Opinions delivered
February 9, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR02-1058. Anthony C. Malone v. State of Arkansas, from White Circuit. Reversed and Remanded. Glover and Baker, JJ, agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA04-757. Bella Vista POA v. Troy Hamilton, from Workers' Compensation Commission. Affirmed. Glover and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR03-1234. Alvin Akins v. State of Arkansas, from Jefferson Circuit. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR03-1355. Jimmy Douglas Jefferson v. State of Arkansas, from Mississippi Circuit. Reversed and Remanded. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1455. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR04-74. Mary Hiang and Conzuella Terrell v. State of Arkansas, from Crawford Circuit. Dismissed. Robbins and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA03-1467. Bernice Marks v. London Hampton, Jr., from Jefferson Circuit. Affirmed. Robbins and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA04-190. Tammy Throckmorton v. Olen Wayne Throckmorton, from White Circuit. Affirmed. Gladwin and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR04-163. Daniel John Paluch v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hart and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-512. Clark Etheredge v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman, C.J., and Neal, Crabtree, and Roaf, JJ., agree. Griffen, J., dissents. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA04-389. Tamika Tyler v. Arkansas Department of Human Services, from Jefferson Circuit. Affirmed. Hart and Roaf, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR04-119. Ruby Jean Matney v. State of Arkansas, from Stone Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-353. Jeff and Tammy Barringer v. Eugene and Connie Hall, from Washington Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
CA04-487. Hugh Brown v. Richard A. Wyatt and Arkansas Women's Center, from Pulaski Circuit. Affirmed. Vaught, J., agrees. Crabtree, J., concurs. (8 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CACR04-223. Jason Walsh v. State of Arkansas, from Washington Circuit. Affirmed. Pittman, C.J., and Baker, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-393. Melissa Lee West v. James Edward West, from Hempstead Circuit. Rebriefing Ordered. Pittman, C.J., and Baker, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-231. Phillip Parker v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Gladwin and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-571. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Affirmed. Gladwin and Robbins, JJ., agree. Substituted opinion on grant of petition for rehearing; reversed and remanded June 1, 2005; appears in syllabus that date. (7 PAGES + 1-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR03-1436. Marco Adolpho Gonzalez v. State of Arkansas, from Washington Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-547. Martha Belle Gosa v. Nu-Way Products Company and Zenith Insurance Company, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-613. L.W. v. State of Arkansas, from Washington Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR04-388. Gary John Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-581. Timothy Lee Littleton v. Winnie E. Albert-Littleton, from Phillips Circuit. Dismissed. Griffen and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA04-488. Lillie Taylor v. Producers Rice Mill, Inc. and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Pittman, C.J., and Glover, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA04-586. Southwire Specialty Production, Inc. and Old Republic Insurance Company v. Anthony Lackey, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Glover, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR04-624. Robert Dujuan Loggins v. State of Arkansas, from Union Circuit. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-678. City of Fort Smith, Arkansas v. Didicom Towers, Inc., from Sebastian Circuit. Rebriefing Ordered. Hart and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CA04-560. McDonald Mobile Homes, Inc. v. Bankamerica Housing Services, from Carroll 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).
E04-317. Campbell Poultry Installers v. Director et al.
E04-318. Margaret J. Wheeler v. Director et al.
E04-319. Bob U. Holloway v. Director et al.
E04-320. Carla A. Webb v. Director et al.
E04-321. Chuck Cosen v. Director et al.
E04-322. Kathryn L. McMasters v. Director et al.
E04-323. Cash & Sons LP Gas Co. Inc. v. Director et al.
E04-324. Ronald L. Huery v. Director et al.
E04-325. Ron Simmons v. Director et al.
E04-326. Beard-Breeding Painting Co., Inc. v. Director et al.
E04-327. JWM Carriers, LLC v. Director et al.
E04-328. Jeanne Hudgens v. Director et al.
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA04-184. Bruce Long et al. v. Jack Bonds et al., from Searcy Circuit. Baker, J., not participating.
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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 is granted. Allowed $1,000.00. Pittman, C.J., would deny without prejudice. See Ark. Sup. Ct. R. 6-6(c).
CACR03-471. Roy Lee Wallace v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes for attorney's fees is granted. Allowed $1,000.00.
CACR04-790. Jerry Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for additional brief time is granted. Bird, J., would make this the final extension. Griffen and Crabtree, JJ., would deny.
CACR04-924. Willis Porchia v. State of Arkansas, from Union Circuit. Appellant's motion for additional brief time is granted.
CACR04-926. Sheila Dianne Besly v. State of Arkansas, from Lonoke Circuit. Appellant's motion for writ of certiorari to complete the record and to stay brief time. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.
CACR04-1005. Gary Stotts v. State of Arkansas, from Lonoke Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would make this the final extension.
CACR04-1146. Charnaley L. Marshall v. State of Arkansas, from Clark Circuit. Appellant's motion to extend time to file belated brief is granted.
CACR04-1197. Darren Keath Helms v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.
CACR04-1220. Antonio Norris Yancy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to consolidate the record is granted. Crabtree, J., would deny.
CA04-690. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Appellant's motion for simultaneous submission of CA04-690 and CA04-942 is granted. Neal, J., not participating.
CA04-871. Candace Goad Bray v. Jeffery Allen Goad, from Lincoln Circuit. Appellee's motion for additional brief time is granted. Bird and Griffen, JJ., would make this the final extension. Crabtree, J., would deny.
CA04-936. Gary Barth v. Shannon Barth Carson, from Garland Circuit. Appellant's motion for additional brief time is granted for forty-five days. Final extension. Crabtree, J., would deny. Glover, J., not participating.
