ARKANSAS COURT OF APPEALS

Opinions delivered
January 19, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR04-271. Nathan Eugene Curry v. State of Arkansas, from Crawford Circuit. Affirmed. Glover and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit. Rebriefing Ordered. Gladwin and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-347. John Michael VanCuren v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR04-350. Francisco Batres Palma v. State of Arkansas, from Benton Circuit. Rebriefing Ordered. Robbins and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-402. Andrea Shipman Kiddy v. Jason Shipman, from Union Circuit. Reversed and Remanded. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-475. Norma Rutledge v. Christ is the Answer Fellowship, Inc., from Jefferson Circuit. Dismissed. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-1229. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Reversed and Remanded. Gladwin and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA04-365. Rick Gibson v. State of Arkansas, from Carroll Circuit, Eastern District. Affirmed. Gladwin and Neal, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA04-543. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit. Dismissed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA04-409. John Farr, Jr. v. Jackye Farr, from Polk Circuit. Affirmed on Direct Appeal; Reversed and Remanded on Cross-Appeal. Vaught and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CA04-249. Rose Lee v. Tyson Foods, Inc., from Workers' Compensation Commission. Dismissed. Pittman, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-328. Office of Child Support Enforcement v. Levon Dale, from Desha Circuit. Reversed and Remanded. Pittman, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA04-325. Looneys' Truck Tire Center, Inc. and Companion Property & Casualty v. Kevin Patterson, from Workers' Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA04-576. Angela C. Mays v. Hamilton House Restaurant, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-784. Sheryl Weesner v. John Johnson, from White Circuit. Reversed and Dismissed as to Custody Determination. Griffen and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA04-10. Emmett Jones and Frances Ann Jones v. Chester Scott and Barbara Scott, from Scott Circuit. Rebriefing Ordered. Hart and Bird, JJ., agree. (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).

E04-279. 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.

PER CURIAM ORDERS

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

CACR03-1285. James Jesse Lilley v. State of Arkansas, from Crawford 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 is granted. Allowed $1,000.00.

CACR04-33. Christopher Lee Elliott v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $1,000.00.

CACR04-49. David Lee Patterson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Misty L. Bowen for attorney's fees is granted. Allowed $1,000.00.

CACR04-212. Manuel Rameriz v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal is denied. Appellant's brief due February 4, 2005.

CACR04-413. James Edward Williams v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $1,000.00.

CACR04-768. Andre Crawford v. State of Arkansas, from Phillips Circuit. Motion of Alvin Schay to be substituted as counsel for appellant is granted. Griffen, J., would deny. Appellant's brief due February 18, 2005. See dissent this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-254. Breezy Mayfield v. Arkansas Department of Human Services, from Cleveland Circuit. Motion of Ben Seay for attorney's fees is granted. Allowed $1,180.00 in fees and costs. See Walters v. Arkansas Department of Human Services, 83 Ark. App. 85, 118 S.W.3d 134 (2003).

CA04-942. Queen Levingston et al. v. Felicia Stovall et al, from Union Circuit. Motion of separate appellee, Felicia Stovall, to expedite appeal is granted. Robbins, Crabtree, and Roaf, JJ., would deny. See Ark. R. App. P.--Civ. 2(e). Griffen and Neal, JJ., not participating.

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

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

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 is denied. Hart, Bird, Glover, and Baker, JJ., would grant.

CA04-1329. Tobacco Superstore, Inc. v. Diane Darrough, from Lincoln Circuit. Appellant's motion for clarification is granted. First order and notice of appeal superseded by second order.

MOTIONS SUBMITTED

CACR04-110. Susan M. Foster v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR04-310. Michael Wilkins v. State of Arkansas, from Saline Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR04-786. Jimmy Ross Welch v. State of Arkansas, from Clark Circuit. Appellant's motion to strike and/or rebrief.

CACR04-1020. Robert Curtis Taylor v. State of Arkansas, from Drew Circuit. Appellant's motion to supplement the record and to stay appeal.

CACR04-1033. Mark Lasker v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief and for brief time.

CACR04-1287. Jason Daniel Pruss v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record and to stay brief time.

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.

