Opinions delivered
November 3, 2004
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR04-88. Ray Randle v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Pittman and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-149. Cleatus Wiles d/b/a Outdoor Advertising v. City of Highland Planning & Zoning Commission Board of Adjustment, from Sharp Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA03-1178. Mary L. Hodges Bradley v. Robert L. Frazier, from Mississippi Circuit, Chickasawba District. Affirmed. Gladwin, J., agrees. Neal, J., concurs. (4 PAGES + 4-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CA04-156. Judy Cooke v. John Cooke, from Independence Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (16 PAGES UNPUBLISHED) [HTML, WP5.1]
E03-280. Joshua-Paul Anderson v. Director, Employment Security Department, from Board of Review. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA03-1286. Timothy Anderson v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1291. Arkansas State Board of Nursing v. Jody Marie Morrison, from Sebastian Circuit. Circuit Court Affirmed; Arkansas State Board of Nursing Reversed. Bird and Baker, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR03-1328. Barbara D. Bogard v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. Robbins and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA04-183. Christine Sherman v. Earley Wallace, from Crittenden Circuit. Reversed and Dismissed. Robbins and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA04-311. Arkansas Department of Human Services v. Ronald Parker, from Lincoln Circuit. Affirmed. Robbins and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA03-1468. Robert Stiggers v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Gladwin and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-114. Bank of Little Rock v. Casadyne Corporation, Bill C. Casto and Commercial R.E., Inc., from Jefferson Circuit. Reversed and Remanded. Gladwin and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR04-4. Kellino Ware v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-238. Tinamarie Baptista v. Kroger Company and RSKCO Services, from Workers' Compensation Commission. Affirmed. Hart and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR03-1347. Bobby Morris v. State of Arkansas, from Lonoke Circuit. Affirmed. Neal, J., agrees. Roaf, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CACR04-30. Bobby Yates, Sr. v. State of Arkansas, from Randolph Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1211. Alex Franks v. Perri Pritchett, J.K. Kazi, and Seddika Kazi, from White Circuit. Affirmed. Stroud, C.J., Robbins, and Vaught, JJ., agree. Hart and Baker, JJ., dissent. (6 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA04-148. Jonni Mari Miller v. Thomas Morgan Miller, from Washington Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-106. Kevin Seals v. State of Arkansas, from Mississippi Circuit. Affirmed. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-204. Dwight D. Brown v. Maria H. Brown (now Hoskins), from Faulkner Circuit. Affirmed. Griffen and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA04-242. Guy Moon v. Roger D. Hensley, Charles F. Poole, and Fred W. Hensley, from Chicot Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR04-289. Andre Dewayne Beverly v. State of Arkansas, from Ashley Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR04-152. Robert Archer v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-378. Rosemary Hall v. Baldor Electric Company et al., from Workers' Compensation Commission. Affirmed. Hart and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA04-369. Shanquita Taylor, a Juvenile, and Cloria Taylor, Guardian v. State of Arkansas, from Desha Circuit. Affirmed. Griffen and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA04-627. Kimberly Powell v. Charles Marshall, from Carroll Circuit. Reversed and Remanded. Griffen and Neal, JJ., agree. (10 PAGES PUBLISHED) [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).
E04-183. Carl Smith v. Director et al.
E04-184. Rose M. Williams v. Director et al.
E04-185. Dana A. Glover v. Director et al.
E04-186. Pediatric Specialty Care, Inc. v. Director et al.
E04-187. Keith T. Whitfield v. Director et al.
E04-188. Michael L. Fife v. Director et al.
E04-190. Ozark Waffle House v. Director et al.
E04-191. Tressa Mayfield v. Director et al.
E04-192. Nelson D. Polk v. Director et al.
E04-194. Wanda Pilgrim v. Director et al.
E04-195. Zak D. Glover v. Director et al.
E04-197. Mynor Gonzalez v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA03-1028. Debra L. Yearwood v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission.
CA03-1377. J. C. Harrison, Jr. v. J. D. Loyd, Faber Mullins, Trustees of Mount Vernon Church of Christ, from Faulkner Circuit.
CA03-1442. Arkansas Electric Cooperative and Arkansas Rural Electric/SIT v. John W. Ramsey (Deceased) and Leigh Ramsey, from Workers' Compensation Commission. See dissenting opinion this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
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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 coram nobis is denied.
CACR03-1209. Daniel Dorsey v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $900.00.
CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time is granted.
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 is granted. Griffen, J., would remand.
CACR04-583. Helen Marie Gately v. State of Arkansas, from Washington Circuit. Appellant's motion for additional brief time is granted.
CACR04-920. Micah Lamar Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Clint Miller to be relieved as appellate counsel is remanded to the trial court. See Brewer v. State, 64 Ark. App. 372, 984 S.W.2d 65 (1998).
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 and to stay brief time is granted.
CACR04-1038. Detrick Croston v. State of Arkansas, from Faulkner Circuit. Motion of Boyd Tackett, Jr., to be relieved as counsel for appellant is granted. David Bowden is appointed to represent the appellant.
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 is granted. Allowed $1,150.00 in fees and costs. See Walters v. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).
CA04-242. Guy Moon v. Roger D. Hensley et al., from Chicot Circuit. Appellees' motion for sanctions is denied. See opinion this date.
