ARKANSAS COURT OF APPEALS

Opinions delivered
January 5, 2005


Download ZIP file containing today's published WP5.1 files.
Download ZIP file containing today's unpublished WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR04-221. Matthew A. Meadows v. State of Arkansas, from Johnson Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-184. Bruce Long et al. v. Jack Bonds et al., from Searcy Circuit. Reversed and Dismissed. Crabtree and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR04-287. Tammy Marlene Lynn v. State of Arkansas, from Hot Spring Circuit. Reversed and Remanded. Gladwin and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-348. Gwen Morgan v. Ronnie Whorton, Anna Whorton, and Whorton Sand & Gravel, from Pope Circuit. Affirmed. Gladwin and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR04-379. Jeffery Scott Wilkerson v. State of Arkansas, from Montgomery Circuit. Affirmed. Hart and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-413. James E. Williams v. State of Arkansas, from Union Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-458. Peggy L. Coombe v. Joe Marvin Coombe, from Searcy Circuit, Second Division. Reversed and Remanded. Neal and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-538. Nelson Nimmer v. State of Arkansas, from Desha Circuit. Affirmed. Bird and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-172. Herbert Bingham and Betty Bingham v. City of Jonesboro, from Craighead Circuit. Reversed and Remanded. Bird and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-1433. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. Robbins and Neal, JJ., agree. Substituted opinion on denial of petition for rehearing delivered April 6, 2005; appears in syllabus that date. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA04-424. Cindy H. Cole v. Randall E. Cole, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Neal, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR04-5. Nyle Da-Von Daniels v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Roaf, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-2. Sherman Winters, Jr. and Deanna Winters v. State of Arkansas, from Poinsett Circuit. Affirmed. Crabtree, J., agrees. Griffen, J., concurs. (15 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CACR04-33. Christopher Elliott v. State of Arkansas, from Jackson Circuit. Rebriefing Ordered. Hart and Gladwin, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-49. David Lee Patterson v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-303. Jerry Johnson v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Pittman, C.J., and Crabtree, J., 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).

E04-130. 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 Willliams 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.

PER CURIAM ORDERS

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

CA04-92. Daniel Morales v. Hector Martinez et al., from Workers' Compensation Commission.

CA04-174. Waste Management of Arkansas, Inc. v. Roll Off Service, Inc. and Tom Smith, from Washington Circuit.

CA04-276. Felix G. Ramirez v. LDS, LLC and Farmer's Insurance Group, from Workers' Compensation Commission.

*****************************

CACR03-205. Earl W. Loy v. State of Arkansas, from Garland Circuit. Motion of Kathy L. Hall for attorney's fees is granted. Allowed $1,000.00.

CACR03-1145. Steven Evans v. State of Arkansas, from Jefferson Circuit. Motion of Scott Scholl for attorney's fees is granted. Allowed $1,000.00.

CACR03-1261. Derrick Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Richard L. Hughes for attorney's fees is granted. Allowed $1,000.00.

CACR04-34. Patrick Ragsdale v. State of Arkansas, from Craighead Circuit, Western District. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit. Appellant's motion for extension of time to file substituted abstract and brief on rebriefing is granted. Brief due February 11, 2005.

CACR04-597. James Eddie White v. State of Arkansas, from Drew Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $800.00.

CACR04-629. Terri Irene Sanders v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny.

CACR04-701. Cardrick Flowers v. State of Arkansas, from Johnson Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would make this the final extension. Crabtree, J., would deny.

CACR04-817. Wayne Bowker v. State of Arkansas, from Benton Circuit. Appellant's pro se motion to remand to trial court is denied.

CACR04-832. David A. Braswell v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time is granted.

CACR04-834. Shantell Parnell Perkins v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time is granted.

CACR04-920. Micah Lamar Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division. Resubmission of motion of Clint Miller to withdraw as counsel for appellant is granted.

CACR04-1035. Darren Keath Helms v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CACR04-1146. Charnaley Marshall v. State of Arkansas, from Clark Circuit. Appellant's second motion to file belated brief and for brief time is granted. Brief due January 23, 2005.

