Opinions delivered
February 2, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA03-1112. Cinnamon Valley Resort, James Walsh, and Carolyn Walsh v. EMAC Enterprises, Inc., from Carroll Circuit. Affirmed. Glover and Baker, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]
CA04-689. Betty Adams v. Arkansas Department of Human Services, from Chicot Circuit. Affirmed. Glover and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR04-258. Corey Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird, J., agrees. Roaf, J., concurs. (5 PAGES + 4-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CA03-967. Burma Jean Martin, John Paul Martin and Hazel Martin v. Michael Knollmeyer et al., from Pulaski Circuit. Remanded to Supplement the Record; Rebriefing Ordered. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-76. Wava Cox v. Kay Miller, Administratrix of the Estate of Walter Clark "Dub" Brassell, from Jefferson Circuit. Reversed and Remanded. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR04-247. Troy Wayne Love v. State of Arkansas, from Miller Circuit. Affirmed. Hart and Baker, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR04-128. Stanley Keith Orick v. State of Arkansas, from Greene Circuit. Affirmed. Gladwin and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-86. James Gillam v. Phillip C. Wyrick and Esquire Marble Company, from Saline Circuit. Reversed and Dismissed in Part; Reversed and Remanded in Part. Gladwin and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR04-354. Michael R. Keisler v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-491. Russell Franklin and Mary Franklin v. Robert Butler and Kim Butler, from Conway Circuit. Affirmed. Hart and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-530. Juan Garcia v. A&M Roofing, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Baker, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR04-490. Charles W. Utley v. State of Arkansas, from Mississippi Circuit. Rebriefing Ordered. Bird and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-612. Mettro Tardack Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-499. Clarence Culbreath v. ConAgra Poultry Company, Inc., from Workers' Compensation Commission. Affirmed. Vaught and Crabtree, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CACR04-522. Charles Dewayne Seale v. State of Arkansas, from Hempstead Circuit. Affirmed. Pittman, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-749. Richard L. Hamilton v. Teddy D. Jones and Super Service, Inc., from Crittenden Circuit. Affirmed. Pittman, C.J., and Baker, J., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-582. Richard Bell v. State of Arkansas, from Union Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA04-631. Office of Child Support Enforcement v. Colin R. Reagan, from Washington Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA04-670. Dan Allen v. International Paper Company and Sedgwick Claims Services, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA04-675. Amy Williams v. State of Arkansas, from Saline Circuit. Affirmed. Griffen and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA04-641. Patrick J. Powers v. Kathryn A. Powers, from Washington Circuit. Affirmed. Pittman, C.J., and Glover, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA04-599. Lomas Financial Corporation and AETNA Casualty v. Sandra Peacock, from Workers' Compensation Commission. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-645. Community Bank of North Arkansas v. Tri-State Propane, from Benton Circuit. Affirmed. Hart and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CA04-604. Grand Prairie Water Users Board v. Community Water Systems, from Cleburne Circuit. Dismissed. (3 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).
E04-305. 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.
PER CURIAM ORDERS
CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellant's motion and amended motion to supplement the record is denied. Appellant is granted leave to file a substituted abstract, brief, and addendum within fifteen days. See Ark. R. Sup. Ct. 4-2(a)(5) and (b)(3).
CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $1,000.00.
CACR03-1297. Frank Timothy Hart v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR03-1357. Billy Lawson v. State of Arkansas, from Faulkner Circuit. Motion of Callis L. Childs for attorney's fees. Callis L. Childs appointed as attorney for appellant. Motion granted. Allowed $1,000.00. Pittman, C.J., and Crabtree, J., would deny.
CACR04-221. Matthew A. Meadows v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees is granted. Allowed $1,000.00.
CACR04-271. Nathan Eugene Curry v. State of Arkansas, from Crawford Circuit. Motion of Brent Houston for attorney's fees is granted. Allowed $1,000.00.
CACR04-274. Dora Hilda Chevez v. State of Arkansas, from Crawford Circuit. Motion of Gregg A. Knutson 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 accept belated order on remand is granted.
