ARKANSAS COURT OF APPEALS

Opinions delivered
January 12, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR03-155. Albert Sims v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Crabtree and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-169. Eric Perkins v. State of Arkansas, from Yell Circuit, Southern Division. Remanded to Supplement the Record; Rebriefing Ordered. Crabtree and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-1146. Michael Wrenn v. State of Arkansas, from Jefferson Circuit. Motion to Withdraw Denied; Rebriefing Ordered. Gladwin and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-1297. Frank Timothy Hart v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-1425. Bobby Ray Hatton v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Gladwin and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-297. Leanell Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Gladwin and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit. Affirmed; Motion to Withdraw Granted. Griffen and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-3. James Turner v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed; Motion to Withdraw Granted. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-360. Office of Child Support Enforcement v. Michael D. Pyron, from Washington Circuit. Affirmed. Robbins and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit. Rebriefing Ordered. Bird and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-189. K & J's Trucking, Inc. v. Michael W. Seay, from Washington Circuit. Affirmed. Crabtree and Baker, JJ., agree. (17 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-427. Marvin Cobb v. Charles Leyendecker, from Clay Circuit. Reversed and Remanded. Robbins, Baker, and Roaf, JJ., agree. Bird and Crabtree, JJ., dissent. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA04-546. Ray McIntosh v. Alliant Food Service and Sentry Insurance, from Workers' Compensation Commission. Affirmed. Hart and Bird, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-986. Marcus Conery v. State of Arkansas, from Jefferson Circuit. Rebriefing Ordered. Bird and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1244. Christopher R. Nolen and Andrae D. Brown v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-471. Roy Lee Wallace v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1317. Bilal Kareem Al-Amin v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Gladwin and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1322. Eric Wayne Ferguson v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Gladwin and Robbins, JJ., agree. Substituted opinion on denial of petition for rehearing delivered February 23, 2005; appears in syllabus that date. (10 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit. Remanded to Supplement the Record. Pittman, C.J., and Roaf, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-67. Charles Fitzgerald McCrary v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Gladwin, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit. Rebriefing Ordered. Hart and Gladwin, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Rebriefing Ordered. Pittman, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-110. Susan M. Foster v. State of Arkansas, from Union Circuit. Affirmed. Pittman, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA04-575. May Morgan and Tommy Morgan v. Farm Bureau Mutual Insurance Company, Long Beach Mortgage Company, and Washington Mutual Bank, from Faulkner Circuit. Dismissed. (2 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).

E04-269. Lewis E. Matthews v. Director et al.

E04-270. Karen S. Foster v. Director et al.

E04-271. Vickie D. Deal v. Director et al.

E04-272. Ron Simmons v. Director et al.

E04-273. Winston Williams v. Director et al.

E04-274. James Robertson, Jr. v. Director et al.

E04-275. Arkansas Support Network, Inc. v. Director et al.

E04-276. Arkansas Support Network, Inc. v. Director et al.

E04-277. Sondra R. Stewart v. Director et al.

E04-278. Sondra R. Stewart v. Director et al.

E04-281. Belinda G. Prichard v. Director et al.

PER CURIAM ORDERS

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

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. Hart and Neal, JJ., would grant.

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

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CACR04-110. Susan M. Foster v. State of Arkansas, from Union Circuit. Appellant's pro se motion to relieve counsel and for appointment of new counsel is denied.

CACR04-170. Kenneth Harold Jordan v. State of Arkansas, from Hempstead Circuit. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $1,000.00.

CACR04-176. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR04-278. John Earl Walker v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $1,000.00.

CACR04-510. Michael E. Bradshaw v. State of Arkansas, from Garland Circuit. Motion of W. Darrel Blount for attorney's fees is granted. Allowed $1,000.00.

CACR04-583. Helen Marie Gately v. State of Arkansas, from Washington Circuit. Appellant's motion for additional brief time is granted.

CACR04-790. Jerry Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny.

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

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

CA04-659. Todd Templeton v. United Parcel Services, Inc., from Washington Circuit. Appellant's motion to supplement abstract and addendum is granted. Substituted abstract, brief, and addendum due within thirty days. Appellees' brief due thirty days thereafter.

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. Clerk to set briefing schedule upon filing of record.

CA04-934. Betty Hoffman et al. v. Mary Ann Gregory et al., from Garland Probate. Appellee/Cross-Appellant's motion to supplement the record is granted. Record deemed supplemented. Griffen, J., not participating.

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

CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Appellant's motion to expedite is denied. See Ark. R. App. P.--Civ. 2(e).