CACR04-1220. Antonio Norris Yancy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CACR04-1296. Charles Prichard v. State of Arkansas, from Miller Circuit. Appellant's motion to complete the record and to stay brief time is remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

CA04-7. David R. Williams and Superior Products USA v. Golf Cars of Arkansas, Inc., fromPulaski Circuit, Third Division. Appellant's pro se motion to file belated brief on rebriefing is granted.

CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motion to expedite is granted.

CA04-251. James E. Morehouse v. Lori Morehouse Lawson, from Craighead Circuit, Western District. Appellee's motion for oral argument is denied.

CA04-253. Erica Suggs-Rendon v. Arkansas Department of Human Services, from Pope Circuit. Appellee's motion for extension of time to file brief is granted. Motion for compliance. Moot.

CA04-276. Felix G. Ramirez v. LDS, LLC and Farmer's Insurance Group, from Workers' Compensation Commission. Appellant's motion for designation of publication of opinion is denied.

CA04-320. CV's Family Foods et al. v. Gloria Taylor, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA04-374. Josephine Barry Rogers v. Doyle "Rog" Rogers, Jr., from Pulaski Circuit, Seventeenth Division. Appellant's motion to supplement the record is denied without prejudice. Reply brief due January 17, 2005.

CA04-648. Joseph Thomas v. Arkansas Department of Human Services, from Marion Circuit. Appellant's motion to file belated reply brief is granted.

CA04-736. Jennifer French v. Arkansas Department of Human Services, from Van Buren Circuit. Appellee's motion to complete the record is remanded to the trial court to settle the record within thirty days. Appellee's brief due thirty days thereafter.

CA04-870. Donna Wallis Wiley v. Arkansas Department of Human Services, from Stone Circuit. Appellant's motion for extension of time to supplement the record is granted.

CA04-909. Larry Shannon d/b/a Economy Wrecker Service v. Arkansas Towing & Recovery Board, from Pulaski Circuit, Second Division. Appellee's motion to supplement the record and for brief time is granted.

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 is denied. Brief due February 4, 2005.

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

CA04-1021. Robert E. Jefferson v. Pediatric Specialty Care, Inc. et al., from Workers' Compensation Commission. Appellant's motion to correct the record is granted. Corrected record due within thirty days. Brief due thirty days thereafter.

CA04-1142. Barbara Bingle v. Quality Inn et al., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

CA04-1180. Kevin Shotzman et ux. v. Mike Berumen III, M.D. et al., from Sebastian Circuit, Fort Smith District. Appellants' motion to supplement record is granted. Record deemed supplemented.

CA04-1213. Scipio Johnson v. Bonds Fertilizer, Inc. et al., from Workers' Compensation Commission. Appellant's motion to supplement the record is remanded to the Commission to settle the record within thirty days. Brief due thirty days thereafter.

CA04-1308. Kenneth D. Harris, Sr. et al. v. Regions Bank et al., from Searcy Circuit. Motion of Jerry D. Patterson, attorney for appellants, to dismiss appeal is denied without prejudice.

CA04-1369. Shirley Tyus v. American Transportation et al., from Workers' Compensation Commission. Appellant's pro se motion for rule on clerk to lodge transcript is denied.

E03-400. Southwestern Bell Telephone, L.P. v. Director et al., from Board of Review. Joint motion to suspend proceedings and extend briefing schedules in E03-400, E03-401, E03-402, E03-403, E03-404, E03-406, E03-407, E04-18, E04-19, E04-20, E04-105, E04-144, E04-174, and E04-228 until E04-385 is decided is granted. Glover, J., not participating.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR03-1285. James Jesse Lilley v. State of Arkansas, from Crawford Circuit.

CACR04-6. Stephen E. Wiley v. State of Arkansas, from Garland Circuit.

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

CACR04-176. Theodis Kelly v. State of Arkansas, from Phillips Circuit.

CACR04-368. Booker Simmons v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA03-1135. First National Bank of Lewisville v. Eddie Mayberry, Chylene Mayberry and Farmers Bank & Trust Company, from Columbia Circuit.

*****************************

CACR04-176. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Motion of Alvin Schay for attorney's fees.

