. Shirley Brown Belmont, from Pulaski Circuit, Seventeenth Division.
CA03-1178. Mary L. Hodges Bradley v. Robert L. Frazier, from Mississippi Circuit, Chickasawba District.
CA03-1243. Bobby DeShields v. State of Arkansas, from Benton Circuit.
CA03-1284. Kristy L. McBride v. Ann S. Thompson, from Sebastian Circuit, Fort Smith District.
CA03-1290. Christopher Ray Kinderknecht v. State of Arkansas, from Benton Circuit.
CA03-1424. Brittney Harris v. JSK Enterprises, Inc. et al., from Pulaski Circuit, Third Division.
CA04-52. Edna Thomas Brown v. Pine Bluff Nursing Home, from Jefferson Circuit.
CA04-58. James Taylor v. City of North Little Rock et al., from Pulaski Circuit, Second Division.
CA04-59. Toby Markham v. Sutton Lumber et al., from Workers' Compensation Commission.
CA04-81. Atlas Carriers et al. v. Allen W. Sexton, from Workers' Compensation Commission.
CA04-181. Joseph Phillips v. North Point Ford, from Workers' Compensation Commission.
CA04-266. Robert L. Cook v. ABF Freight System, Inc., from Workers' Compensation Commission.
CA04-298. Billy Joe Rylant v. Monica Hicks, from Greene Circuit.
The following cases are appeals from the Arkansas Board of Review.
E04-140. Stephanie L. Evans v. Director et al.
E04-141. Stephanie L. Evans v. Director et al.
E04-146. Nancy L. Reynolds v. Director et al.
E04-147. Raenartha Flowers v. Director et al.
E04-148. Rose S. Covert v. Director et al.
E04-150. E.T. Williams v. Director et al.
E04-151. Albert A. Haigler v. Director et al.
E04-152. Charles E. Pruitt, Jr. v. Director et al.
E04-153. Charline Smith v. Director et al.
E04-154. Rebecca J. White v. Director et al.
E04-155. Express Services, Inc. v. Director et al.
E04-156. Earl J. Noe v. Director et al.