TOM GLAZE, JUSTICE:

CR04-714. Johnny Ratliff v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

04-52. Edna Thomas Brown v. Pine Bluff Nursing Home a/k/a Southern Healthcare, Inc. d/b/a Pine Bluff Nursing Center, from Jefferson Circuit. Affirmed. Corbin and Hannah, JJ., concur. (8 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

03-1155. Louise A. Henyan and Robert A. Henyan v. Richard D. Peek, M.D., and Mark R. Gibbs, M.D., from Pulaski Circuit, Second Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR03-696. John Earl Patrick v. State of Arkansas, from Carroll Circuit, Eastern District. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

03-1318. Medmarc Casualty Insurance Company v. Forest Healthcare, Inc., Regional Management, Inc., The Arkansas Property & Casualty Guaranty Fund, The Estate of Eula Thurman, Deceased, from Howard Circuit. Reversed and Remanded. Glaze, J., concurs. Thornton, J., dissents. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-42. Holly Cockrum, M.D. v. Honorable Timothy Davis Fox, Judge, on Petition for Writ of Prohibition, from Pulaski Circuit, Sixth Division. Writ of Prohibition Denied. Thornton, J., dissents. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

04-01. Alfred Shelnutt v. Melba Laird and Max Laird, from Saline Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-817. Gregory Charles Byndom v. State of Arkansas, from Pulaski Circuit, Seventh Division. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-1115. C. D. Nolan v. Darryl Little, Director, Arkansas State Plant Board, from Pulaski Circuit, Third Division.

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REVIEW GRANTED: Petition for review was granted today in the following case.

04-1162. Terry Jones v. Barbara Billingsly, from Independence Circuit.

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REVIEW DENIED: Petition for review was denied today in the following case.

04-1115. Michael E. Pollard v. Meridian Aggregates et al., from Workers' Compensation Commission.

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CR94-928 and CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion of Dennis P. Riordan, Donald M. Horgan, and Theresa A. Gibbons for permission to practice by comity is granted.

CR94-928 and CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Petitioner's motion to recall the mandate and to reinvest jurisdiction in the trial court to consider petition for writ of error coram nobis or for other extraordinary relief. Motion to be submitted as a case.

CR04-1041. Keela McGahey v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion for extension of time to tender record is granted.

CR04-1199. Gary Lee Stewart v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated appeal; remanded to settle record. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1206. Danyel Casey v. State of Arkansas, from Lonoke Circuit. Motion for rule on clerk. Remanded to the circuit court for findings of fact on attorney error; clerk directed to accept appeal. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Helton and Cliftons' motion to file supplemental addendum in support of reply brief as cross-appellants. Granted, as modified, to allow substitution of cross-appellant's initial brief; costs assessed to cross-appellants.

04-752. Linda Camarillo-Cox v. Arkansas Department of Human Services, from Benton Circuit. Motion of attorney ad litem to accept belated brief is granted.

04-1055. Thomas Arthur Johnson v. Virginia Hargrove et al., from Washington Circuit. Appellant's motion to supplement the record is granted.

04-1187. Christina Starry v. Arkansas Department of Human Services, from Marion Circuit. Appellee's motion to dismiss appeal is granted.

04-1202. Thomas F. Oliver v. Honorable Mackie M. Pierce, Judge, from Pulaski Circuit, Seventeenth Division. Petition for writ of mandamus is denied; request for attorneys' fees and costs denied.

04-722. Jabree Montrey Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division. Findings of fact on attorney error. Passed until case submitted.

CR04-1269. Elbert Holder v. Honorable L.T. Simes, Judge, from Phillips Circuit. Motion to expedite is granted. Petition for temporary writ of prohibition and petition for writs of prohibition and mandamus denied without prejudice to raise issues on appeal. (Proceedings of November 29, 2004)

CR88-158. Jerome Allen Bargo v. State of Arkansas, from Benton Circuit. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-838. Johnny Ray Miller v. State of Arkansas, from Jefferson Circuit. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1026. Melchizedek Shabazz v. State of Arkansas, from Nevada Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Jerry D. Pinson, Esq., of Harrison, Arkansas, is appointed to
the Supreme Court Committee on Professional Conduct, Panel A, as the
attorney representative from the Third Congressional District, effective
January 1, 2005, for a term of six years, expiring December 31, 2010.
Mr. Pinson replaces Kenneth R. Reeves, Esq., of Harrison, Arkansas,
whose term will expire December 31, 2004. Mr. Reeves has served two
full terms and is not eligible for reappointment.

The Court expresses its gratitude to Kenneth R. Reeves for his
fourteen years of dedicated and faithful service to the Committee.

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In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Rita Mitchell Harvey of Little Rock, Arkansas, is reappointed to
the Supreme Court Committee on Professional Conduct, Panel C, as a
non-attorney at-large representative, effective January 1, 2005, for a term
of six years, expiring December 31, 2010.

The Court expresses its gratitude to Ms. Harvey for accepting
reappointment and for her continuing dedicated and faithful service to the
Committee.

