ARKANSAS COURT OF APPEALS

Opinions delivered
February 16, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-414. Eddie Partridge and Sherrie Partridge v. Lochridge Mobile Homes, Inc. et al., from Faulkner Circuit. Reversed and Remanded. Gladwin and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-727. Thomas Maupin v. Pulaski County Sheriff's Office et al., from Workers' Compensation Commission. Affirmed. Gladwin and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA04-764. Magnet Cove School District v. Oneta Henderson; Second Injury Fund, from Workers' Compensation Commission. Affirmed. Glover and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA04-609. ESI Group, Inc. and Rod Ford v. Denny and Susan Brown, from Washington Circuit. Affirmed. Pittman, C.J., and Vaught, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-1078. Kevin Warnell Green and Jacquoree Lamar Lincoln v. State of Arkansas, from Drew Circuit. Affirmed. Griffen and Roaf, JJ., agree. (20 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-50. Jose Ayala v. State of Arkansas, from Crawford Circuit. Affirmed. Gladwin, J., agrees. Neal, J., concurs. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA04-569. Charles Van Flaherty v. Rhonda Flaherty, from Columbia Circuit. Affirmed. Griffen and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA04-579. Arkansas State Highway Commission v. Jessie H. Reginelli, from Crittenden Circuit. Affirmed. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR04-193. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Hart and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

E04-336. Willie L. Peterson v. Director, Employment Security Department, from the Board of Review. Reversed and Dismissed. Hart and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-257. Timothy Dale Summers v. State of Arkansas, from Marion Circuit. Reversed and Remanded. Hart and Glover, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA04-721. Stephanie Purvis v. Joseph Purvis, from Pulaski Circuit. Reversed and Remanded. Hart and Glover, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-364. Joseph Sherman v. State of Arkansas, from Mississippi Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-412. Jacqueline S. Karschner v. Rusty L. Karschner, from Jackson Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA04-841. Gregory Conrad v. Joseph Michael Kaiser, from Crittenden Circuit. Affirmed. Bird and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-1335. Ricky Wallace v. West Fraser South and American Manufacturers Mutual Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Hart, Robbins, Crabtree, and Roaf, JJ., agree. Pittman, C.J., Gladwin, Bird, and Vaught, JJ., dissent. (6 PAGES + 3-PAGE DISSENT + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA04-893. Ann Fisher v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA04-708. Kay Jarrell v. Stant Manufacturing, Inc. and AIG Claim Service, Inc., from Workers' Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA04-1132. Colby James Verdier and Amanda Verdier v. Lynne Verdier and David Verdier, from Sebastian Circuit. Rebriefing Ordered. (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).

E04-329. 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.

E04-337. 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.

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

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 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. Pittman, C.J., Gladwin, Glover, and Vaught, JJ., would make this the final extension. Griffen and Crabtree, JJ., would deny. See dissenting opinion this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-694. Jerry Dean Grissom v. State of Arkansas, from Faulkner Circuit. Appellant's motion for immediate issuance of mandate is moot.

CACR04-851. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted. Griffen, J., would deny.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to dismiss conviction is passed until case is submitted.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to reverse order revoking probation is passed until case is submitted.

CACR04-1396. Darrell Grisson v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file an enlarged brief is granted. Pittman, C.J., Crabtree and Roaf, JJ., would deny without prejudice. See Ark. Sup. Ct. R. 4-3(e).

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 is granted.

CA02-749. Richard Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Appellees' motion for costs is granted. Allowed $500.00. Gladwin and Crabtree, JJ., would deny without prejudice.

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 is granted. Allowed $600.00 in fees and $42.48 in costs.

CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion for additional brief time is granted.

CA04-689. Betty Adams v. Arkansas Department of Human Services, from Chicot Circuit. Motion of James A. Hamilton for attorney's fees is granted. Allowed $1,000.00 in fees and $300.00 in costs. See Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003). Pittman, C.J., and Bird, J., would allow $1,500.00 in fees and $290.00 in costs.

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 is granted.

CA04-814. Michael J. Sisson v. Stacey L. Sisson (now Cousar), from Pope Circuit. Appellant's motion for oral argument is granted.

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 is granted. Griffen, J., not participating.

CA04-1306. Servewell Plumbing, LLC v. Summit Contractors, Inc. et al., from Pulaski Circuit, Twelfth Division. Appellant's motion to settle the record is granted. Record deemed supplemented.

CA04-1336. State Farm Fire & Casualty Company v. Sadie Andrews, from Craighead Circuit, Western District. Appellant's motion to supplement the record is granted.

CA04-1355. Susan A. Ver Weire v. CNA Financial Corporation, from Washington Circuit. Appellant's motion to correct the record and stay appeal is remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.

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 is granted. Pittman, C.J., Gladwin, Crabtree, and Roaf, JJ., would deny without prejudice. See Ark. Sup. Ct. R. 4-1(b).

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 is granted as to filing fee. Pittman, C.J., and Crabtree, J., would deny.

CA05-124. Charles McClelland v. Joel M. Murray, from Union Circuit. Appellant's motion to consolidate is granted.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA04-402. Andrea Shipman Kiddy v. Jason Shipman, from Union Circuit.