CA04-348. Gwen Morgan v. Ronnie Whorton, from Pope Circuit. Appellant's motion to file amended addendum is granted.
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 is denied.
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 is granted.
CA04-931. Frank Simmons v. Lawrence Davis, Jr., from Phillips Circuit. Appellant's motion to file belated brief is granted.
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 is denied. See Supreme Court Rule 6-3(c). Pittman, J., would grant.
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 is granted.
CA04-1116. Woodrow Swaim v. Wal-Mart Associates, Inc. et al., from Workers' Compensation Commission. Motion of appellees', Wal-Mart Associates, Inc. and Claims Management, Inc., to dismiss appeal is denied.
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 is granted.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA03-654. Betty Roach, Administratrix of the Estate of Randall Roach, Deceased v. PPG Industries, Inc. et al., from Washington Circuit.
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CACR03-1045. Kenneth Ray Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. "Bill" James, Jr., for attorney's fees.
CACR03-1067. Douglas Edward Wilson v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.
CACR04-39. James Lumpkin v. State of Arkansas, from Phillips Circuit. Motion of Don Etherly for attorney's fees.
CACR04-94. Marcus Howard v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees.
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.
CACR04-1158. Harold Goffin v. State of Arkansas, from Drew Circuit. Motion of John Frank Gibson, Jr., to withdraw and to substitute Robinson & Associates as counsel for appellant.
CA03-300. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of appellant's former attorney, Richard W. Atkinson, for attorney's fees.
CA04-54. Moore's Investment Company, Inc. et al. v. Mitchell, Williams, Selig, Gates & Woodyard et al., from Pulaski Circuit, Seventh Division. Appellants' motion to reinstate appeal and supplement the record.
CA04-385. Helena Chemical Company v. Jerry Caery, Jr. et al., from Phillips Circuit. Appellees' motion for additional brief time.
CA04-659. Todd Templeton v. United Parcel Services, Inc., from Washington Circuit. Appellant's motion for additional brief time.
CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion for additional brief time.
CA04-870. Donna Wallis Wiley v. Arkansas Department of Human Services, from Stone Circuit. Appellant's motion to remand to settle the record and to stay brief time.
CA04-909. Larry Shannon d/b/a Economy Wrecker v. Arkansas Towing and Recovery Board, from Pulaski Circuit, Second Division. Appellant's motion to amend brief.
CA04-959. Heather Sheridan v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for substitution of counsel and extension of time.
E04-272. Ron Simmons v. Director et al., from Board of Review. Appellant's pro se motion for stay of judgment.
E04-325. Ron Simmons v. Director et al., from Board of Review. Appellant's pro se motion for stay of judgment.
SUBMISSIONS
CACR03-1127. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, First Division. Argued orally.
CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District.
CACR03-1265. Lewita Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR04-2. Sherman Winters, Jr. and Deanna Winters v. State of Arkansas, from Poinsett Circuit.
CACR04-6. Stephen E. Wiley v. State of Arkansas, from Garland Circuit.
CACR04-34. Patrick Ragsdale v. State of Arkansas, from Craighead Circuit, Western District.
CACR04-151. Jeremiah Estelle v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR04-274. Dora Hilda Chevez v. State of Arkansas, from Crawford Circuit.
CACR04-337. Edward Thurman v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR04-368. Booker Simmons v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR04-474. James Lawson v. State of Arkansas, from Union Circuit.
CA03-1134. Robert Fisher et al. v. Robert Kinzalow et al., from Crittenden Probate.
CA03-1253. Ray Hunter et ux. v. Video Real Estate Agency, Inc., from Sharp Circuit.
CA03-1309. Phoenix Aviation Managers, Inc. et al. v. Southern Pine Helicopters, Inc. et al., from Drew Circuit.
CA03-1367. James William Blackmon v. Carolyn Ann Blackmon, from Perry Circuit.
CA03-1439. Thomas E. Hays, III v. Mary Jo Hays, from Faulkner Circuit.
CA04-160. Ella Mae Reynolds et al. v. LaSalle Bank, N.A., from Jefferson Circuit.
CA04-236. Jamie Mann v. Arkansas Professional Bail Bond Company et al., from Pulaski Circuit, Second Division.
CA04-320. CV's Family Foods et al. v. Gloria Taylor, from Workers' Compensation Commission.
CA04-421. Wal-Mart Stores, Inc. et al. v. Julie Strattan, from Workers' Compensation Commission.
CA04-513. Patricia Butler v. Arkansas Department of Human Services, from Polk Circuit.
CA04-567. Weyerhaeuser Company v. Phillip White, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E04-208. Trudy J. Smith v. Director et al.
E04-209. Owen K. Williams v. Director et al.
E04-210. Bobby J. Hale v. Director et al.
E04-211. Ozark Waffles, LLC v. Director et al.
E04-212. Sandra Fry v. Director et al.
E04-213. Tracy L. Harville v. Director et al.
E04-214. Bobby G. Harville v. Director et al.
E04-215. Jarvis Lambert v. Director et al.
E04-217. Mary Alexander v. Director et al.
E04-218. Michael A. Hundley v. Director et al.
E04-219. Mid-State Aftermarket Body Parts v. Director et al.