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

CA04-1203. Samuel Snowden v. Poulan/Weedeater, from Workers' Compensation Commission. Appellant's pro se motion for additional time to file corrected brief is granted. Griffen, J., not participating.

E03-51. Kirk J. Rankin v. Director et al., from Board of Review. Appellant's pro se petition for a motion to comply is dismissed. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR04-474. James Lawson v. State of Arkansas, from Union Circuit.

CA04-255. Sherwood Forest Mobile Home Park v. Champion Home Builders Company, from Pulaski Circuit, Second Division.

CA04-285. Wendell Campbell v. Entergy Arkansas, Inc., from Arkansas Circuit, Northern District.

CA04-520. J.D. & Billy Hines Trucking, Inc. and The Zenith Insurance Company v. Danny Hebert, from Workers' Compensation Commission.

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CACR03-219. William Sharp v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Resubmission of appellant's motion for summary reversal.

CACR03-1314. Carl Tice v. State of Arkansas, from Pope Circuit. Motion of Robert E. Irwin to be relieved as counsel for appellant and for attorney's fees.

CACR04-33. Christopher Lee Elliott v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.

CACR04-49. David Lee Patterson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Misty L. Bowen for attorney's fees.

CACR04-212. Manuel Rameriz v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal.

CACR04-413. James Edward Williams v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.

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

CA04-1082. Thomas D. Cummings v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief.

CA04-1117. Harvey Franklin v. Ever Dean Williams, from Jefferson Circuit. Appellant's motion to file belated brief and for brief time.

CA04-1241. Waste Management and Transportation Insurance Company v. Jack Estridge, from Workers' Compensation Commission. Appellant's motion for reconsideration of order denying rule on clerk to lodge transcript.

CA04-1329. Tobacco Superstore, Inc. v. Diane Darrough, from Lincoln Circuit. Appellant's motion for clarification.

SUBMISSIONS

CA04-377. Howard Harper v. Arkansas Rehabilitation Services, from Workers' Compensation Commission. Argued orally.

CA04-539. Terry Potocki v. St. Edward Mercy Medical Center et al., from Workers' Compensation Commission. Argued orally.

CACR03-27. Melony Nazaretta and Melissa DeBate v. State of Arkansas, from Van Buren Circuit.

CACR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit.

CACR04-74. Mary Hiang and Conzuella Terrell v. State of Arkansas, from Crawford Circuit.

CACR04-113. Kimberly Sharp v. State of Arkansas, from Pulaski Chancery, Second Division.

CACR04-119. Ruby Jean Matney v. State of Arkansas, from Stone Circuit.

CACR04-288. Luke Edward Pearson v. State of Arkansas, from Pope Circuit.

CACR04-397. Jessie Gamble v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR04-399. Darrell Biggers v. State of Arkansas, from White Circuit.

CACR04-537. Ricky Lane Hammond v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR04-616. Stephen Ogburn v. State of Arkansas, from Miller Circuit.

CACR04-694. Jerry Dean Grissom v. State of Arkansas, from Faulkner Circuit.

CA04-76. Wava Cox v. Kay Miller, from Jefferson Circuit.

CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit.

CA04-191. Connie Moore et al. v. Frank Wallace et al., from Crittenden Circuit.

CA04-280. Janice Frazier-Hampton v. Mike Hesterly, from Ouachita Circuit.

CA04-333. Danny Ballinger v. Heritage Log Homes, Inc., from Cleburne Circuit.

CA04-447. Pope County Quarries, LLC v. Eulis Standridge et ux., from Pope Circuit.

CA04-493. Shirley Justice v. Earlene Thomas, from Pulaski Circuit, Fifth Division.

CA04-499. Clarence C. Culbreath v. Conagra Poultry Company, from Workers' Compensation Commission.

CA04-602. Robert Phillips v. Union Pacific Railroad Company, from Pulaski Circuit, Sixteenth Division.

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

E04-293. Evelyn J. Patrick v. Director et al.

E04-294. Tiffany R. Patrick v. Director et al.

E04-295. Jerry Boyd v. Director et al.

E04-296. Tracy Croft v. Director et al.

E04-297. Arthur L. Cooper v. Director et al.

E04-298. Patti Beth Smith v. Director et al.

E04-299. Brenda A. Carthan v. Director et al.

E04-300. Debra A. Mills v. Director et al.

E04-301. Robert L. Tilmon v. Director et al.

E04-302. Arnold Williams v. Director et al.

E04-303. Mary H. Collins v. Director et al.

E04-304. Beverly A. Rook v. Director et al.