ARKANSAS COURT OF APPEALS

Opinions delivered
November 17, 2004


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JOHN MAUZY PITTMAN, JUDGE:

CA04-421. Wal-Mart Stores, Inc. v. Julie Strattan, from Workers' Compensation Commission. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR04-151. Jeremiah Estelle v. State of Arkansas, from Mississippi Circuit. Affirmed. Pittman and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-513. Patricia Butler v. Arkansas Department of Human Services, from Polk Circuit. Affirmed. Pittman and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-1261. Derrick Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1303. Lisa Ann Gilbert v. State of Arkansas, from Yell Circuit. Affirmed. Robbins and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA03-924. In Re: Partition of Real Property Described as Lot B, Block T, McDiarmid's Addition to the City of North Little Rock, Pulaski County, Arkansas, James Stanley and Audrey Burtrum Stanley v. William B. Blevins, William S. Robinson, Harriet Robinson, Bank of America, N.A., and Internal Revenue Service, from Pulaski Circuit. Dismissed. Stroud, C.J., and Neal, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA04-567. Weyerhaeuser Company v. Phillip L. White, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-337. Edward Thurman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1134. Robert Fischer and Linda Howeth v. Robert Kinzalow and Ouida Smith, Co-Administrators of the Estate of Ouida B. Lawhorn, Deceased, from Crittenden Probate. Affirmed. Bird and Roaf, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-1300. Kelly Vest v. State of Arkansas, from Craighead Circuit. Affirmed. Hart and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1309. Phoenix Aviation Managers, Inc. and Old Republic Insurance Company v. Southern Pines Helicopters, Inc. and Delta Harvest, Inc., from Drew Circuit. Rebriefing Ordered. Robbins and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-144. Darrell Gentry v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-57. Richard J. Hudson and Erma J. Hudson v. Emile C. Hilo and Jennifer M. Hilo, from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-1253. Ray Hunter and Helena Hunter v. Video Real Estate Agency, Inc., from Sharp Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-201. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Affirmed. Pittman and Hart, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1439. Thomas E. Hays, III v. Mary Jo Hays, from Faulkner Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA04-160. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit. Affirmed. Griffen and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-428. Geoffrey Chris Lueken v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

CA04-320. CV's Family Foods, Benchmark Insurance Company, and Wausau Insurance Company v. Gloria Taylor, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-34. Patrick Ragsdale v. State of Arkansas, from Craighead Circuit. Affirmed. Robbins and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-254. Breezy Mayfield v. Arkansas Department of Human Services, from Cleveland Circuit. Affirmed. Robbins and Bird, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit. Rebriefing Ordered. (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).

E04-208. 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.

PER CURIAM ORDERS

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

CACR03-205. Earl W. Loy v. State of Arkansas, from Garland Circuit. Griffen and Neal, JJ., would grant.

CA04-248. Courtney Harrison v. Mr. Burger of Arkansas, Inc. and AIG Claim Services, Inc., from Workers' Compensation Commission.

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CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief is granted.

CACR03-1167. Kevin Deon Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to file belated points for reversal is granted.

CACR03-1192. Timothy Jarmane McDaniels v. State of Arkansas, from Hot Spring Circuit. Motion of Gregory K. Crain for attorney's fees is granted. Allowed $1,000.00.

CACR03-1347. Bobby Morris v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR04-30. Bobby Yates, Sr. v. State of Arkansas, from Randolph Circuit. Motion of Roy E. Meeks for attorney's fees is granted. Allowed $1,000.00.

CACR04-1001. Walter DeShazo v. State of Arkansas, from Sevier Circuit. Motion of Kathy L. Hall to be substituted as counsel for appellant and for brief time is granted. Appellant's brief due December 27, 2004.

CACR04-1006. Melvin Lawrence Rollins v. State of Arkansas, from Benton Circuit. Appellant's motion to remand to settle the record and to stay brief time is granted. Remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.

CA03-924. McDiarmid'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 is granted. See opinion this date.

CA03-1299. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted.

CA03-1468. Robert Stiggers v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CA04-54. Moore's Investment Co., 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 is granted.

