Opinions delivered
December 1, 2004
JOHN MAUZY PITTMAN, JUDGE:
CACR04-40. Adrian Louis Carner v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-341. Willie Collins v. Lennox Industries, Inc., from Workers' Compensation Commission. Affirmed. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR04-322. Paul D. Claxton, Jr. v. State of Arkansas, from Saline Circuit. Affirmed. Pittman and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-174. Waste Management of Arkansas, Inc. v. Roll Off Service, Inc. and Tom Smith, from Washington Circuit. Reversed and Remanded. Pittman and Vaught, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR04-391. Danny Havener v. State of Arkansas, from Johnson Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA04-345. Thomas Rodgers v. Lomanco, Inc. and Risk Enterprise Management, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-400. Jerry Ross and Ross Equipment Company v. WKP Management Group, LLC, from Benton Circuit. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR03-1126. MacArthur Brantley v. State of Arkansas, from Columbia Circuit. Affirmed. Robbins and Roaf, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR03-1357. Billy Lawson v. State of Arkansas, from Faulkner Circuit. Reversed and Dismissed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-7. David R. Williams and Superior Products USA v. Golf Cars of Arkansas, Inc., from Pulaski Circuit, Third Division. Rebriefing Ordered. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-32. Tiana Marie Dorothy v. Patrick James Dorothy, from Crawford Circuit. Affirmed. Robbins and Roaf, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR03-1180. Corey McClina v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree, J., agrees. Baker, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR03-1127. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR03-1267. Christopher Owen v. State of Arkansas, from Clark Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-38. Paul Hendrickson v. Randall Carpenter and Nita Carpenter, from Drew Circuit. Reversed and Remanded. Hart, Vaught, Baker, and Roaf, JJ., agree. Griffen, J., dissents. (5 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-272. Tonia S. McMillan and Byron Taylor and The Estate of Ross Earl Taylor, Deceased v. Billie Maxine Taylor, from Clark Circuit. Rebriefing Ordered. Pittman and Hart, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR03-1265. Lewita Neal v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR03-1332. Billy Dodson v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. Griffen and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA04-23. Billy Joe Moody v. Farm Bureau Mutual Insurance Company et al., from Pulaski Circuit. Appeal Dismissed. Griffen and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA04-276. Felix G. Ramirez v. LDS, LLC and Farmer's Insurance Group, from Workers' Compensation Commission. Dismissed. Griffen and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR03-1397. Patricia Booker v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-236. Jamie Mann v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]
CA04-316. Jaclin Boudreaux v. Jacob Mauterstock, from Faulkner Circuit. Reversed. Robbins and Bird, JJ., agree. (4 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).
E04-145. Danny R. Winters v. Director et al.
E04-220. Donald R. Smith v. Director et al.
E04-225. Isaac L. Sanders v. Director et al.
E04-226. Linda C. Dollins v. Director et al.
E04-229. Craig F. Cummings v. Director et al.
E04-231. Angela Kingsby v. Director et al.
E04-232. Truservice Community Federal Credit Union v. Director et al.
E04-233. Donald C. Jordan v. Director et al.
E04-234. Donald C. Jordan v. Director et al.
E04-235. Amy K. Hale v. Director et al.
E04-236. Randall Wright v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA03-1424. Brittney Harris v. JSK Enterprises, Inc. and William E. Mills, from Pulaski Circuit, Third Division.
CA04-242. Guy Moon v. Roger D. Hensley, Charles F. Poole and Fred W. Hensley, from Chicot Circuit.
CA04-298. Billy Joe Rylant v. Monica Hicks, from Greene Circuit.
*****************************
CACR03-1118. Gwen Rena Jarrett v. State of Arkansas, from Pulaski Circuit, First Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR04-201. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Motion of Phillip A. McGough for attorney's fees is granted. Allowed $1,000.00.
CACR04-201. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Motion of Phillip A. McGough to be relieved as counsel for appellant is granted.
CACR04-258. Corey Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for transcript at public expense is denied. See Moore v. State, 324 Ark. 453 (1996).
