ARKANSAS COURT OF APPEALS

Opinions delivered
December 8, 2004


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JOHN MAUZY PITTMAN, JUDGE:

CACR04-6. Stephen E. Wiley v. State of Arkansas, from Garland Circuit. Affirmed. Vaught, J., agrees. Hart, J., concurs. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-255. Sherwood Forest Mobile Home Park v. Champion Home Builders Company, from Pulaski Circuit, Second Division. Affirmed. Hart and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA04-352. Marshall Milling Company, Inc. v. Brady Rorie, from Workers' Compensation Commission. Affirmed. Pittman and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-1135. First National Bank of Lewisville v. Eddie Mayberry, Chylene Mayberry, and Farmers Bank & Trust Company, from Columbia Circuit. Affirmed. Griffen, Vaught, Baker, and Roaf, JJ., agree. Bird, J., dissents. (5 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA04-228. Quality Liquid Feeds, Inc. v. William Terry Plunkett, from Polk Circuit. Affirmed. Stroud, C.J., agrees. Neal, J., concurs. (10 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-308. Willie Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-336. Parsons Dispatch, Inc. v. John J. Jerue Truck Broker, Inc., from Washington Circuit. Affirmed as Modified. Bird and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR04-375. Larry Cromwell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Robbins and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-368. Booker Simmons v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Stroud, C.J., Gladwin and Robbins, JJ., agree. Neal and Roaf, JJ., dissent. (8 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-1367. James W. Blackmon v. Carolyn A. Blackmon, from Perry Circuit. Affirmed. Crabtree and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-47. Phillip L. Mays and Gwendolyn Mays v. State of Arkansas, from Ashley Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-24. Willard Bud Brown v. Chasity L. Brown, from Crawford Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-227. Pat Weber v. Shirpat Corporation d/b/a Best Western and Fremont Indemnity Company, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Gladwin, J., agree. (16 PAGES UNPUBLISHED) [HTML, WP5.1]

E04-178. Delores Y. Gross v. Director, Employment Security Department, from Board of Review. Remanded. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-1285. James Jesse Lilley v. State of Arkansas, from Crawford Circuit. Reversed and Remanded. Pittman and Hart, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

CACR04-55. Danny Wilker v. State of Arkansas, from Pope Circuit. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-232. James R. Lovett v. Arkansas Federal Credit Union, from Scott Circuit. Affirmed. Pittman and Hart, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit. Rebriefing Ordered. Griffen and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-209. Daniel J. Modica v. State of Arkansas, from Union Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-437. Continental Grain/Wayne Poultry v. Judy Reed, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA04-90. Sharon White v. Randy Mattingly, from Benton Circuit. Reversed and Remanded. Robbins and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA04-584. John C. Tutt v. International Paper Company, from Workers' Compensation Commission. Affirmed. Robbins and Bird, JJ., agree. (8 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).

E04-237. 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.

PER CURIAM ORDERS

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

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.

Hart and Baker, JJ., would grant.

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.

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CACR03-1303. Lisa Gilbert v. State of Arkansas, from Yell Circuit, Northern District. Motion of Joseph C. Self for attorney's fees is granted. Allowed $1,000.00.

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 is granted. Remanded to the trial court to settle the record within thirty days. Appellant's reply brief due fifteen days thereafter.

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 is granted.

CACR04-1247. Kevin Alan Hart v. State of Arkansas, from Faulkner Circuit. Motion of Boyd Tackett, Jr., to be relieved as counsel for appellant and for appointment of new counsel is granted. Mr. B. Kevin Holland is appointed to represent the appellant. Appellant's brief due January 17, 2005.

CA04-92. Daniel Morales v. Hector Martinez, from Workers' Compensation Commission. Appellant's motion for extension of time to file petition for rehearing is granted. Appellant's petition for rehearing filed as of December 6, 2004.

CA04-218. Michael E. Pollard v. Meridian Aggregates et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted as to Meridian Aggregates. Appellee Second Injury Fund not liable for attorney's fees.

CA04-359. Richard Angell v. Cooper Tire & Rubber Company, from Workers' Compensation Commission. Appellant's motion to supplement the record and for brief time is granted. Recordto be supplemented within thirty days. Appellant's brief due thirty days thereafter.

CA04-541. Edward A. Kubisty v. Office of Child Support Enforcement, from Faulkner Circuit. Appellee's motion to advance is denied. Appellee's brief due in thirty days. Griffen, J., would grant. Baker, J., not participating.

CA04-567. Weyerhaeuser Company v. Phillip White, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs is granted. Costs assessed on mandate.

CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion for additional brief time is granted. Roaf, J., would grant thirty days and make it final extension. Griffen and Crabtree, JJ., would deny.

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 is denied.

CA04-931. Frank Simmons v. Lawrence Davis, Jr., from Phillips Circuit. Appellee's motion to strike is denied.

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 is denied. Appellant's motion to stay brief time is granted. Brief due December 27, 2004.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA03-1253. Ray Hunter and Helena Hunter v. Video Real Estate Agency, Inc., from Sharp Circuit.