CA04-1096. Rita Rawles v. Arkansas Department of Human Services, from Sebastian Circuit, Greenwood District. Appellee's motion for compliance is denied. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR03-1322. Eric Wayne Ferguson v. State of Arkansas, from Pulaski Circuit, SeventhDivision. (Eric Wayne Ferguson)
CACR03-1322. Eric Wayne Ferguson v. State of Arkansas, from Pulaski Circuit, Seventh Division. (State of Arkansas)
CACR03-1433. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit.
CA04-543. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division.
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CACR04-397. Jessie Gamble v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Harvey Harris for attorney's fees.
CACR04-851. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to dismiss conviction.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to reverse order revoking probation.
CACR04-1396. Darrell Grisson v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file an enlarged brief.
CACR05-110. Billy Don Drummond v. State of Arkansas, from Crawford Circuit. Motion of the Arkansas Public Defender Commission to be relieved as co-counsel for appellant and for Ernie Witt to continue as counsel.
CA02-749. Richard Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Appellees' motion for costs.
CA03-1112. Cinnamon Valley Resort, Inc. et al. v. EMAC Enterprises, Inc., from Carroll Circuit, Western District. Appellee's motion for attorney's fees and costs.
CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion for additional brief time.
CA04-689. Betty Adams v. Arkansas Department of Human Services, from Chicot Circuit. Motion of James A. Hamilton for attorney's fees.
CA04-736. Jennifer French v. Arkansas Department of Human Services, from Van Buren Circuit. Appellee's motion to extend time to complete the record on remand.
CA04-955. Ann Wooley, Individually, and as Administratrix of the Estate of Raymond Wooley, Deceased v. Planter's Cotton Oil Mill, Inc. et al., from Jefferson Circuit. Appellant's motion for oral argument.
CA04-1306. Servewell Plumbing, LLC v. Summit Contractors, Inc. et al., from Pulaski Circuit, Twelfth Division. Appellant's motion to settle the record.
CA04-1336. State Farm Fire & Casualty Company v. Sadie Andrews, from Craighead Circuit, Western District. Appellant's motion to supplement the record.
CA04-1399. Gene Biggs v. Mike Boss et al., from Pulaski Circuit, Third Division. Appellant's motion to file an enlarged brief and to stay brief time.
CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Appellee's motion to dismiss appeal.
CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Appellant's motion to supplement the record and to stay briefing schedule.
CA05-25. Homer Otis Draper et ux. v. Conagra Foods, Inc., from Sharp Circuit. Appellants' motion to supplement the record.
CA05-118. Virginia A. Elder v. Alma L. Boyd a/k/a Alma L. Farmer, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to proceed in forma pauperis.
CA05-124. Charles McClelland v. Joel Murray, from Union Circuit. Appellant's motion to consolidate.
SUBMISSIONS
CA04-434. Helena Regional Medical Center v. Trina Wilson, from Phillips Circuit. Argued orally.
CACR04-295. Tommy L. Hilburn v. State of Arkansas, from Greene Circuit.
CACR04-315. Gary Crawford v. State of Arkansas, from Jackson Circuit.
CACR04-362. Nickolaus Hampton v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR04-406. Robert Burrell v. State of Arkansas, from Van Buren Circuit.
CACR04-556. Clifton Taylor v. State of Arkansas, from Pulaski Circuit, First Division.
CACR04-634. Jasper Lee Vick v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR04-667. Miles Thomason v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR04-692. Phillip Eugene Parmley v. State of Arkansas, from Garland Circuit.
CACR04-787. Thomas Kidwell v. State of Arkansas, from Polk Circuit.
CA03-177. Caroline M. Cone et al. v. Jeffery Smith et al., from Jefferson Circuit.
CA04-120. Dana McDaniel v. Four Hollands, Inc., from Sebastian Circuit, Greenwood District.
CA04-250. Pamela Morris v. Justin Keith Griffin, from Mississippi Circuit, Osceola District.
CA04-332. Reginald L. Pickney v. L. A. Darling Company et al., from Workers' Compensation Commission.
CA04-676. Methodist Nursing Home et al. v. Felicia Travis, from Workers' Compensation Commission.
CA04-709. Martha Wilson v. Mary Griffiths Schuman et al., from St. Francis Circuit.
CA04-724. Leon Mathis v. Ryan Hudson, from Pulaski Circuit, Second Division.
CA04-729. James G. Dodd, Jr. v. Sparks Regional Medical Center, from Crawford Circuit.
CA04-740. Bobbie Barnes v. Arkansas Department of Human Services, from Logan Circuit, Northern District.
CA04-756. William Dempsey v. Arkansas Electric Cooperative et al., from Workers' Compensation Commission.
CA04-778. Darrell Caudle v. Hatfield Lumber Company, from Workers' Compensation Commission.
CA04-942. Queen Levingston et al. v. Felicia Stovall et al., from Union Circuit.
CA04-951. Malcolm Holland v. Vicky Gracy, from St. Francis Circuit.
The following cases are appeals from the Arkansas Board of Review.
E04-161. Pamela Foushee v. Director et al.
E04-343. Renard R. Chrobak v. Director et al.
E04-344. Evelyn Millard v. Director et al.
E04-346. Floyd Cossey v. Director et al.
E04-347. Myia A. Morris v. Director et al.
E04-348. Tamera Allison v. Director et al.
E04-349. SMA Medicine & Nephrology Clinic v. Director et al.
E04-350. Darla R. Massey v. Director et al.
E04-351. Dolly M. Corter v. Director et al.
E04-352. Ronald G. Hall v. Director et al.
E04-353. Rhonda Burgess v. Director et al.
E04-354. Vornola Rogers v. Director et al.
E04-355. Marie A. Seaton v. Director et al.