CACR04-990. Jose Enrique Mendiola v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time is granted.
CACR04-1056. Luis Eduardo Renderos v. State of Arkansas, from Crawford Circuit. Appellant's motion to accept brief after remand is granted.
CACR04-1398. Darrell Fitzgerald Watson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Clint Miller to be relieved as counsel for appellant is granted.
CACR04-1400. Maximillian Smith v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts to substitute Ronald L. Davis as attorney for appellant and for sixty-day extension to file brief is granted.
CA04-57. Richard J. Hudson et ux. v. Emile Hilo et ux., from Pulaski Circuit, Sixth Division. Appellees' motion to withdraw motion for attorney's fees is granted. Appellees' motion for attorney's fees is moot.
CA04-325. Looney's Truck Tire Center, Inc. et al. v. Kevin Patterson, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA04-434. Helena Regional Medical Center et al. v. Trina Wilson, as Administratrix of the Estate of Angela Nolen, Deceased, from Phillips Probate. Appellant's motion to continue oral argument is denied. Hart and Bird, JJ., would grant. Glover, J., not participating.
CA04-479. Michael Pearson v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Appellee's motion to dismiss appeal is granted.
CA04-498. Roy Cummings v. Norma Shults, from Crawford Circuit. Appellant's motion to substitute abstract, addendum and brief is granted.
CA04-733. Rolene Norton et al. v. Arkansas Department of Human Services, from Johnson Circuit. Appellee's motion to supplement the record and to stay brief time. Granted. Remanded to the trial court to settle the record within fifteen days.
CA04-800. Ray Townsend Farms, Inc. et al. v. Marjorie T. Smith, from Monroe Circuit. Motion of T. David Carruth to withdraw as counsel for appellant is granted. Pittman, C.J., Hart, Griffen, and Neal, JJ., would deny without prejudice. See Ark. R. Civ. P. 64(b).
CA04-957. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit. Appellant's motion for additional brief time is granted.
CA04-965. Thomas McQueen Brown v. Debra K. Brown, from Pulaski Circuit, Sixteenth Division. Appellant's motion for additional time to add citations to brief is granted.
CA04-1012. Sandy Souvannasane v. George (Siamphone) Vannavong, from Sebastian Circuit, Fort Smith District. Motion of Mark Horoda to withdraw as counsel for appellee is denied without prejudice. See Ark. R. Civ. P. 64(b). Bird, Glover, Vaught, and Crabtree, JJ., would grant. Appellee's brief due March 4, 2005.
CA04-1051. Bonnie Hendrickson v. William Rylie et ux., from Monroe Circuit. Appellant's motion for additional brief time is granted. Brief filed this date.
CA04-1116. Woodrow Swaim v. Wal-Mart Associates, Inc., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to set separate briefing schedule is granted.
CA04-1139. Rita Marjorie Cerniglia et al. v. Frank Cerniglia, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted.
CA04-1160. Margareta Edwards Young v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted.
CA04-1163. Miller Brewing Company v. Ed Roleson, Jr., Inc., from Crittenden Circuit. Appellant's motion to supplement the record is granted.
CA04-1302. Rebecca Clem v. The Estate of Annie Ree Hopkins, from Miller Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.
CA05-49. Pulaski Association of Support Staff et al. v. Pulaski County Special School District, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted. Bird and Neal, JJ., would deny. Griffen, J., not participating.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA04-184. Bruce Long et al. v. Jack Bonds et al., from Searcy Circuit.
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CACR03-27. Melony Nazaretta and Melissa DeBate v. State of Arkansas, from Van Buren Circuit. Motion of David L. Dunagin for attorney's fees.
CACR03-471. Roy Lee Wallace v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes for attorney's fees.
CACR04-790. Jerry Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for additional brief time.
CACR04-924. Willis Porchia v. State of Arkansas, from Union Circuit. Appellant's motion for additional brief time.
CACR04-1005. Gary Stotts v. State of Arkansas, from Lonoke Circuit. Appellant's motion for additional brief time.