CACR04-289. Andre Beverly v. State of Arkansas, from Ashley Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $900.00.
CACR04-337. Edward Lee Thurman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is granted. Allowed$1,000.00.
CACR04-383. Karen Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time is granted. Crabtree, J., would deny. Griffen, J., would make this final extension.
CACR04-583. Helen Marie Gately v. State of Arkansas, from Washington Circuit. Appellant's motion for additional brief time is granted.
CACR04-701. Cardrick Flowers v. State of Arkansas, from Johnson Circuit. Appellant's motion for additional brief time is granted.
CACR04-856. Kimberly Michelle Hinton v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Dale E. Adams for appointment of counsel is granted.
CACR04-889. Johnny Releford v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is granted.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to withdraw motion to dismiss appeal filed in Drew County Circuit Court is granted.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion for extension of time to file brief is moot.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion for appointment of counsel is granted. Mr. Vaughn-Michael H. Cordes is appointed to represent the appellant. Appellant's brief due January 10, 2005.
CACR04-1048. Torry Dontae Timmons v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Jeff Rosenzweig for entry of appearance as counsel for appellant is granted.
CACR04-1130. James E. McDonald v. State of Arkansas, from Miller Circuit. Motion of Pamela Fisk to withdraw as counsel for appellant is granted.
CACR04-1130. James E. McDonald v. State of Arkansas, from Miller Circuit. Appellant's pro se motion for appointment of counsel is granted. Mr. James R. Gowen, Jr., is appointed to represent the appellant. Appellant's brief due January 10, 2005.
CA03-1455. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellee's motion to file belated brief is granted.
CA04-80. Don J. Switzer et al. v. Shelter Mutual Insurance Company, from Searcy Circuit. Appellee's motion to file belated cross-appeal reply brief is granted.
CA04-369. Shanquita Taylor, a Juvenile, and Cloria Taylor, Guardian v. State of Arkansas, from Desha Circuit, McGehee District. Motion of Gary W. Potts for attorney's fees is granted. Allowed $675.00.
CA04-374. Josephine Barry Rogers v. Doyle "Rog" Rogers, Jr., from Pulaski Circuit, Seventeenth Division. Appellee's motion to strike and for sanctions is granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-470. Arthur Piper v. State of Arkansas, from Drew Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $1,000.00.
CA04-479. Michael Pearson v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Appellant's motions for additional brief time are granted. Appellant's brief due December 6, 2004.
CA04-562. Glenn Misenheimer v. Bill Jason, Sheriff, from Stone Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due December 9, 2004. Hart, J., not participating.
CA04-659. Todd Templeton v. United Parcel Services, Inc., from Washington Circuit. Appellant's motion for additional brief time is granted. Crabtree, J., would deny. Griffen, J., would make this final extension.
CA04-762. Howard Larry v. Grady School District, from Lincoln Circuit. Appellee's motion for additional brief time is granted. Griffen and Neal, JJ., would grant 30 days. Roaf, J., would make this final extension.
CA04-788. Russell Dolloff v. USA Truck, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted.
CA04-908. Jaynnie Meadows v. Nancy E. Pryor, Inc., from Crawford Circuit. Appellee's motion to dismiss appeal as moot is denied.
CA04-1163. Miller Brewing Company v. Ed Roleson, Jr., Inc., from Crittenden Circuit. Appellant's motion for additional brief time is granted.
E04-363. Delilar Burgess v. Director et al., from Board of Review. Appellant's pro se motion to expedite is granted.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR04-152. Robert Archer v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA03-1211. Alex Franks v. Perri Pritchett, J. K. Kazi and Seddika Kazi, from White Circuit.
CA03-1291. Arkansas State Board of Nursing v. Jody Marie Morrison, from Sebastian Circuit, Fort Smith District.
CA04-311. Arkansas Department of Human Services v. Ronald Parker, from Lincoln Circuit.
