BETTY C. DICKEY, CHIEF JUSTICE:

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar ID No. 81133, from Committee on Professional Conduct. Order of Disbarment Issued. Thornton, J., not participating. (21 PAGES PUBLISHED) [HTML, WP5.1]

04-471. Joe Alan Taylor, Jr. and Steve Hufstedler v. Michael Hinkle and BEIIFE, Inc., from St. Francis Circuit. Affirmed. Thornton, J., not participating. (20 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to Recall Mandate and Reopen Case Denied. Corbin, Brown, and Thornton, JJ., dissent. (16 PAGES + 4-PAGE DISSENT + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

04-367. Meadow Lake Farms, Inc. v. Carl Cooper and Ben Cooper, d/b/a Cooper Farms, from Izard Circuit. Reversed and Remanded. Thornton, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

03-1466. Mary Rodriguez v. Arkansas Department of Human Services and Minor Children, from Faulkner Circuit, Juvenile Division. Court of Appeals Reversed. Circuit Court Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

04-147. James C. Branscumb v. Clinton Freeman, from Jefferson Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

04-284. DaimlerChrysler Services North America, LLC v. Richard Weiss, Director, Department of Finance and Administration and Timothy Leathers, Commissioner ofRevenue, from Pulaski Circuit, Seventeenth Division. Affirmed. Brown, J., concurs. Thornton, J., not participating. (9 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

04-617. Richard A. Weiss, Director, DF&A and Timothy Leathers, Commissioner of Revenue v. American Honda Finance Corporation, from Pulaski Circuit, Sixth Division. Reversed. Brown, J., concurs. Thornton, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

04-815. Southern Farm Bureau Casualty Insurance Company v. Barbara Spears and Jerl Saeler, from Dallas Circuit. Reversed and Dismissed. Thornton, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

04-63. James Bradley Clark v. Entergy Arkansas, Inc. and Clements + Poellot/Associates, PLLC, from Pulaski Circuit, Second Division. (Entergy Arkansas) Thornton, J., would grant.

04-63. James Bradley Clark v. Entergy Arkansas, Inc. and Clements + Poellot/Associates, PLLC, from Pulaski Circuit, Second Division. (Clements + Poellot/Associates)

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 REVIEWS GRANTED: Petitions for review were granted today in the following cases.

CR04-1237. Korey Fells v. State of Arkansas, from Pulaski Circuit, Seventh Division.

04-1235. Gerald Robinson v. Karen Ford-Robinson, from Pulaski Circuit, Seventeenth Division.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR04-1167. Alexander Stewart v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR04-1270. Kenneth Harold Jordan, Jr. v. State of Arkansas, from Hempstead Circuit.

04-1126. Betty Roach v. PPG Industries, Inc., et al., from Washington Circuit.

04-1255. Cleatus Wiles d/b/a Outdoor Advertising v. City of Highland Planning & Zoning Commission Board of Adjustment, from Sharp Circuit. Corbin, J., would grant.

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CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District. Motion to be relieved granted and motion for appointment of counsel granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-1256. Automated Conveyor Systems v. Calvin Dooley, from Crittenden Circuit. Briefing schedule ordered. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR04-456. Calvin Lamont Walker v. State of Arkansas, from Ashley Circuit. Contempt order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1118. Fred Phillips v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file supplemental brief is granted.

CR04-1178. Charles D. Loudermilk v. State of Arkansas, from Faulkner Circuit. Appellant's motion to dismiss appeal is granted.

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Appellants' motion for oral argument denied and motion to enlarge time for oral argument moot.

04-1061. Cynthia Moriconi et al. v. AT&T Wireless PCS, LLC et al., from Pulaski Circuit, Seventh Division. Appellees' motion to dismiss appeal is granted.

04-1276. Calvin Kendrick v. Amanda Burkholder, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is granted.

