ARKANSAS COURT OF APPEALS

Opinions delivered
October 27, 2004


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JOHN F. STROUD, JR., CHIEF JUDGE:

CACR04-9. Adam Huskey v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-370. Gerald Robinson v. Karen Ford-Robinson, from Pulaski Circuit, Seventeenth Division. Affirmed. Pittman and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-1067. Douglas Edward Wilson v. State of Arkansas, from Lonoke Circuit. Affirmed. Gladwin and Neal, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-1216. Jamie Ray Baxter v. State of Arkansas, from Crawford Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-1045. Kenneth Wilson v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-125. Lily Crowley v. McKee Foods, from Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA04-165. Beverly Robinson v. St. Vincent Infirmary Medical Center, from Workers' Compensation Commission. Affirmed. Neal, J., agrees. Pittman, J., concurs. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-1192. Timothy Jarmane McDaniels v. State of Arkansas, from Hot Spring Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-186. Peggy Lindsey v. Thurl Lindsey and Hartford Underwriters Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Gladwin and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-1398. Korey Fells v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Hart and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1424. Brittney Harris v. JSK Enterprises, Inc. and William E. Mills, from Pulaski Circuit, Third Division. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA04-29. 1993 Ford Pick-up (VIN #1FTDF15Y4PNA28918); Steve Grisham v. State of Arkansas, from Sebastian Circuit. Reversed. Neal and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

E03-127. Dedra D. Thompson, Jeff Mynatt, Shana Mynatt, and Paul Albert v. Director, Employment Security Department and Arkansas Eastman Division, from Board of Review. Reversed and Remanded for Award of Benefits. Stroud, C.J., and Hart, J., agree. Baker, J., concurs. Robbins and Vaught, JJ., dissent. (5 PAGES + 2-PAGE CONCURRENCE + 3-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-18. DeLarron Keith Washington v. State of Arkansas, from Union Circuit. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1464. Margie Elaine Rocconi v. James Richard Rocconi, from Ouachita Circuit. Affirmed. Griffen and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA04-35. Alma Brooks v. Travis Chapman, Denise Chapman, and Union Bank & Trust Company, from Drew Circuit. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-181. Joseph Phillips v. North Point Ford and Zurich Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-118. Gary Block v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1472. Halley P. Joplin v. Janice L. Joplin, from Pope Circuit. Reversed and Remanded. Gladwin and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-485. Jason B. Rogers v. State of Arkansas, from Crittenden Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1254. Uninim Corporation, Zurich American Insurance Company and Second Injury Fund v. Barry D. Goff, from Workers' Compensation Commission. Affirmed. Stroud, C.J., agrees. Pittman, J., concurs. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1353. Kelly Otto Clark v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Pittman, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1462. In Re $302.00 in U.S. Currency, from Sebastian Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-298. Billy Joe Rylant v. Monica Hicks, from Greene Circuit. Affirmed. Bird and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-171. Darren Wayne Hawkins v. State of Arkansas, from Washington Circuit. Reversed and Remanded. Hart and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA04-519. Noemi E. Sanchez and Edgar Sanchez v. Arkansas Department of Human Services, from Bradley Circuit. Affirmed. Hart and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-309. William F. Ehemann v. State of Arkansas, from Pope Circuit. Affirmed. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1386. William L. Johnson, Jr. v. Bessie M. Johnson, from Ashley Circuit. Affirmed. Griffen and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA04-219. Traci Mitchell v. Dr. Lance Lincoln et al., from Marion 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).

E04-169. 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.

E04-179. 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.

PER CURIAM ORDERS

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

CACR03-1387. Paul Anthony Moore v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-1413. Peggy Paris v. State of Arkansas, from White Circuit.

CA04-25. Rick W. Dillard v. Benton County Sheriff's Office, from Workers' Compensation Commission.

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CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to recall mandate is denied.

CACR03-891. Christopher Ivey v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $1,000.00.

CACR03-1091. Carolyn Fleming v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Mark F. Hampton for attorney's fees is granted. Allowed $1,000.00.

CACR03-1409. Bobby Ray Blalock v. State of Arkansas, from Hempstead Circuit. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $1,000.00.

CACR04-105. Sean E. Beagles v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00. Pittman, J., would deny without prejudice.

CACR04-507. David E. Gipson v. State of Arkansas, from Crawford Circuit. Appellant's second petition for writ of certiorari to complete the record and for brief time is granted.

