Opinions delivered
October 6, 2004
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR04-39. James Lumpkin v. State of Arkansas, from Phillips Circuit. Affirmed. Hart and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-58. James Taylor v. City of North Little Rock and Travelers Indemnity Company, from Pulaski Circuit. Reversed and Remanded. Hart and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA04-95. May Morgan v. Farm Bureau Mutual Insurance Company of Arkansas, from Faulkner Circuit. Reversed and Remanded. Hart and Vaught, JJ., agree. Substituted opinion on grant of petition for rehearing delivered December 15, 2004; appears in syllabus that date. (7 PAGES PUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR03-1209. Daniel Dorsey v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1113. Corina Simpson v. Clarence Simpson, III, from Franklin Circuit, Northern District. Affirmed in Part; Reversed and Remanded in Part. Gladwin and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA03-1243. Bobby DeShields v. State of Arkansas, from Benton Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1284. Kristy L. McBride v. Ann S. Thompson, from Sebastian Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR03-1374. James Orval Davidson v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-654. Betty Roach, Administratrix of the Estate of Randall Roach, Deceased v. PPGIndustries, Inc. et al., from Washington Circuit. Affirmed. Pittman and Neal, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR03-1343. Kendall Scott Dunbar v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Griffen and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
E04-132. Terravista Landscape v. Director, Employment Security Department and Wilfredo Morales, from Board of Review. Reversed and Remanded. Crabtree and Roaf, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-185. Jeremy Burns v. State of Arkansas, from Polk Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1224. Arthur Johnson, M.D. v. Renita Cotton-Johnson, M.D., from Sebastian Circuit. Affirmed as Modified. Stroud, C.J., Hart, Robbins, and Vaught, JJ., agree. Baker, J., dissents in part. (15 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA03-1150. William Belmont v. Shirley Brown Belmont, from Pulaski Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-59. Toby Markham v. Sutton Lumber and Bituminous Insurance Companies, from Workers' Compensation Commission. Reversed and Remanded. Stroud, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA04-81. Atlas Carriers and Insurisk Management Services v. Allen W. Sexton, from Workers' Compensation Commission. Dismissed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR03-580. Keir Thristian Frazee v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR03-981. David Clay Garrett, IV v. State of Arkansas, from Benton Circuit. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1408. Minnie Little v. National Healthcare of Newport, Inc., Harris Hospital, Aubrey Allensworth and Stephanie Cash, from Jackson Circuit. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR03-661. Anthony Levell Brown v. State of Arkansas, from Jefferson Circuit. Affirmed. Bird and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-266. Robert Cook v. ABF Freight Systems, Inc., from Workers' Compensation Commission. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CA04-54. Moore's Investment Company, Inc. et al. v. Mitchell, Williams, Selig, Gates, & Woodyard, from Pulaski Circuit. Dismissed. (2 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).
E04-140. 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.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR03-1239. Demetrius Colbert v. State of Arkansas, from Lee Circuit.
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 is granted. Allowed $750.00.
CACR02-1340. Barney Allen Barnett v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $900.00.
CACR03-1176. Douglas Leon Hodges v. State of Arkansas, from Fulton Circuit. Motion of Bradley D. Sipe for attorney's fees is granted. Allowed $1,000.00.
CACR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Appellant's motion for extension of time to file supplemental record is granted.
CACR03-1387. Paul Anthony Moore v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Dale E. Adams for attorney's fees is granted. Allowed $1,000.00.
CACR04-171. Darren W. Hawkins v. State of Arkansas, from Washington Circuit. Appellant's second pro se motion to file supplemental brief is denied.
CACR04-275. Phillip E. Young v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time is granted for forty-five days. Final extension. Griffen, J., would grant a thirty day final extension. Crabtree, J., would deny. See dissent this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-313. Donald Simmons v. State of Arkansas, from Clark Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.
CACR04-456. Calvin Walker v. State of Arkansas, from Ashley Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would make this final extension.
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 is granted.
CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion for compliance and to stay briefing schedule is granted in part; denied in part. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
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. Moot.
CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion for compliance and to stay briefing schedule is granted in part; denied in part. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
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. Moot.
CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion for compliance and to stay briefing schedule is granted in part; denied in part. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
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. Moot.
CA03-1252. Hargis Transport v. James Chesser, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Allowed $1,000.00.
CA04-377. Howard Harper v. Arkansas Rehabilitation Services, from Workers' Compensation Commission. Appellant's motion for oral argument 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. Griffen, J., would make this final extension.
CA04-811. Charles E. Winkler, Administrator v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal is passed until case is submitted. Pittman, Gladwin, Robbins, Bird, Vaught, and Roaf, JJ., would grant appellees' motion to dismiss as to appellant's appeal from orders entered in Pulaski County Circuit Court Case No. CV-2001-4704.
CA04-811. Charles E. Winkler, Administrator v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division. Appellant's motion to complete the record and for brief time is granted. Record deemed supplemented.
CA04-811. Charles E. Winkler, Administrator v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division. Appellant's motion to stay brief time is moot.
CA04-811. Charles E. Winkler, Administrator v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division. Joint motion to supplement the record. Moot.
CA04-811. Charles E. Winkler, Administrator et al. v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division. Motion to expand page limit for appellant's brief is denied.
CA04-819. James H. Goffin v. Wackenhut Corporation, from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted. Griffen, J., would deny.
