ARKANSAS COURT OF APPEALS

Opinions delivered
September 29, 2004


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JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-1123. Henry and A. J. Winbery, Travelers' Insurance Company, and Joe Parker Construction v. James A. Neasley (Deceased) and Summit Contractors, Inc., from Workers' Compensation Commission. Affirmed. Hart and Vaught, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA04-65. Sergio F. Soto v. Katherine Soto, from Pope Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-1431. Julius Yankaway v. State of Arkansas, from Mississippi Circuit. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-103. Dimple Jennen v. Diamondhead Property Owners Association, from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-94. Marcus Howard v. State of Arkansas, from Union Circuit. Affirmed. Griffen and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-218. Michael E. Pollard v. Meridian Aggregates et al., from Workers' Compensation Commission. Reversed and Remanded. Griffen and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR04-135. Charles Chew v. State of Arkansas, from Mississippi Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-17. Forsgren, Inc. v. Matlock Electric Company, Inc., from Sebastian Circuit, Fort Smith District. Affirmed. Crabtree and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-167. Urbin Adan Lopez-Perez v. State of Arkansas, from Carroll Circuit, Western District. Affirmed. Robbins and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-111. Lorie Davis v. Fresenius Medical Care, from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-1301. Amanda Kelley v. Jason S. Kelley, from Jefferson Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-117. International Paper Company v. Clifford Wayne Harrell, from Workers' Compensation Commission. Affirmed. Pittman and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-1336. Kenya Baker v. West Fraser South, Inc., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Hart, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1429. Wynne Tree Service, Inc. v. Herbert Stratton d/b/a Herbert Stratton Farms, from Cross Circuit. Reversed and Remanded. Stroud, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-891. Christopher Ivey v. State of Arkansas, from Hot Spring Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1148. Linda Eaton v. Country Heritage Landscaping, from Washington Circuit. Reversed and Remanded. Bird and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-1152. Fred Phillips v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, Robbins, and Vaught, JJ., agree. Hart and Roaf, JJ., dissent. (4 PAGES + 2-PAGEDISSENT PUBLISHED) [HTML, WP5.1]

CACR03-1346. Larry Nash, Jr. v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1399. Corn Insurance Agency, Inc. et al. v. First Federal Bank of Arkansas, F.A., from Pulaski Circuit. Reversed and Remanded. Robbins and Griffen, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-1153. Tyrone Donald Turner v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Bird and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1349. Tonya Smith and William Smith v. Farm Bureau Mutual Insurance Company of Arkansas, Inc., from Yell Circuit. Reversed and Remanded. Pittman, Hart, and Robbins, JJ., agree. Baker, J., concurs. Vaught, J., dissents. (12 PAGES + 2-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

E03-405. Southwestern Bell Telephone, L.P. v. Director, Employment Security Department and Stephen E. Barkley, from Board of Review. Reversed and Remanded. Bird and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

STEELE HAYS, SPECIAL JUDGE:

CA03-1017. Lula Jean Hobbs v. Carmelia Moore and The Estate of Albert Jones, Deceased, from Lee Circuit. Affirmed. Special Judges Robert H. Dudley and Jack Holt, Jr., agree. ( 8 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-142. George Stokes v. Farmers Grain Terminal et al., from Desha Circuit. Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-593. Rosa Owen, Individually and as Parent and Next Friend of Ashley Owen, a Minor v. Continental Insurance Company, from Washington Circuit. Dismissed. (3 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).

E04-127. 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.

E04-133. 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.

PER CURIAM ORDERS

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

CA03-861. Linda Camarillo-Cox v. Arkansas Department of Human Services, from Benton Circuit. Pittman, J., would grant. See dissenting opinion this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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 is granted. Allowed $1,000.00. Pittman, J., would deny without prejudice. See Sup. Ct. Rule 6-6(c).

CACR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Appellee's motion to release sealed record is granted.

CACR04-446. Jerome Whipple v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time is granted.

CA03-1299. Baxter County Regional Hospital v. Arlene Dixon, from Workers' Compensation Commission. Appellee's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny. See dissenting opinion this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-240. JoAnn (Blankenship) Silk v. Lamb & Associates Packaging, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted. Griffen, J., 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. Griffen, J., would grant 30 days. Stroud, C.J., Pittman, Gladwin, Robbins, and Vaught, JJ., would make this final extension. Crabtree, J., would deny.

CA04-359. Richard Angell v. Cooper Tire & Rubber Company, from Workers' Compensation Commission. Appellant's motion for additional brief time is granted. Robbins and Griffen, JJ., would grant 30 days and make this final extension.

CA04-690. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Appellant's motion to stay all proceedings pending appeal is denied. Neal, J., not participating.

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 is granted. Appellant's brief due October 29, 2004.

CA04-837. Charles King v. Waylon Henry, from Jefferson Circuit. Appellant's motion to recall writ of certioriari and motion to remand is granted.

CA04-846. Jenkins Family Limited Partnership et al. v. City of Fort Smith, Arkansas, from Crawford Circuit. Appellants' motion for expansion of page limit is granted.

CA04-886. Peggy Taylor v. Jimmy Don Hamilton, from Jefferson Circuit. Appellant's motion to consolidate is granted.

CA04-942. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Appellant's motion to stay all proceedings pending appeal is denied. Neal, J., not participating.