CACR04-542. James E. Baker, Jr. v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion for stay of briefing schedule pending Supreme Court review is granted.

CACR04-629. Terri Irene Sanders v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion for additional brief time is granted. Appellant's brief due in sixty days.

CACR04-958. Mark Turbyfill v. State of Arkansas, from Saline Circuit. Motion of William C. McArthur and J. Blake Hendrix to be substituted as counsel for appellant and for brief time is granted. Appellant's brief due December 6, 2004.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney to be relieved as counsel for appellant is granted.

CA03-1428. Sheryll Denise Aswell v. Mickey Lane Aswell, from Benton Circuit. Appellee's motion for attorney's fees and costs is denied.

CA04-70. Clifford Castor v. Southfork Café et al., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to dismiss appeal is denied.

CA04-70. Clifford Castor v. Southfork Café et al., from Workers' Compensation Commission. Motion of appellees, Southfork Cafe and Houston General Insurance Company, to dismiss appeal is denied.

CA04-70. Clifford Castor v. Southfork Café et al., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motion to reinstate appeal and to supplement the record is denied.

CA04-81. Atlas Carriers, Inc. et al. v. Allen W. Sexton, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Stroud, C.J., Pittman, and Hart, JJ., would deny. Griffen, J., not participating.

CA04-358. Angelia Hackelton v. Mark J. Malloy, M.D., from Monroe Circuit. Appellant's motion for oral argument is granted. Vaught, J., not participating.

CA04-405. Garland Trice v. Trenton Trice, from Lee Circuit. Appellee's motion to file belated brief is granted.

CA04-541. Edward A. Kubisty v. Office of Child Support Enforcement, from Faulkner Circuit. Appellant's pro se motion to file belated brief is granted. Baker, J., not participating.

CA04-560. McDonald Mobile Homes, Inc. d/b/a Harrison Home Center v. BankAmerica Housing Services, from Carroll Circuit, Eastern District. Appellee's motion to file supplemental brief is granted. Supplemental brief due in ten days.

CA04-562. Glenn Misenheimer v. Bill Jason, Sheriff, from Stone Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due November 11, 2004.

CA04-671. Jeffrey Dean Brewer et al. v. Marvin L. Poole, M.D., et al., from Scott Circuit. Motion of Quattlebaum, Grooms, Tull & Burrow PLLC to withdraw as counsel for appellants is granted.

CA04-695. Margie Roxanna Jones v. Darrell Wayne Coker et al., from Little River Circuit. Appellant's motion to file belated reply brief is granted.

CA04-744. Rose Care, Inc. d/b/a Rose Care of Benton I v. Helen Ross, as Special Administrator on Behalf of Eula Givens, from Saline Circuit. Joint motion to supplement the record is granted.

CA04-802. David W. Scoggins v. The Estate of Evelyn Streff, Deceased, from SalineCircuit. Appellee's motion to dismiss appeal is granted.

CA04-957. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit. Appellant's pro se motion to stay orders of the Circuit Court is denied.

CA04-957. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit. Appellant's pro se motion for relief is denied.

CA04-957. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit. Appellant's pro se motion for contempt is denied.

CA04-1000. Mark J. Worley v. Carol L. Worley, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal is granted. Motion for attorney's fee is denied. Bird, J., would grant.

E04-224. Gural Foster v. Director et al., from Board of Review. Appellant's third pro se motion for reconsideration is denied.

E04-316. Richard Spilman v. Director et al., from Board of Review. Appellant's pro se motion for reconsideration is denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR03-1374. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA03-1028. Debra L. Yearwood v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission.

CA03-1429. Wynne Tree Service, Inc. v. Herbert Stratton d/b/a Herbert Stratton Farms, from Cross Circuit.

CA04-95. May Morgan v. Farm Bureau Mutual Insurance Company of Arkansas, from Faulkner Circuit.

CA04-266. Robert Cook v. ABF Freight Systems, Inc., from Workers' Compensation Commission.

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CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion to reinvest jurisdiction in the trial court to consider a petition for writ of error coramnobis.

CACR03-1209. Daniel Dorsey v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time.

CACR04-408. Larry York v. State of Arkansas, from Van Buren Circuit. Resubmission of motion of Ralph J. Blagg to withdraw and to substitute Charles D. Hancock as counsel for appellant.

CACR04-583. Helen Marie Gately v. State of Arkansas, from Washington Circuit. Appellant's motion for additional brief time.

