Opinions delivered
March 2, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR03-1167. Kevin Deon Johnson v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-677. Sherry Parker and Sherry Crow v. Raymond Johnson and Loree Johnson, from Union Circuit. Reversed and Remanded. Glover and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA04-695. Margie Roxanna Jones v. Darrell Coker, Ray Tipton, and Farm Bureau Mutual Insurance Co. of Ark., Inc., from Little River Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA04-401. Timothy Tucker Coleman, et al. and Marvin D. Thaxton, Trustee Under the Last Will and Testament of Cora A. Moore, Deceased v. Regions Bank and KARK-TV, Inc., from Pulaski Circuit. Affirmed. Glover and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-912. Mark Livingston v. State of Arkansas, from Ouachita Circuit. Affirmed; Motion to Withdraw Granted. Glover and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR03-1410. David Franklin Harness, James Lynn Carson and Danny Amon Lewis v. State of Arkansas, from Stone Circuit. Affirmed. Robbins and Neal, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-600. Tommy Fraley v. State of Arkansas, from Benton Circuit. Affirmed. Pittman, C.J., and Vaught, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR04-810. Lance Whitley Brock v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Griffen and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR03-801. Rico Hampton v. State of Arkansas, from Bradley Circuit. Affirmed. Pittman, C.J., Crabtree, and Roaf, JJ., agree. Griffen and Neal, JJ., dissent. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CACR04-282. Albert Levon Burton v. State of Arkansas, from Arkansas Circuit, Southern District. Affirmed. Crabtree and Baker, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR04-415. Clarence Lagrone v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught, J., agrees. Crabtree, J., concurs. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA04-299. Howell Pippin, Jr. v. Houston General Insurance Company, from the Arkansas Workers' Compensation Commission. Affirmed. Robbins, J., agrees. Roaf, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CA04-778. Darrell Caudle v. Hatfield Lumber Company and LMA - Arkansas, from the Arkansas Workers' Compensation Commission. Affirmed. Hart and Neal, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-472. Gary Lee Wise v. State of Arkansas, from Saline Circuit. Affirmed. Hart and Glover, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-702. William Brent Graham v. Jenkins Engineering, Inc., from the Arkansas Workers' Compensation Commission. Affirmed. Hart and Glover, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR04-525. Edward K. Loveless v. State of Arkansas, from Pope Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR03-532. Wendell Gaddy v. State of Arkansas, from Jefferson Circuit. Rebriefing Ordered. Bird and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-729. James G. Dodd, Jr., Administrator of the Estate of Stacy Lynn Dodd, Deceased v. Sparks Regional Medical Center, Holt-Krock Clinic PLC, Dr. Joe Dorzab, and Dr. Sally Goforth, from Crawford Circuit. Affirmed. Bird, J., agrees. Baker, J., concurs. (10 PAGES PUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR04-692. Phillip Eugene Parmley v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR04-590. Larry Don Foster v. State of Arkansas, from Drew Circuit. Affirmed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-577. Barbara A. Miller v. Georgia-Pacific Plywood and Second Injury Fund, from the Arkansas Workers' Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. (8 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).
E04-356. 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.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA03-1229. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit.
CA04-366. City of Fort Smith v. Pense Enterprises, R.M.E. Land Corporation, Bank of New York, Chase Manhattan Bank and Donnell Reid, Trustee, from Crawford Circuit.
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CACR03-1078. Kevin W. Green v. State of Arkansas, from Drew Circuit. Motion of Gayle D. Zimmerman for attorney's fees is granted. Allowed $1,000.00.
CACR04-163. Daniel John Paluch v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Mark Horoda for attorney's fees is granted. Allowed $1,000.00.
CACR04-257. Timothy Dale Summers v. State of Arkansas, from Marion Circuit. Motion of David O. Bowden for attorney's fees is granted. Allowed $1,000.00.
CACR04-354. Michael R. Keisler v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $1,000.00.