CA04-881. Insurance Corporation of Hannover v. Elzie "Carlos" Davis, from Craighead Circuit, Western District. Appellant's motion for substitution of counsel is granted.
CA04-955. Ann Wooley v. Planter's Cotton Oil Mill, Inc. et al., from Jefferson Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.
E04-316. Richard Spilman v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.
MOTIONS SUBMITTED
CACR03-1247. Daniel Haak v. State of Arkansas, from Garland Circuit. Motion of Tracy R. Rothermel for attorney's fees.
CACR03-1431. Julius Yankaway v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of John H. Bradley for attorney's fees.
CACR04-135. Charles Chew v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of John H. Bradley for attorney's fees.
CACR04-179. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Appellee's motion to stay brief time, or, in the alternative, motion for extension of brief time.
CACR04-383. Karen Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time.
CACR04-446. Jerome Whipple v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief and for brief time.
CACR04-540. Bobby Powell v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time.
CACR04-610. Bobby Posey v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time.
CACR04-701. Cardrick Flowers v. State of Arkansas, from Johnson Circuit. Appellant's motion for additional brief time.
CACR04-793. Kurtis Ray Easter v. State of Arkansas, from Izard Circuit. Appellant's motion to change name.
CACR04-883. Ronald Syrock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Robert S. Blatt to be substituted as counsel for appellant.
CACR04-919. Myeshia Stevens v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to correct the record and for brief time.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney to be relieved as counsel for appellant.
CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Appellant's motion for extension of time to complete the record and for brief time.
CA04-321. Linda S. Koch et al. v. Northport Health Services of Arkansas, LLC, from Sebastian Circuit, Fort Smith District. Joint motion to correct and supplement the record.
CA04-374. Josephine Barry Rogers v. Doyle "Rog" Rogers, Jr., from Pulaski Circuit, Seventeenth Division. Appellee's motion for additional brief time.
CA04-760. Acxiom Corporation v. Joseph E. Blankenship et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to stay briefing schedule pending settlement.
CA04-802. David W. Scoggins v. The Estate of Evelyn Streff, Deceased, from Saline Circuit. Appellee's motion to dismiss appeal.
CA04-909. Larry Shannon d/b/a Economy Wrecker v. Arkansas Towing and Recovery Board, from Pulaski Circuit, Second Division. Appellant's motion for stay.
CA04-1000. Mark J. Worley v. Carol L. Worley, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.
E04-143. Bobby Crabb v. Director et al., from Board of Review. Appellant's motion to file a belated brief and for brief time.
SUBMISSIONS
CACR03-485. Jason Rogers v. State of Arkansas, from Crittenden Circuit.
CACR03-737. Melvin Eugene Finley v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR03-1045. Kenneth Ray Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR03-1118. Gwen Rena Jarrett v. State of Arkansas, from Pulaski Circuit, First Division.
CACR03-1192. Timothy Jarmane McDaniels v. State of Arkansas, from Hot Spring Circuit.
CACR03-1300. Kelly E. Vest v. State of Arkansas, from Craighead Circuit, Western District.
CACR03-1347. Bobby Morris v. State of Arkansas, from Lonoke Circuit.
CACR04-9. Adam Huskey v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR04-18. DeLarron Keith Washington v. State of Arkansas, from Union Circuit.
CACR04-118. Gary Block v. State of Arkansas, from Pulaski Circuit, First Division.
CACR04-171. Darren Wayne Hawkins v. State of Arkansas, from Washington Circuit.
CACR04-309. William Ehemann v. State of Arkansas, from Pope Circuit.
CA03-1353. Kelly Otto Clark v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.
CA03-1386. William L. Johnson, Jr. v. Bessie M. Johnson, from Ashley Circuit.
CA03-1472. Halley P. Joplin v. Janice L. Joplin, from Pope Circuit.
CA04-29. Steve Grisham v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA04-35. Alma Brooks v. Travis Chapman et al., from Drew Circuit.
CA04-92. Daniel Morales v. Hector Martinez, from Workers' Compensation Commission.
CA04-125. Lily Crowley v. McKee Foods, from Workers' Compensation Commission.
CA04-183. Christine Sherman v. Earley Wallace, from Crittenden Circuit.
CA04-186. Peggy Lindsey v. Thurl Lindsey et al., from Workers' Compensation Commission.
CA04-238. Tinamarie Baptista v. Kroger Company, from Workers' Compensation Commission.
CA04-370. Gerald Robinson v. Karen Ford-Robinson, from Pulaski Circuit, Seventeenth Division.
CA04-519. Noemi E. Sanchez v. Arkansas Department of Human Services, from Bradley Circuit.
The following cases are appeals from the Arkansas Board of Review.
E04-169. Janette Cole v. Director et al.
E04-170. Irene I. Kelly v. Director et al.
E04-171. Best Buy Home Furnishings, Inc. v. Director et al.
E04-172. Alice R. Christman v. Director et al.
E04-173. Ashley C. Weffenstette v. Director et al.
E04-175. Cuba Cheatham v. Director et al.
E04-177. Sonic of DeWitt v. Director et al.
E04-178. Delores Gross v. Director et al.
E04-179. Carol A. Borela v. Director et al.
E04-180. Anita L. Kennedy v. Director et al.
E04-181. Jewel M. Parker v. Director et al.
E04-182. Terrance Rogers v. Director et al.