CACR04-1146. Charnaley L. Marshall v. State of Arkansas, from Clark Circuit. Appellant's motion to extend time to file belated brief.
CACR04-1197. Darren Keith Helms v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.
CACR04-1220. Antonio Norris Yancy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to consolidate the record.
CA04-690. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Appellant's motion for simultaneous submission of CA04-690 and CA04-942.
CA04-814. Michael J. Sisson v. Stacey L. Sisson (now Cousar), from Pope Circuit. Appellant's motion for oral argument.
CA04-871. Candace Goad Bray v. Jeffery Allen Goad, from Lincoln Circuit. Appellee's motion for additional brief time.
CA04-936. Gary Barth v. Shannon Barth Carson, from Garland Circuit. Appellant's motion for additional brief time.
CA04-1355. Susan A. Ver Weire v. CNA Financial Corporation, from Washington Circuit. Appellant's motion to correct the record and stay appeal.
SUBMISSIONS
CA04-412. Jacquelyn S. Karschner v. Rusty L. Karschner, from Jackson Circuit. Argued orally.
CACR03-903. Kenyon Lekiel Glenn v. State of Arkansas, from Desha Circuit, Arkansas City District.
CACR03-1078. Kevin Warnell Green and Jacquoree Lamar Lincoln v. State of Arkansas, from Drew Circuit.
CACR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR04-140. Albert O. Wilson v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR04-193. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR04-257. Timothy Dale Summers v. State of Arkansas, from Marion Circuit.
CACR04-364. Joseph Sherman v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR04-561. Melvin Wayne Autrey v. State of Arkansas, from Crawford Circuit.
CA04-414. Eddie Partridge et ux. v. Lochridge Mobile Homes, Inc. et al., from Faulkner Circuit.
CA04-426. Janice Jones v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division.
CA04-468. Unum Life Insurance Company of America v. Frances Edwards, from Pulaski Circuit, Third Division.
CA04-569. Charles Van Flaherty v. Rhonda Flaherty, from Columbia Circuit.
CA04-579. Arkansas State Highway Commission v. Jessie H. Reginelli, from Crittenden Circuit.
CA04-609. ESI Group, Inc. and Rod A. Ford v. Denny Brown et ux., from Washington Circuit.
CA04-618. Dollarway School District et al. v. Barbara Lovelace, from Workers' Compensation Commission.
CA04-688. Floyd Carroll Evans v. Catherine Tillery, from Carroll Circuit, Western District.
CA04-699. David Jessup v. Jeannie Jessup, from Arkansas Circuit, Southern District.
CA04-708. Kay Jarrell v. Stant Manufacturing, from Workers' Compensation Commission.
CA04-721. Stephanie A. Purvis v. Joseph G. Purvis, from Pulaski Circuit, Fourteenth Division.
CA04-727. Thomas Maupin v. Pulaski County Sheriff's Office et al., from Workers' Compensation Commission.
CA04-764. Magnet Cove School District et al. v. Oneta Henderson and Second Injury Fund, from Workers' Compensation Commission.
CA04-841. Gregory Conrad v. Joseph Michael Kiser, from Crittenden Circuit.
CA04-893. Ann Fisher v. Arkansas Department of Human Services et al., from Pulaski Circuit, Tenth Division.
The following cases are appeals from the Arkansas Board of Review.
E04-329. Ellen P. Caldwell v. Director et al.
E04-330. Andre O. Jackson v. Director et al.
E04-331. Alicia M. Caldwell v. Director et al.
E04-333. Nancy Myers v. Director et al.
E04-334. Stephen C. Riggan v. Director et al.
E04-335. Sondra R. Stewart v. Director et al.
E04-336. Willie Peterson v. Director et al.
E04-337. Cleta C. Burrow v. Director et al.
E04-338. John D. James v. Director et al.
E04-339. Eugene R. Ford v. Director et al.
E04-341. Emma J. Webb v. Director et al.
E04-342. Edward L. Smith v. Director et al.