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CACR02-1058. Anthony C. Malone v. State of Arkansas, from White Circuit. Motion of David L. Dunagin for attorney's fees.

CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellant's motion to clarify Court's letter ruling.

CACR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Appellant's motion to substitute transcript.

CACR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Appellee's motion for stay, or in the alternative, motion for extension of brief time.

CACR04-2. Deanna Winters v. State of Arkansas, from Poinsett Circuit. Motion of Brenna J. Ryan for attorney's fees.

CACR04-152. Robert Archer v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Kami S. Wallace for attorney's fees.

CACR04-582. Richard Bell v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees.

CACR04-786. Jimmy Ross Welch v. State of Arkansas, from Clark Circuit. Appellant's motion to remand and to stay brief time.

CACR04-919. Myeshia Stevens v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to file substituted abstract, addendum, and brief.

CACR04-948. Raymond Earl Sehorn v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CACR04-1296. Charles Prichard v. State of Arkansas, from Miller Circuit. Appellant's motion to allow belated supplement to the record and to stay briefing schedule.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division. Appellants' pro se motion for additional time to comply with rebriefing order.

CA04-190. Tammy Throckmorton v. Olen Wayne Throckmorton, from White Circuit. Appellee's motion for attorney's fees.

CA04-401. Timothy Tucker Coleman et al. v. Regions Bank et al., from Pulaski Circuit, Fifth Division. Resubmission of motion of appellee, Regions Bank, to strike.

CA04-405. Garland Trice v. Trenton Trice, from Lee Circuit. Appellee's motion to file belated brief.

CA04-571. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Appellant's motion for costs.

CA04-831. Tatum Gangi v. Jody Edmonds, from Lincoln Circuit. Appellant's motion to file substituted abstract, addendum and brief.

CA04-909. Larry Shannon d/b/a Economy Wrecker Service v. Arkansas Towing and Recovery Board, from Pulaski Circuit, Second Division. Appellee's motion to file substituted brief.

CA04-1267. Workenh Berihun v. STS Holdings, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA04-1271. Kent Smith, D.V.M. v. Jimmy Winemiller, from Perry Circuit. Appellant's pro se motion to supplement the record and motion for time to correct brief.

CA05-112. Liberty Life Insurance Company v. Deborah McQueen, from Marion Circuit. Appellee's motion to dismiss appeal.

SUBMISSIONS

CA04-401. Timothy Tucker Coleman et al. v. Regions Bank et al., from Pulaski Circuit, Fifth Division. Argued orally.

CACR03-532. Wendell Keith Gaddy v. State of Arkansas, from Jefferson Circuit.

CACR03-1167. Kevin Deon Johnson v. State of Arkansas, from Crittenden Circuit.

CACR04-282. Albert Levon Burton v. State of Arkansas, from Arkansas Circuit, Southern District.

CACR04-459. Michael Lainhart v. State of Arkansas, from Garland Circuit.

CACR04-472. Gary Lee Wise v. State of Arkansas, from Saline Circuit.

CACR04-525. Edward K. Loveless v. State of Arkansas, from Pope Circuit.

CACR04-570. Ray McBride, Sr. v. State of Arkansas, from Chicot Circuit.

CACR04-590. Larry Don Foster v. State of Arkansas, from Drew Circuit.

CACR04-600. Tommy Fraley v. State of Arkansas, from Benton Circuit.

CACR04-810. Lance Whitley Brock v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit.

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit.

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit.

CA04-299. Howell Pippen, Jr. v. Howell Pippen, Jr. and Houston General Insurance Company, from Workers' Compensation Commission.

CA04-532. Shelby A. Ward III v. Teresa Gail Ward Doss, from Union Circuit.

CA04-577. Barbara A. Miller v. Georgia-Pacific Plywood, from Workers' Compensation Commission.

CA04-585. Barry White v. Baker Engineering et al., from Workers' Compensation Commission.

CA04-690. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit.

CA04-691. Riddell Flying Service et al. v. Clarence Callahan, from Workers' Compensation Commission.

CA04-695. Margie Roxanna Jones v. Darrell Wayne Coker et al., from Little River Circuit.

CA04-702. William Graham v. Jenkins Engineering, Inc., from Workers' Compensation Commission.

CA04-743. Office of Child Support Enforcement v. Derwin Lee, from Chicot Circuit.

CA04-912. Mark Livingston v. State of Arkansas, from Ouachita Circuit.

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

E04-356. Linda F. Russell v. Director et al.

E04-358. Danielle L. Simpson v. Director et al.

E04-359. Danielle L. Simpson v. Director et al.

E04-360. Emelie McDonald v. Director et al.

E04-361. Sammie E. McKee v. Director et al.

E04-362. Norris E. Friend v. Director et al.

E04-364. Charlotte Powers v. Director et al.

E04-365. Suzie R. Ridgley v. Director et al.

E04-366. Loyd E. Jones v. Director et al.

E04-367. Ramona C. Griesemer v. Director et al.

E04-368. Wendy M. Deeds v. Director et al.

E04-370. Kenneth E. Welcher, Jr. v. Director et al.