CACR04-978. Junior Lee Evans v. State of Arkansas, from Carroll Circuit, Western District. Motion of Rachel A. Runnels to be relieved and to substitute J. Hudson Shepard as counsel for appellant.

CA03-924. McDairmid's Addition to the City of North Little Rock et al. v. William B. Blevins

et al., from Pulaski Circuit, Thirteenth Division. Resubmission of motion of separate appellees, William S. Robinson and Harriet Robinson, to dismiss appeal.

CA03-1273. Rolinda Kight v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of former attorney for appellant, Rita B. Atkinson, for attorney's fees.

CA04-348. Gwen Morgan v. Ronnie Whorton, from Pope Circuit. Appellant's motion to file amended addendum.

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.

CA04-913. AEC One Stop Group, Inc. v. Family Entertainment Superstores, Inc. d/b/a Family Video Superstores, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record.

CA04-931. Frank Simmons v. Lawrence Davis, Jr., from Phillips Circuit. Appellant's motion to file belated brief.

CA04-1078. John Charles Bushue v. Arkansas Department of Human Services, from Washington Circuit. Motion of the attorney ad litem for anonymity and to seal the record pending a decision.

CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Motion of Christine Howart to withdraw and to substitute Mary M. White Schneider as counsel for appellant.

CA04-1116. Woodrow Swaim v. Wal-Mart Associates, Inc. et al., from Workers' CompensationCommission. Motion of appellees, Wal-Mart Associates, Inc. and Claims Management, Inc., to dismiss appeal.

E03-400. Southwestern Bell Telephone, L.P. v. Director et al., from Board of Review. Joint motion to suspend proceedings and extend briefing schedules in E03-400, E03-401, E03-402, E03-403, E03-404, E03-406, E03-407, E04-18, E04-19, E04-20, E04-105, E04-144, E04-174, and E04-228 until E03-405 is finalized.

SUBMISSIONS

CACR03-1172. Charles Robinson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Argued orally.

CACR02-1005. Robert Spears v. State of Arkansas, from Miller Circuit.

CACR03-1261. Derrick Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-141. Deryl Williams v. State of Arkansas, from Benton Circuit.

CACR04-144. Darrell Lewis Gentry v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR04-170. Kenneth Harold Jordan, Jr. v. State of Arkansas, from Hempstead Circuit.

CACR04-201. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit.

CACR04-226. Pamela Gay Barnett v. State of Arkansas, from Ashley Circuit.

CACR04-428. Geoffrey Chris Lueken v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA03-924. McDairmid's Addition to the City of North Little Rock v. William B. Blevins et al., from Pulaski Circuit, Thirteenth Division.

CA03-1047. The Cato Corporation v. Phillips Investments, Inc., from Mississippi Circuit, Osceola District.

CA04-7. David R. Williams v. Golf Cars of Arkansas, Inc., from Pulaski Circuit, Third Division.

CA04-57. Richard J. Hudson et ux. v. Emile Hilo et ux., from Pulaski Circuit, Sixth Division.

CA04-112. Frederick L. Williams v. Healthcare Services Group, from Workers' Compensation Commission.

CA04-214. James Huey v. Sandra (Huey) Sheiron, from Drew Circuit.

CA04-224. Richard McFarlin v. Conway Regional Medical Center et al., from Workers'Compensation Commission.

CA04-246. Carol Marx v. Huron Little Rock, L.L.C., from Pulaski Circuit, Sixth Division.

CA04-254. Breezy Mayfield v. Arkansas Department of Human Services, from Cleveland Circuit.

CA04-319. Robert Powell v. Daymark Group, Inc. et al., from Workers' Compensation Commission.

CA04-470. Arthur Piper v. State of Arkansas, from Drew Circuit.

CA04-504. Fatin Odoemenam v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.

CA04-658. Dee Anne Nuckols v. Larry Don Miles, from Drew Circuit.

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

E04-196. Paula R. Inmon v. Director et al.

E04-198. Ida Green v. Director et al.

E04-199. Ida Green v. Director et al.

E04-200. Ida Green v. Director et al.

E04-201. William T. Garrick, III v. Director et al.

E04-202. Winston L. Lambert v. Director et al.

E04-203. Jerod W. Dooley v. Director et al.

E04-204. Jerod W. Dooley v. Director et al.

E04-205. Victoria Fields v. Director et al.

E04-206. Wade C. Donaldson v. Director et al.

E04-207. Gracie Bell v. Director et al.