CACR04-278. John Earl Walker v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR04-510. Michael E. Bradshaw v. State of Arkansas, from Garland Circuit. Motion of W. Darrel Blount for attorney's fees.

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

CA03-1001. Douglas Ket Manary v. Stephanie Rochelle, from Benton Circuit. Appellant's motion to complete the record.

CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Motion of Garry Corrothers for substitution of counsel.

CA04-254. Breezy Mayfield v. Arkansas Department of Human Services, from Cleveland Circuit. Motion of Ben Seay for attorney's fees.

CA04-659. Todd Templeton v. United Parcel Services, Inc., from Washington Circuit. Appellant's motion to supplement abstract and addendum.

CA04-915. Katheryn Neves da Rocha et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellants' motion for setting of briefing schedule.

CA04-934. Betty Hoffman et al. v. Mary Ann Gregory et al., from Garland Probate. Appellee/Cross-Appellant's motion to supplement the record.

CA04-1052. Robert O'Marra v. Michael MacKool et al., from Pulaski Circuit, Second Division. Appellees' motion to file belated brief.

CA04-1156. Nancy Palmer v. Robert Palmer, from Pulaski Circuit, Seventeenth Division. Appellant's motion for additional brief time.

CA04-1203. Samuel Snowden v. Poulan/Weedeater, from Workers' Compensation Commission. Appellant's pro se motion for additional time to file corrected brief.

SUBMISSIONS

CACR03-1100. Clifton Mason v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-258. Corey Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-271. Nathan Eugene Curry v. State of Arkansas, from Crawford Circuit.

CACR04-347. John Michael VanCuren v. State of Arkansas, from Washington Circuit.

CACR04-350. Francisco Bartes Palma v. State of Arkansas, from Benton Circuit.

CACR04-384. Steven Ralph Teater v. State of Arkansas, from Ouachita Circuit.

CACR04-612. Mettro Tardak Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA03-1229. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit.

CA04-10. Emmett Jones et ux. v. Chester Scott et al., from Scott Circuit.

CA04-211. Bob Scott v. The Estate of Lyllah Mae Prendergast, Deceased, from Benton Probate.

CA04-216. Sammye Ivy v. Raymond Ivy, from Faulkner Circuit.

CA04-249. Rose Lee v. Tyson Foods, Inc., from Workers' Compensation Commission.

CA04-325. Looney's Truck Tire Center, Inc. et al. v. Kevin Patterson, from Workers' Compensation Commission.

CA04-328. Office of Child Support Enforcement v. Levon Dale, from Desha Circuit, Arkansas City District.

CA04-365. Rick Gibson v. State of Arkansas, from Carroll Circuit, Eastern District.

CA04-398. Bervie Lawrence v. Delma Sullivan, from Lee Probate.

CA04-409. John Farr v. Jackye R. Farr, from Polk Circuit.

CA04-487. Hugh Brown v. Richard A. Wyatt, from Pulaski Circuit, Sixth Division.

CA04-543. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc., from Pulaski Circuit, Seventh Division.

CA04-559. Southway Corporation v. Metropolitan Realty & Development, LLC, from PulaskiCircuit, Seventh Division.

CA04-576. Angela C. Mays v. Hamilton House Restaurant, from Workers' Compensation Commission.

CA04-591. Russell Lee v. Alcoa Extrusion, Inc., from Workers' Compensation Commission.

CA04-689. Betty Adams v. Arkansas Department of Human Services, from Chicot Circuit.

CA04-784. Sheryl Weesner v. John Johnson, from White Circuit.

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

E04-279. Vickie M. Rea v. Director et al.

E04-282. Bruce Roberson v. Director et al.

E04-283. John Meiser v. Director et al.

E04-284. Amanda L. Ragle v. Director et al.

E04-285. Sonic Drive In v. Director et al.

E04-286. Ida L. Goins v. Director et al.

E04-287. Robert L. Neal v. Director et al.

E04-288. Jimmy Loggins v. Director et al.

E04-289. J.W. Magness Oil Company v. Director et al.

E04-290. Corliss M. Harris v. Director et al.

E04-291. Karen A. West v. Director et al.

E04-292. Brenda S. Miller v. Director et al.