*****************************
CACR03-1303. Lisa Gilbert v. State of Arkansas, from Yell Circuit, Northern District. Motion of Joseph C. Self for attorney's fees.
CACR04-786. Jimmy Ross Welch v. State of Arkansas, from Clark Circuit. Appellant's motion to remand to settle the record and to stay brief time.
CACR04-875. Jimmy Alan Hester v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Dale E. Adams for appointment of counsel for appellant.
CA04-92. Daniel Morales v. Hector Martinez, from Workers' Compensation Commission. Appellant's motion for extension of time to file petition for rehearing.
CA04-359. Richard Angell v. Cooper Tire & Rubber Company, from Workers' Compensation Commission. Appellant's motion to supplement the record and for brief time.
CA04-567. Weyerhaeuser Company v. Phillip L. White, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs.
CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion for additional brief time.
CA04-744. Rose Care, Inc. d/b/a Rose Care of Benton I v. Helen Ross, Special Administrator on Behalf of Eula Givens, from Saline Circuit. Appellant's motion to correct or modify the record and to stay brief time.
CA04-931. Frank Simmons v. Lawrence Davis, Jr., from Phillips Circuit. Appellee's motion to strike.
E04-216. Board of Trustees of the University of Arkansas v. Director et al., from Board of Review. Appellant's motion to supplement the record and for stay of briefing schedule.
SUBMISSIONS
CA04-202. Northwest Arkansas Recovery, Inc. v. Boyce R. Davis, from Washington Circuit. Argued orally.
CACR03-1145. Steven Evans v. State of Arkansas, from Jefferson Circuit.
CACR03-1164. Krystal Lee Lamance v. State of Arkansas, from Crawford Circuit.
CACR03-1322. Eric Wayne Ferguson v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR04-89. James Allen Long, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.
CACR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR04-176. Theodis Kelly v. State of Arkansas, from Phillips Circuit.
CACR04-203. David Michael Salyer v. State of Arkansas, from Johnson Circuit.
CACR04-278. John Earl Walker v. State of Arkansas, from Crittenden Circuit.
CACR04-387. Spencer Bonding Services, Inc. and Errol Scott v. State of Arkansas, from Crawford Circuit.
CACR04-510. Michael Eugene Bradshaw v. State of Arkansas, from Garland Circuit.
CACR04-512. Clark Etheredge v. State of Arkansas, from Lonoke Circuit.
CA04-138. Carl J. Freeman v. Bruce Rushton et ux., from Columbia Probate.
CA04-178. Lakesia Chandler v. Justin Washam et al., from Phillips Circuit.
CA04-285. Wendell Campbell v. Entergy Arkansas, Inc., from Arkansas Circuit, Northern District.
CA04-363. El Dorado Foundry, Machine & Supply Co., Inc. v. Continental Casualty Company, from Union Circuit.
CA04-418. Sonia T. McGuire v. Patrick T. McGuire, from Sebastian Circuit, Fort Smith District.
CA04-419. Sue Monk v. Judy Griffin, from Hempstead Circuit.
CA04-444. Nina Lea Alphin (Surber) v. David Paul Alphin, from Union Circuit.
CA04-520. J.D. & Billy Hines Trucking, Inc. v. Danny Hebert, from Workers' Compensation Commission.
CA04-553. Terry Gibson v. First State Bank of Warren, from Cleveland Circuit.
The following cases are appeals from the Arkansas Board of Review.
E04-91. Carol Holmes v. Director et al.
E04-246. Teresa Clark v. Director et al.
E04-250. Wanda L. Booker v. Director et al.
E04-251. Jeff McDoniel v. Director et al.
E04-252. Clara Y. Jones v. Director et al.
E04-253. Lisa Hammond v. Director et al.
E04-254. Freddy J. Meyers v. Director et al.
E04-255. David Young v. Director et al.
E04-256. Aubrey Webb v. Director et al.
E04-257. Lonnie D. Jordan v. Director et al.
E04-258. Leroy Gibson v. Director et al.
E04-259. Angie D. Hillis v. Director et al.