CA04-65. Sergio F. Soto v. Katherine Soto, from Pope Circuit. Appellee's motion for cost of supplementing abstract, attorney's fees and brief costs is granted in part; denied in part. Allowed $465.00 in costs.

CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motion for reconsideration of denial of motion to reinstate appeal is granted.

CA04-253. Erica Suggs Rendon v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion to supplement the record is granted. Appellant's brief due December 27, 2004.

CA04-321. Linda S. Koch et al. v. Northport Health Services of Arkansas, LLC, et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to correct or modify the record and to stay brief time is denied.

CA04-435. Gina (Cook) Duke v. Mitchell Cook, from White Circuit. Appellant's motion to remand to settle the record is denied. Appellant's brief due in thirty days (December 17, 2004).

CA04-869. Sandra Harmon v. Kroger, from Workers' Compensation Commission. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(5) and for additional brief time is granted. Appellant's motion to substitute the abstract is granted.

CA04-915. Katheryn Neves Da Rocha et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellants' motion to hold briefing in abeyance until further record may be filed is granted. Briefing schedule stayed until December 31, 2004.

CA04-934. Betty Hoffman et al. v. Mary Ann Gregory et al., from Garland Probate. Appellants' motion to file belated brief is granted. Brief filed this date.

CA04-984. Billie J. Greenlee v. Mazda American Credit, from Washington Circuit. Appellant's motion to file belated brief and for brief time is granted. Appellant's brief due November 29, 2004.

SUBMISSIONS

CA04-189. K & J's Trucking, Inc. v. Michael W. Seay, from Washington Circuit. Argued orally.

CACR03-219. William Sharp v. State of Arkansas, from Johnson Circuit.

CACR03-1314. Carl Tice v. State of Arkansas, from Pope Circuit.

CACR04-47. Phillip L. Mays and Gwendolyn Mays v. State of Arkansas, from Ashley Circuit.

CACR04-55. Danny Wilker v. State of Arkansas, from Pope Circuit.

CACR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit.

CACR04-209. Daniel J. Modica v. State of Arkansas, from Union Circuit.

CACR04-222. James Newton Hammon v. State of Arkansas, from Ashley Circuit.

CACR04-262. Western Title and Investment Company. v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR04-308. Willie Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-375. Larry Cromwell v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA04-24. Willard "Bud" Brown v. Chasity L. Brown, from Crawford Circuit.

CA04-90. Sharon White v. Randy Mattingly, from Benton Circuit.

CA04-232. James R. Lovett et ux. v. Arkansas Federal Credit Union, from Scott Circuit.

CA04-255. Sherwood Forest Mobile Home Park, Inc. v. Champion Home Builders Company, from Pulaski Circuit, Second Division.

CA04-336. Parson's Dispatch, Inc. v. John J. Jerue Truck Broker, Inc., from Washington Circuit.

CA04-352. Marshall Milling Co., Inc. et al. v. Brady Rorie, from Workers' Compensation Commission.

CA04-360. Office of Child Support Enforcement v. Michael D. Pyron, from Washington Circuit.

CA04-427. Marvin Cobb v. Charles Leyendecker, from Clay Circuit, Western District.

CA04-437. Continental Grain/Wayne Poultry v. Judy Reed, from Workers' Compensation Commission.

CA04-475. Norma Rutledge v. Christ is the Answer Fellowship, Inc., from Jefferson Circuit.

CA04-584. John C. Tutt v. International Paper Company, from Workers' Compensation Commission.

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

E04-237. LeAnn L. Morris v. Director et al.

E04-238. Wayne C. Gensler v. Director et al.

E04-239. Linda A. Mitchell Frazier v. Director et al.

E04-240. Sonic Drive In of Stuttgart v. Director et al.

E04-242. Deborah Burton v. Director et al.

E04-243. Carl W. Brown v. Director et al.

E04-244. Tealisa Allen v. Director et al.

E04-245. David West v. Director et al.

E04-247. William T. Austen v. Director et al.

E04-248. Darlene Rodgers v. Director et al.

E04-249. Luella Steward v. Director et al.