CACR04-624. Robert DeJuan Loggins v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR04-948. Raymond Earl Sehorn v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is granted. Pittman, C.J., would deny and order appellant's attorney to file a brief.
CACR04-1146. Charnaley L. Marshall v. State of Arkansas, from Clark Circuit. Appellant's motion for extension of time to file belated brief is granted.
CACR04-1158. Harold Goffin v. State of Arkansas, from Drew Circuit. Appellant's motion to file belated reply brief is granted.
CACR04-1239. Randal C. Sain v. State of Arkansas, from Garland Circuit. Motion of John Wesley Hall, Jr., to be relieved as counsel for appellant is granted.
CACR04-1239. Randal C. Sain v. State of Arkansas, from Garland Circuit. Motion of Lea Ellen Fowler to be substituted as counsel for appellant is granted.
CACR04-1262. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to set aside judgment is denied.
CACR05-180. Alfonzo Hendrix v. State of Arkansas, from Nevada Circuit. Motion of Danny P. Rodgers, Public Defender, to withdraw and for substitution of Darrell F. Brown as counsel for appellant is granted.
CA04-70. Clifford Castor v. Southfork Café et al., from Workers' Compensation Commission. Appellant's motion for oral argument is denied.
CA04-272. The Estate of Ross Earl Taylor, Deceased et al. v. Billie Maxine Taylor, from Clark Circuit. Joint motion to dismiss appeal is granted.
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 is denied. See opinion this date.
CA04-733. Rolene Norton et al. v. Arkansas Department of Human Services, from Johnson Circuit. Appellee's motion to extend time to supplement the record is granted.
CA04-957. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit. Appellant's pro se motion for additional brief time is granted. Brief due March 9, 2005. Bird and Vaught, JJ., would make this the final extension. Griffen and Crabtree, JJ., would deny.
CA04-1032. Jim Evans v. Arkansas Department of Human Services, from Saline Circuit. Motion of Attorney Ad Litem to file belated brief and for brief time is granted. Brief due April 1, 2005.
CA04-1263. Guy Bobo et ux. v. David W. Jones et al., from Hempstead Circuit. Appellants' motion to supplement the record is remanded to the trial court to settle the record within thirty days. Appellees' brief due thirty days thereafter.
CA04-1302. Rebecca Clem v. The Estate of Annie Ree Hopkins, from Miller Circuit. Appellee's motion to supplement the record is remanded to the trial court to settle the record within thirty days. Appellee's brief due thirty days thereafter.
CA04-1336. State Farm Fire & Casualty Company v. Sadie Andrews, from Craighead Circuit, Western District. Motion of Wells Fargo Home Mortgage to file an amicus curiae brief is granted. Gladwin and Neal, JJ., would deny.
CA05-17. H. G. Davis v. C. D. Holloway, from Faulkner Circuit. Appellant's pro se motion to file nonconforming brief is denied.
CA05-42. Ruth Young v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief is denied. Appellant granted forty days to file conforming brief.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA04-571. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit.
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CACR03-1078. Jacquoree Lamar Lincoln v. State of Arkansas, from Drew Circuit. Motion of Christopher W. Hays for attorney's fees.
CACR03-1355. Jimmy Douglas Jefferson v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Kathie A. Kimbrell, Deputy Public Defender, for attorney's fees.
CACR04-128. Stanley Keith Orick v. State of Arkansas, from Greene Circuit. Motion of Terry Goodwin Jones for attorney's fees.
CACR04-315. Gary Crawford v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.
CACR04-590. Larry Don Foster v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees.
CACR04-692. Phillip Eugene Parmley v. State of Arkansas, from Garland Circuit. Motion of Ronald D. Kelsay for attorney's fees.
CACR04-914. Kathy Kay Wells and Rodney Edward Duton v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal
CACR04-1020. Robert Curtis Taylor v. State of Arkansas, from Drew Circuit. Appellant's motion to supplement the record.