04-1311. In Re: Brian Lee Spaulding, Arkansas Bar No. 89229, from Committee on Professional Conduct. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR04-425. Michael Lenz v. Honorable David Reynolds, Judge, from Faulkner Circuit. Pro se motion for reconsideration of petition for writ of mandamus. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-635. Robert Burnard v. State of Arkansas, from Sevier Circuit. Pro se motion for reconsideration of motion for belated appeal of order. Motion for reconsideration denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-799. Jerry Lural Edmond v. State of Arkansas, from Hempstead Circuit. Pro se motions for extension of time to file brief, for duplication of brief at public expense, and to amend brief. Motion for extension of time to file brief granted; motion for duplication of brief at public expense denied; motion to amend brief moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-836. Rafael Contreras v. State of Arkansas, from Pulaski Circuit, Second Division. Pro se motion for reconsideration. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-1201. Freddie Carol Baker v. Honorable Tom Keith, Circuit Judge, from Benton Circuit. Pro se motion to dismiss petition for writ of mandamus. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-662. Marcus Bohanan v. Arkansas Department of Correction, from Pulaski Circuit, First Division. Pro se motion for reconsideration of motion to proceed in forma pauperis on appeal. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-1191. James M. Marlin v. Larry Norris, from Lee Circuit. Pro se motion for rule on clerk. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Appointments to Arkansas Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Julie McDonald Cabe's first term expired on December 5, 2004.
Ms. Cabe is reappointed to serve a second three-year term. The second
three-year terms of Cindy Grace Thyer and Tony L. Yocum expired on
December 5, 2004. The court appoints Charles David Roscopf to serve
as a member from the First Congressional District. The court appoints
Wendy S. Wood to serve as an at-large member of the Continuing Legal
Education Board.

The court expresses its appreciation to Julie McDonald Cabe for
accepting her appointment to a second at-large term. The court expresses
its appreciation to Wendy S. Wood and Charles David Roscopf for acceptng
their appointments. Lastly, the court expresses its appreciation to Cindy
Grace Thyer and Tony L. Yocum for their service to the court on the
Continuing Legal Education Board.

In the Matter of the Retirement of Justice Ray Thornton. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Justice Ray Thornton has devoted his life to working for the
betterment of the people of this state and nation. His distinguished
career of public service has earned him respect for his achievements
in many arenas. On the occasion of his retirement from the bench, the
Arkansas Supreme Court pays tribute to Justice Thornton as jurist
and friend.

A graduate of Sheridan High School, Yale University, and
the University of Arkansas School of Law, Ray Thornton served as
Deputy Prosecuting Attorney for Pulaski and Perry Counties and
spent fourteen years in the private practice of law. In 1969-70, he
chaired the State Board of Law Examiners. As Arkansas Attorney
General from 1971 to 1973, he established the Consumer Protection
Division and sponsored the Criminal Code Revision Commission.

Elected to Congress for the Fourth Congressional District,
Justice Thornton made his mark from 1973 to 1979 as a member of
the Judiciary and Agriculture Committees and as Chairman of the
Science, Research, and Technology Committee. Between 1980 and
1989, he ably guided Arkansas State University and then the University
of Arkansas as president of those institutions. Justice Thornton
returned to Congress from 1991 to 1997 as a representative of the
Second Congressional District and a member of the Appropriations
Committee.

It has been in his capacity as Justice of the Arkansas Supreme
Court, from 1997 to the present, that Ray Thornton has gained the
admiration and affection of his colleagues. His sound judgment, tenacity,
and gentlemanly humility will be missed by all who have had the
pleasure to work beside him for the common goal of advancing the cause
of justice. The court offers Justice Thornton its congratulations for his
accomplishments and extends best wishes to him and his family for the
future, bidding him, in the words of Alfred, Lord Tennyson, to "Call your
companions, / Launch your vessel / And crowd your canvas, / And, ere it
vanishes / Over the margin, / After it, follow it, / Follow the Gleam."