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In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Robert D. Trammell, Esq., of Little Rock, Arkansas, is reappointed
to the Supreme Court Committee on Professional Conduct, Panel C, as the
attorney representative from the Second Congressional District, effective
January 1, 2005, for a term of six years, expiring December 31, 2010.
The Court expresses its gratitude to Mr. Trammell for accepting
reappointment and for his continuing dedicated and faithful service to
the Committee.

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In Re: Arkansas Lawyers Assistance Program. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

By way of a per curiam order entered March 22, 2001, we
appointed Dr. Joseph Martindale of Benton, Arkansas, as a lay member
of the Arkansas Lawyers Assistance Program Committee (Committee).
As further set forth in that per curiam order, members of that Committee
drew for terms and Dr. Martindale drew a term which will conclude on
March 22, 2007. Dr. Martindale recently resigned from the Board
necessitating the appointment of a replacement.

We appoint Phillip Prewett, Ph.D, of El Dorado, Arkansas, to
complete the unexpired term of Dr. Martindale.

The Court appreciates the willingness of Dr. Prewett to accept
appointment to this important Committee. The Court thanks Dr. Martindale
for his service on this Committee.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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PETITIONS FOR REVIEW:

CR04-1170. Earl W. Loy v. State of Arkansas, from Garland Circuit.

CR04-1175. Keith Tenner v. State of Arkansas, from Bradley Circuit.

04-1083. Bobbie Dozier v. Arkansas Department of Finance and Administration, from Workers' Compensation Commission.

04-1107. Wynne Tree Service, Inc. v. Herbert Stratton, from Cross Circuit.

04-1120. Lula Jean Hobbs v. Carmelia Moore, from Lee Circuit.

04-1122. Robert Cook v. ABF Freight Systems, Inc., from Workers' Compensation Commission.

04-1168. Courtney Harrison v. Mr. Burger of Arkansas, Inc. et al., from Workers' Compensation Commission.

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CR04-1127. Teresa Edwards v. State of Arkansas, from Pulaski Circuit, Seventh Division. Jerome Green is ordered to appear and show cause today at 9:00 a.m.

CR03-1257. State of Arkansas v. Rickey D. Newman, from Crawford Circuit. Pro se motion to dissolve temporary stay of execution of sentence.

CR03-1257. State of Arkansas v. Rickey D. Newman, from Crawford Circuit. Respondent's motion to vacate briefing schedule.

CR04-550. Larry Washington v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.

CR04-703. David Preston Pardue v. State of Arkansas, from Washington Circuit. Appellee's motion to supplement the record and for brief time.

CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District. Motion of Lynn Lisk to be relieved and for appointment of counsel.

CR04-903. Joseph Daniel Rice v. State of Arkansas, from Independence Circuit. Appellee's motion to dismiss appeal.

CR04-973. Tyshawn Mims a/k/a Laeries Hays v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR04-1245. Edrick D. Ellis v. State of Arkansas, from Union Circuit. Motion for rule on clerk.

CA04-80. Don J. Switzer v. Shelter Mutual Insurance Company, from Searcy Circuit. Appellant's motion for reconsideration.

04-338. Gary Kyzar v. City of West Memphis, Arkansas et al., from Crittenden Circuit. Motion for extension of time to correct and supplement appellant's brief and addendum and to substitute counsel.

04-481. Roxanne Walls v. Arkansas Department of Human Services, from Independence Circuit. Appellant's motion to file belated brief.

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion to correct omission of pagination in supplemental record and for extension of brief time.

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion to stay briefing schedule.

04-682. Kirby Arbaugh v. AG Processing, Inc., from Workers' Compensation Commission. Appellant's motion to file belated brief.

04-777. Robin Denise Dansby v. Lathaire Wilfred Dansby, from Miller Circuit. Joint motion to dismiss petition for review.

04-994. Populist Party of Arkansas et al. v. Linda Chesterfield et al., from Pulaski Circuit, Sixth Division. Appellee Daniels' motion to substitute copies.

04-1061. Cynthia Moriconi et al. v. AT&T Wireless PCS, LLC et al., from Pulaski Circuit, Seventh Division. Appellants' unopposed motion to extend time to respond to appellees' motion to dismiss appeal.

04-1234. J. Paul Bridges v. Honorable Xollie Duncan, Judge, from Benton Circuit. Petition for temporary and permanent writs of prohibition.

04-1256. Automated Conveyor Systems v. Honorable Victor Hill, Judge, from Crittenden Circuit. Petition for writ of prohibition.

SUBMISSIONS

CR04-158. Troy Lee Dorn, Jr. v. State of Arkansas, from Jefferson Circuit.

CR04-534. Charles Gentry Rodgers v. State of Arkansas, from Phillips Circuit.

04-199. Sharon McGhee et al. v. Arkansas State Board of Collection Agencies et al., from Pulaski Circuit, Seventh Division.

04-471. Joe Alan Taylor, Jr. et al. v. Michael Hinkle et al., from St. Francis Circuit.

04-808. Stark Ligon, Executive Director, Office of Professional Conduct v. Paul E. Revels, from Supreme Court Committee on Professional Conduct.