CACR04-1020. Robert Curtis Taylor v. State of Arkansas, from Drew Circuit. Motion of Vaughn-Michael H. Cordes to withdraw as counsel for appellant.
CACR04-1127. Teresa Edwards v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.
CACR05-58. Nile Floyd v. State of Arkansas, from Izard Circuit. Motion of Bradley D. Sipe to withdraw as counsel for appellant.
CA03-177. John E. Kiesling, Jr., Caroline M. Cone and Carroll Cone v. Jeffery Smith andSandra Smith, from Jefferson Circuit. Appellee's motions for reimbursement of attorney's fees and expenses.
CA04-7. David R. Williams et al. v. Golf Cars of Arkansas, Inc., from Pulaski Circuit, Third Division. Appellant's pro se motion to include exhibits in reply brief.
CA04-591. Russell Lee v. Alcoa Extrusion, Inc. et al., from Workers' Compensation Commission. Appellant's motion to recall mandate.
CA05-11. Terry Ann Gibson v. Pat C. Gibson III, from Cleveland Circuit. Appellee's motion to dismiss appeal.
CA05-74. Dorothy Jean Rice et al. v. Paul Tanner et al., from St. Francis Circuit. Motion of separate appellee, J. Trent Beaton, to dismiss appeal.
SUBMISSIONS
CA04-648. Joseph Thomas v. Arkansas Department of Human Services, from Marion Circuit. Argued orally.
CACR04-572. Samuel Talley v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR04-632. Doyle Anthony Jones v. State of Arkansas, from Washington Circuit.
CACR04-652. Santonio O. Turner v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR04-710. Alan Ray Cluck v. State of Arkansas, from Crawford Circuit.
CACR04-713. Warren Bowman v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR04-863. David Carson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR04-899. Javon Sanders v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR04-907. Ashma A. Aaron v. State of Arkansas, from Union Circuit.
CACR04-918. Brandon Thomas v. State of Arkansas, from Jefferson Circuit.
CA03-1411. Cynthia A. Rogers v. Edmundo G. Rogers, from Benton Circuit.
CA04-671. Jeffrey Dean Brewer, et al. v. Marvin L. Poole, M.D., et al., from Scott Circuit.
CA04-722. Jabree Montrey Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA04-753. Laura Mayes v. Robert Massery et al., from White Circuit.
CA04-762. Howard Larry v. Grady School District, from Lincoln Circuit.
CA04-796. O. F. Duffield et ux.. v. Charles F. Duffield et ux., from Benton Circuit.
CA04-812. Nancy Stuart v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA04-813. Dennis Coggins v. City of Hoxie, Arkansas, from Lawrence Circuit.
CA04-861. Henry Hamilton v. Gregory Trucking, from Workers' Compensation Commission.
CA04-865. Mike Gaba v. Southern Refrigerated Transport, from Workers' Compensation Commission.
CA04-867. T & S Roofing v. Jeanie Kilgore, from Pulaski Circuit, Sixth Division.
CA04-908. Jaynnie Meadows v. Nancy E. Pryor, Inc., from Crawford Circuit.
CA04-967. William Keith Clark v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.
CA04-974. Tom Williams v. Willamette Industries, Inc., from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E04-369. Life In The Ozarks v. Director et al.
E04-371. Kenneth E. Welcher, Jr. v. Director et al.
E04-372. Kenneth E. Welcher, Jr. v. Director et al.
E04-373. Lavonne Rowland v. Director et al.
E04-374. Craig Palmer v. Director et al.
E04-375. Gloria A. Willis v. Director et al.
E04-376. Rick D. Abbott v. Director et al.
E04-378. Margie O. Anderson v. Director et al.
E04-379. James Hutchison v. Director et al.
E04-380. Mamie L. Wilson v. Director et al.
E04-381. Carl R. Garganeous v. Director et al.
E04-382. Walter L. Matthews v. Director et al.