CA04-961. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al., from Pulaski Circuit, Second Division. Motion of appellees, Mercantile Bank, N.A., Firstar Bank, N.A., and U.S. Bank, National Association, to dismiss appeal and to stay briefing schedule.

CA04-961. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al., from Pulaski Circuit, Second Division. Motion of appellee, Flake & Kelley Management, Inc., to dismiss appeal.

CA04-961. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al, from Pulaski Circuit, Second Division. Appellants' motion for extension of time to respond to motions to dismiss.

CA04-1009. Reynolds Health Care Services, Inc. et al. v. HMNH, Inc. et al., from Union Circuit. Appellees' motion to dismiss appeal.

CA04-1042. Dale Peterson et ux. v. Richard Wagner et ux., from Polk Circuit. Appellees' motion to file belated brief.

CA04-1096. Rita Rawles v. Arkansas Department of Human Services, from Sebastian Circuit, Greenwood District. Appellee's motion for compliance.

CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Appellee's motion to dismiss appeal and to stay brief time.

CA04-1160. Margareta Edwards Young v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA04-1278. City of Fort Smith, Arkansas v. Lee Hackler et al., from Crawford Circuit. Appellant's motion to stay brief time pending consolidation.

CA05-50. Shandi Allen v. Dontar Industries et al., from Workers' Compensation Commission. Appellant's motion for rule on clerk to lodge transcript.

SUBMISSIONS

CA03-1112. Cinnamon Valley Resort, Inc. v. EMAC Enterprises, Inc., from Carroll Circuit, Western District. Argued orally.

CACR02-1058. Anthony C. Malone v. State of Arkansas, from White Circuit.

CACR03-1355. Jimmy Douglas Jefferson v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR03-1410. David Franklin Harness, Danny Amon Lewis and James Lynn Carson v. State of Arkansas, from Stone Circuit.

CACR04-128. Stanley Keith Orick v. State of Arkansas, from Greene Circuit.

CACR04-354. Michael R. Keisler v. State of Arkansas, from Hot Spring Circuit.

CACR04-415. Clarence Lagrone v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-522. Charles Dewayne Seale v. State of Arkansas, from Hempstead Circuit.

CACR04-582. Richard Bell v. State of Arkansas, from Union Circuit.

CA02-749. Richard Hamilton v. Teddy D. Jones et al., from Crittenden Circuit.

CA03-967. Burma Jean Martin v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division.

CA04-86. James Gillam v. Phillip C. Wyrick, from Saline Circuit.

CA04-342. Gregory F. Small et ux. v. Craig Kulesa, from Garland Circuit.

CA04-488. Lillie Taylor v. Producers Rice Mill, Inc., from Workers' Compensation Commission.

CA04-491. Russell Franklin et ux. v. Robert Butler et ux., from Conway Circuit.

CA04-599. Lomas Financial Corporation v. Sandra Peacock, from Workers' Compensation Commission.

CA04-607. Kimberly Ignatiuk v. Michael Ignatiuk, from Pulaski Circuit, Sixteenth Division.

CA04-613. L. W. v. State of Arkansas, from Washington Circuit.

CA04-631. Office of Child Support Enforcement v. Colin R. Reagan, from Washington Circuit.

CA04-641. Patrick J. Powers v. Kathryn A. Powers, from Washington Circuit.

CA04-645. Community Bank of North Arkansas v. Tri-State Propane, from Benton Circuit.

CA04-669. Dana Corporation v. Steven Baker, from Workers' Compensation Commission.

CA04-670. Dan Allen v. International Paper Company et al., from Workers' Compensation Commission.

CA04-675. Amy Williams v. State of Arkansas, from Saline Circuit.

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

E04-305. Sylvia E. Richard v. Director et al.

E04-306. Carl D. Flippo v. Director et al.

E04-307. Duane F. Smith v. Director et al.

E04-308. Tonia Ingle v. Director et al.

E04-309. Yamata Jack v. Director et al.

E04-310. Michael L. Barnes v. Director et al.

E04-311. Shrline R. Harmon v. Director et al.

E04-312. Shari Witherspoon v. Director et al.

E04-313. Stanley P. Talley v. Director et al.

E04-314. Brandon C. Holmes v. Director et al.

E04-315. Charles Campbell v. Director et al.

E04-363. Delilar Burgess v. Director et al.