Opinions delivered
February 3, 2005
DONALD L. CORBIN, JUSTICE:
04-215. FMC Corporation, Inc. and Agro Distribution, LLC v. Roy Helton, d/b/a Helton Farms; Joyce Clifton and Ricky Clifton, d/b/a Clifton Farms Joint Venture; Riddell Flying Service, Inc.; Gibbons Flying Service, Inc. and Roy Helton, d/b/a Helton Farms; Joyce Clifton and Ricky Clifton, d/b/a Clifton Farms Joint Venture v. Agro Distribution, LLC, and Land O'Lakes, Inc., from Phillips Circuit. Reversed and Remanded. Imber, J., concurs. (28 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
04-682. Kirby Arbaugh v. AG Processing, Inc. and Speciality Risk Services, from Arkansas Workers' Compensation Commission. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
BETTY C. DICKEY, JUSTICE:
CR04-902. State of Arkansas v. Roger Brooks, from Pulaski Circuit, Fifth Division. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]
04-770. Carey Wyatt and Patsy Wyatt v. Arkansas Game & Fish Commission, from Newton Circuit. Affirmed as Modified. Court of Appeals Reversed. (9 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
04-1085. Fred's, Inc. et al. v. Deborah Jefferson, from Workers' Compensation Commission.
05-14. Wendell Campbell v. Entergy Arkansas, Inc., from Arkansas Circuit, Northern District.
05-16. Waste Management and Transportation Insurance Company v. Jack Estridge, from Workers' Compensation Commission.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR04-1388. Theodis Kelly v. State of Arkansas, from Phillips Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
04-1121. May Morgan v. Farm Bureau Mutual Insurance Company of Arkansas, from Faulkner Circuit. Glaze, J., not participating.
04-1353. Daniel Morales v. Hector Martinez et al., from Workers' Compensation Commission.
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04-1306. Servewell Plumbing, LLC v. Summit Contractors, Inc. et al., from Pulaski Circuit, Twelfth Division. Motion for rule on clerk granted. Petition for writ of certiorari to complete the record moot. Motion to supplement the record granted. See per curiam this date. Imber, J., concurs. (4 PAGES + 5-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion to dismiss appeal is denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
05-41. Thomas C. Kelly, M.D. v. Honorable Paul E. Danielson, Judge, from Logan Circuit, Northern District. Petition for writ of prohibition granted. Gunter, J., not participating.
CR04-902. State of Arkansas v. Roger Brooks, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is denied. See opinion this date.
CR04-1315. Michael L. Venn v. State of Arkansas, from Benton Circuit. Petition for
writ of certiorari to complete the record. Granted 30 days; final extension.
CR04-1320. Arthur E. Dickerson a/k/a Bolden v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw granted; substitute counsel appointed. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
02-712. Michael Anthony Price v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellee's motion to dismiss appeal is granted.
05-79. Lori A. Mosby v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Petition for writ ofmandamus is denied.
CA03-300. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Motion for attorney's fees. Granted $400.00.
CA04-722. Jabree Montrey Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division. Findings of fact on question of attorney error. No attorney error.
05-89. In Re: Judith A. De Simone, Arkansas Bar ID No. 81047. Petition for voluntary surrender of law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
04-1091. Shane Calaway v. Barbara Dickson, from Union Circuit. Rebriefing ordered. See per curiam. (Proceedings of January 31, 2005) [HTML, WP5.1]
CA04-961. Monica Lacy and Jackie Lacy v. Flake & Kelley Management, Inc. et al., from Pulaski Circuit, Second Division. Appellants' motion to transfer to Supreme Court is granted. (Proceedings of January 31, 2005)
CR04-432. Robert L. Hunter, Jr. v. State of Arkansas, from Garland Circuit. Pro se motion for extension of time to file substituted brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-460. Joy Danielle Doss v. State of Arkansas, from Washington Circuit. Pro se motion for duplication of appellant's brief at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-723. Stanley Ellison v. State of Arkansas, from Crawford Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted; final extension. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR04-1100. Charles D. Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to file belated brief and motion for oral argument. Motion to file belated brief granted (appeal limited to grounds for issuance of a writ of error coram nobis only); motion for oral argument denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1208. Arthur Lamon Joyner v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion and amended motion for reconsideration of motion and amended motion for belated appeal of judgment. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1320. Arthur E. Dickerson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CR04-573. Marrio Terrell Dednam v. State of Arkansas, from Pulaski Circuit, Fifth Division.
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PETITIONS FOR REVIEW:
CR05-68. Sherman Winters, Jr. and Deanna Winters v. State of Arkansas, from Poinsett Circuit.
05-12. J.D. & Billy Hines Trucking, Inc. et al. v. Danny Hebert, from Workers' Compensation Commission.
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CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion to certify to the Supreme Court.
CR04-1227. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.
CR04-1228. Onald L. Gilliam v. State of Arkansas, from Howard Circuit. Appellee's motion to dismiss appeal.
CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Motion for reconsideration.
CR05-64. Raye Lynn Harrison v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk.
CR05-93. Cindy Chacon v. Honorable Michael J. Medlock, Judge, from Crawford Circuit. Petition for writ of prohibition.
04-734. Ouachita Railroad, Inc. v. Circuit Court of Union County, Second Division, from Union Circuit. Motion to reschedule oral argument.
04-961. Monica Lacy and Jackie Lacy v. Flake & Kelley Management, Inc. et al., from Pulaski Circuit, Second Division. Motion of appellee, Flake & Kelley Management, Inc., to dismiss appeal.
04-961. Monica Lacy and Jackie Lacy v. Flake & Kelley 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.
04-961. Monica Lacy and Jackie Lacy v. Flake & Kelley Management, Inc. et al., from Pulaski Circuit, Second Division. Appellants' motion to stay appellate proceedings.
04-1184. Arkansas Department of Human Services v. Charlie Von Garrett et ux., from Independence Circuit. Appellant's motion to dismiss appeal.
05-13. Oscar Stilley v. University of Arkansas Fort Smith et al., from Sebastian Circuit, Fort Smith District. Appellee, University of Arkansas Fort Smith's motion to dismiss appeal.
05-97. Patricia Stone, Administratrix v. Honorable James M. Moody, Judge, from Pulaski Circuit, Third Division. Motion to expedite and petition for writ of mandamus.
SUBMISSIONS
04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Argued orally.
04-230. Stacey L. Poindexter (Now McVey) v. Ryan M. Poindexter, from Garland Circuit.
04-862. Southern College of Naturopathy et al. v. State of Arkansas, from Pulaski Circuit, Seventh Division.
04-1065. Shawn Hickman v. Chester J. Courtney, from Ashley Circuit.
04-1148. Kathryn Nelms v. State of Arkansas, from Washington Circuit.