CA04-967. W. K. C. v. Arkansas Department of Human Services, from Pulaski Circuit, TenthDivision. Appellant's motion for anonymity is denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA03-1218. Mary L. Watkins Revocable Trust, Glenda Sue Morris and Bobbi A. Boone v. John Watkins, from Conway Circuit.

CA03-1323. Miller County and Association of Arkansas Counties v. John David Stewart, from Workers' Compensation Commission.

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CACR02-175. Kenneth Trigleth v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees.

CACR02-1340. Barney Allen Barnett v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees.

CACR03-1176. Douglas Leon Hodges v. State of Arkansas, from Fulton Circuit. Motion of Bradley D. Sipe for attorney's fees.

CACR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Appellant's motion for extension of time to file supplemental record.

CACR03-1387. Paul Anthony Moore v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Dale E. Adams for attorney's fees.

CACR04-171. Darren W. Hawkins v. State of Arkansas, from Washington Circuit. Appellant's second pro se motion to file supplemental brief.

CACR04-313. Donald Simmons v. State of Arkansas, from Clark Circuit. Appellant's motion to supplement the record.

CACR04-456. Calvin Walker v. State of Arkansas, from Ashley Circuit. Appellant's motion for additional brief time.

CACR04-679. Barry Fairow v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Dennis R. Molock to withdraw as counsel for appellant.

CACR04-958. Mark Turbyfill v. State of Arkansas, from Saline Circuit. Motion of Dale E.Adams and P. Douglas Mays to be relieved as counsel for appellant.

CA03-1252. Hargis Transport v. James Chesser, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA03-1416. Mark George v. Arkansas Department of Human Services, from Pulaski Circuit, Sixth Division. Resubmission of appellee's motion to dismiss for failure to file trial transcripts.

CA04-377. Howard Harper v. Arkansas Rehabilitation Services, from Workers' Compensation Commission. Appellant's motion for oral argument.

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.

CA04-819. James H. Goffin v. Wackenhut Corporation, from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA04-881. Insurance Corporation of Hannover v. Elzie "Carlos" Davis, from Craighead Circuit, Western District. Appellant's motion for substitution of counsel.

CA04-955. Ann Wooley v. Planter's Cotton Oil Mill, Inc. et al., from Jefferson Circuit. Appellant's motion to supplement the record.

E04-316. Richard Spilman v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CA03-1344. A. G. Edwards & Sons, Inc. v. Richard Dale Myrick, from Garland Circuit. Argued orally.

CACR03-1107. Berry Mosley v. State of Arkansas, from White Circuit.

CACR03-1216. Jamie Ray Baxter v. State of Arkansas, from Crawford Circuit.

CACR03-1233. Raymundo Gonalez-Vargas v. State of Arkansas, from Washington Circuit.

CACR03-1328. Barbara Bogard v. State of Arkansas, from Faulkner Circuit.

CACR03-1364. Keith Tenner v. State of Arkansas, from Bradley Circuit.

CACR03-1398. Korey Fells v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-1444. Renny's Bail Bond Company et al. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-82. Keith Lavell Thomas v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR04-105. Sean E. Beagles v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA03-771. Rhonda Morris Smith v. Robert Newton Morris, from Pope Circuit.

CA03-846. Paul Sudmeier et al. v. Bill Wallace et al., from Washington Circuit.

CA03-1116. Paul Marcus Slaton v. Karen Elizabeth Jones, from Pope Circuit.

CA03-1155. Louise A. Henyan et al. v. Richard D. Peek, M.D. et al., from Pulaski Circuit, Second Division.

CA03-1254. UNIMIN Corporation et al. v. Barry D. Goff, from Workers' Compensation Commission.

CA03-1335. Ricky Wallace v. West Fraser South, Inc., from Workers' Compensation Commission.

CA03-1416. Mark George v. Arkansas Department of Human Services, from Pulaski Circuit, Sixth Division.

CA03-1428. Sheryll Denise Aswell v. Mickey Lane Aswell, from Benton Circuit.

CA03-1462. Trung Ian Dang v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA03-1464. Margie Elaine Rocconi v. James Richard Rocconi, from Ouachita Circuit.

CA04-38. Paul Hendrickson v. Randall Carpenter, from Drew Circuit.

CA04-153. Terry Jones v. Barbara Billingsly, from Independence Circuit.

CA04-194. Richard Hawkins v. International Paper Company, from Workers' Compensation Commission.

CA04-248. Courtney Harrison v. Mr. Burger of Arkansas, Inc. et al., from Workers' Compensation Commission.

The following cases are appeals from the Arkansas Board of Review.

E04-1. City of Batesville v. Director et al.

E04-157. Forrest R. Stewart, Jr. v. Director et al.

E04-158. Tina L. Nuckles v. Director et al.

E04-159. Michael E. Johnson v. Director et al.

E04-160. Brenda F. Johnson v. Director et al.

E04-162. Betty Elliott v. Director et al.

E04-163. Terry W. Tuck v. Director et al.

E04-164. Megan L. Wright v. Director et al.

E04-165. Robin Taylor v. Director et al.

E04-166. Diana G. Whittmore v. Director et al.

E04-167. Carolyn Quinn v. Director et al.

E04-168. Paula M. Jenkins v. Director et al.