CA04-57. Richard J. Hudson and Erma J. Hudson v. Emile C. Hilo and Jennifer M. Hilo, from Pulaski Circuit, Sixth Division.

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CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Motion of William O. "Bill" James, Jr., for attorney's fees.

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

CACR03-1216. Jamie Ray Baxter v. State of Arkansas, from Crawford Circuit. Motion of B. Kevin Holland for attorney's fees.

CACR03-1332. Billy Dodson v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit. Appellant's motion to file belated brief.

CACR03-1397. Patricia L. Booker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR04-151. Jeremiah Estelle v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis for attorney's fees.

CACR04-383. Karen Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time.

CACR04-540. Bobby Powell v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time.

CACR04-610. Bobby Lee Posey v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time.

CACR04-790. Jerry Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for additional brief time.

CACR04-840. Milton Morris v. State of Arkansas, from Sevier Circuit. Motion of Q. Byrum Hurst, Jr., to withdraw as counsel for appellant.

CACR04-889. Johnny Releford v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR04-1056. Luis Eduardo Renderos v. State of Arkansas, from Crawford Circuit. Appellant's motion to amend record.

CACR04-1262. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney to be relieved as counsel for appellant.

CACR04-1279. Charles V. Simmons v. State of Arkansas, from Cleburne Circuit. Motion of Bradley D. Sipe to withdraw and to substitute Michael Loggains as appointed counsel for appellant and to stay brief time.

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to file belated brief.

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to file belated brief.

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to file belated brief.

CA03-1299. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appellants' motion to file supplemental addendum and for brief time.

CA03-1329. American Greetings Corporation et al. v. Leigh Sidler, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division. Appellant's motion for additional time for rebriefing.

CA04-737. J. D. Phillips v. Cleo Metcalf et al., from Lonoke Circuit. Appellees' motion for additional brief time.

CA04-872. Kenneth McDonald v. Batesville Poultry Equipment, from Workers' Compensation Commission. Appellee's motion to strike appellant's nonconforming portion of the statement of the case.

CA04-930. Nickels and Dimes, Inc., d/b/a Tilt v. Park Plaza Mall, LLC, from Pulaski Circuit, Sixth Division. Appellant's motion to dismiss cross appeal and for brief time.

CA04-942. Queen Levingston et al. v. Felicia Stovall et al., from Union Circuit. Motion of separate appellee, Felicia Stovall, to strike.

CA04-961. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al., from Pulaski Circuit, Second Division. Appellants' motion to supplement the record.

CA04-975. Viviene Cumbie v. Bost Human Development Services, Inc. et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

E03-51. Kirk J. Rankin v. Director et al., from Board of Review. Appellant's pro se petition for a motion to comply.

SUBMISSIONS

CACR03-801. Rico Hampton v. State of Arkansas, from Bradley Circuit.

CACR03-1433. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit.

CACR04-5. Nyle Da-Von Daniels v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR04-33. Christopher Elliott v. State of Arkansas, from Jackson Circuit.

CACR04-49. David Lee Patterson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-221. Matthew A. Meadows v. State of Arkansas, from Johnson Circuit.

CACR04-287. Tammy Marlene Lynn v. State of Arkansas, from Hot Spring Circuit.

CACR04-379. Jeffery Scott Wilkerson v. State of Arkansas, from Montgomery Circuit.

CACR04-413. James E. Williams v. State of Arkansas, from Union Circuit.

CACR04-490. Charles W. Utley v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR04-538. Nelson Nimmer v. State of Arkansas, from Desha Circuit, McGehee District.

CA04-172. Herbert S. Bingham et ux. v. City of Jonesboro, from Craighead Circuit, Western District.

CA04-184. Bruce Long et al. v. Jack Bonds et ux., from Searcy Circuit.

CA04-230. Stacey L. Poindexter (Now McVey) v. Ryan M. Poindexter, from Garland Circuit.

CA04-303. Jerry Johnson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.

CA04-348. Gwen Morgan v. Ronnie Whorton, from Pope Circuit.

CA04-366. City of Fort Smith v. Pense Enterprises, from Crawford Circuit.

CA04-402. Andrea Shipman Kiddy v. Jason Shipman, from Union Circuit.

CA04-424. Cindy H. Cole v. Randall E. Cole, from Benton Circuit.

CA04-458. Peggy L. Coombe v. Joe Marvin Coombe, from Searcy Circuit.

CA04-530. Juan Garcia v. A & M Roofing, from Workers' Compensation Commission.

CA04-546. Ray McIntosh v. Alliant Food Service, from Workers' Compensation Commission.

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

E04-130. Dolly Zabrdac v. Director et al.

E04-149. Hugh Jones v. Director et al.

E04-260. Keith E. White v. Director et al.

E04-261. Gwendolyn T. Stewart v. Director et al.

E04-262. Leddon Clark v. Director et al.

E04-263. Lois A. Choat v. Director et al.

E04-264. Henrietta Williams v. Director et al.

E04-265. Eleanor J. Artis v. Director et al.

E04-266. Elton Earl Howard v. Director et al.

E04-267. Horace B. Grant v. Director et al.

E04-268. Larry Beck, Jr. v. Director et al.