In the Matter of the Retirement of Chief Judge John F. Stroud, Jr. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

During his decades of service to the legal community and citizens
of Arkansas, John F. Stroud, Jr., has attained nearly every honor that his
profession is able to bestow. On the occasion of his retirement from the
Arkansas Court of Appeals, where he has served with distinction from
1996 to 2000 as Judge and from 2001 to the present as Chief Judge, the
Arkansas Supreme Court expresses its admiration for his contributions to
the judicial system and applauds his example as a public servant.

Throughout his career, Chief Judge Stroud has displayed his
personal charm, diplomatic courtesy, and exuberant commitment to the
work at hand in such capacities as an appointed Justice of the Arkansas
Supreme Court; President of the Arkansas Bar Association; Chairman of
the Arkansas Bar Foundation; Chairman of the Judicial Nominations
Committee of the Arkansas Bar Association; Member of the Supreme Court
Committees on Specialization, Model Rules of Judicial Conduct, and Mandatory
Continuing Legal Education; and Chairman of the Committee for a Modern Judiciary.
He is the recipient of the C.E. Ransick Award of Excellence and the Presidential
Award of Excellence from the Arkansas Bar Foundation, as well as the
Charles L. Carpenter Memorial Award from the Arkansas Bar Association.

As Chief Judge, John Stroud has been responsible for numerous
administrative changes that have streamlined the day-to-day operations
of the Court of Appeals. He was instrumental in securing the needed
redistricting of Court of Appeals positions. Perhaps Chief Judge Stroud's
greatest legacy, however, derives from his tireless efforts as co-chairman
of the committee that produced Amendment 80 to the Arkansas Constitution,
which restructured the judicial system of this state.

Knowing that retirement from the bench is not truly retirement from
the field of endeavor for a man of John Stroud's energies, the Arkansas
Supreme Court wishes him and his wife Marietta, and their children and 
grandchildren, the warmest congratulations on what he has achieved and all 
good fortune for the road that lies ahead.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR04-715. Mark Duane Wright v. State of Arkansas, from Franklin Circuit, Northern District.

04-411. Frank A. Bailey, Jr. et al. v. Delta Trust & Bank et al., from Pulaski Circuit, Sixth Division.

04-449. Gary Kent Jones et ux. v. Linda K. Flowers et al., from Pulaski Circuit, Sixth Division.

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PETITIONS FOR REVIEW:

 04-1221. Brittney Harris v. JSK Enterprises, Inc. et al., from Pulaski Circuit, Third Division.

04-1225. Billy Joe Rylant v. Monica Hicks, from Greene Circuit.

04-1265. Arkansas Department of Human Services v. Ronald Parker, from Lincoln Circuit.

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CR04-715. Mark Duane Wright v. State of Arkansas, from Franklin Circuit, Northern District. Appellant's motion to stay mandate.

CR04-1102. Edward Eugene Mayberry, Jr. v. State of Arkansas, from Hot Spring Circuit. Appellee's motion to dismiss appeal.

CR04-1332. Salvador Ayala v. Honorable William A. Storey, Judge, from Washington Circuit. Petition for temporary and permanent writs of prohibition and writ of mandamus.

04-441. Arkco Corporation et al. v. Jess Askew, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

04-993. Richard R. Plaisance v. Ron Nichols, from Benton Circuit. Joint motion to dismiss appeal.

04-1055. Thomas Arthur Johnson v. Virginia Hargrove et al., from Washington Circuit. Appellant's motion for extension of time to correct brief.

04-1306. Servewell Plumbing, LLC v. Summit Contractors, Inc. et al., from Pulaski Circuit, Twelfth Division. Motion for rule on clerk.

SUBMISSIONS

CR03-818. Jerome Malitan DeAsis v. State of Arkansas, from Benton Circuit.

CR04-573. Marrio Terrell Dednam v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit.

04-436. Springdale School District No. 50 v. The Evans Law Firm et al., from Washington Circuit.

04-441. Arkco Corporation et al. v. Jess Askew, from Pulaski Circuit, Fifth Division.