ARKANSAS COURT OF APPEALS

Opinions delivered
March 9, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-942. Queen Levingston et al. v. Felicia Stovall et al., from Union Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA04-864. Raymond Hickson v. Southern Refrigerated Transport, from Workers' Compensation Commission. Reversed and Remanded. Glover and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-1427. Chad Gondolfi v. State of Arkansas, from Benton Circuit. Affirmed. Robbins and Neal, JJ., agree. (16 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-709. Martha Wilson v. Raymond Wayne Schuman, from St. Francis Circuit. Reversed. Pittman, C.J., and Vaught, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA04-874. Lavonda Icenhower v. DeQueen School District, Employer and Risk Management Resources, Carrier, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Vaught, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA04-398. Bervie Lawrence v. Delma Sullivan, from Lee Circuit. Reversed and Remanded. Bird, Vaught, and Roaf, JJ., agree. Gladwin and Neal, JJ., dissent. (5 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA04-820. C & W Asset Acquisition, LLC v. Jimmy Whittington and Sandy Whittington, from Washington Circuit. Reversed and Remanded. Griffen and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

E04-142. Peggy J. Lewis v. Director, Employment Security Department and Bank of America, from Board of Review. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Affirmed. Crabtree and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-376. North Little Rock School District v. Louene Lipsmeyer et al., from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-839. James Bradley v. Standard Register Company and Travelers Insurance, from Workers' Compensation Commission. Reversed and Remanded. Crabtree and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-140. Albert O. Wilson v. State of Arkansas, from Mississippi Circuit. Reversed and Dismissed. Robbins and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-743. Office of Child Support Enforcement v. Derwin Lee, from Chicot Circuit. Reversed and Remanded. Robbins and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR04-314. Tobias L. Harris v. State of Arkansas, from Little River Circuit. Affirmed. Hart and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-459. Michael Lainhart v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-527. Leroy Harvey Stevenson v. State of Arkansas, from Craighead Circuit. Affirmed. Hart and Glover, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-588. Johnifer Rolston v. State of Arkansas, from Chicot Circuit. Rebriefing Ordered. Pittman, C.J., and Gladwin, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-690. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Affirmed. Bird and Baker, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

CA04-886. Peggy Taylor, Administratrix of the Estate of Gladys Hamilton, Deceased v. Jimmy Don Hamilton and the Estate of Samuel Hamilton, Deceased, from Jefferson Circuit. Affirmed. Bird and Baker, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-570. Ray McBride, Sr. v. State of Arkansas, from Chicot Circuit. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-774. Raymond E. Green, III v. State of Arkansas, from Independence Circuit. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Affirmed. Bird and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CA03-1279. Donald Clayton Pyle v. Joyce Earlene Pyle, from Union Circuit. Dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-601. Dennis Grady and Jeanette Grady v. Thomas Fortenberry, from Perry Circuit. Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CA03-1112. Cinnamon Valley Resort, James Walsh, and Carolyn Walsh v. EMAC Enterprises, Inc., from Carroll Circuit, Western District.

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CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellant's motion to clarify Court's letter ruling is granted. See per curiam this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-881. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of William H. Craig for attorney's fees is granted. Allowed $850.00.

CACR03-1078. Jacquoree Lamar Lincoln v. State of Arkansas, from Drew Circuit. Motion of Christopher W. Hays for attorney's fees is granted. Allowed $1,000.00.

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 is granted. Allowed $1,000.00.

CACR04-128. Stanley Keith Orick v. State of Arkansas, from Greene Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR04-315. Gary Crawford v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $1,000.00.

CACR04-590. Larry Don Foster v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees is granted. Allowed $1,000.00.

CACR04-692. Phillip Eugene Parmley v. State of Arkansas, from Garland Circuit. Motion of Ronald D. Kelsay for attorney's fees is granted. Allowed $1,000.00.

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 is denied. Bird, J., not participating.

CACR04-914. Kathy Kay Wells and Rodney Edward Duton v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted. Bird, J., not participating.

CACR04-1127. Teresa Edwards v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record is granted.

CACR04-1323. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of The Center on Wrongful Convictions at Northwestern University School of Law's Bluhm Legal Clinic to file amicus curiae brief in support of appellant is granted. Pittman, C.J., would deny.

CACR05-58. Nile Floyd v. State of Arkansas, from Izard Circuit. Motion of Bradley D. Sipe to withdraw as counsel for appellant is granted. Ms. Jennifer B. Wiggins is appointed to represent the appellant.

CA03-177. John E. Kiesling, Jr., Caroline M. Cone and Carroll Cone v. Jeffery Smith and Sandra Smith, from Jefferson Circuit. Appellees' motions for reimbursement of attorney's feesand expenses are denied.

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 is denied.

CA04-942/690. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit. Appellant's motion to supplement records is denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CA04-1402. Clyde Cox et ux. v. Clark Machinery Company, from Sevier Circuit. Appellee's motion to dismiss appeal is granted.

MOTIONS SUBMITTED

CACR04-193. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Kandice A. Bell for attorney's fees.

CACR04-282. Albert Levon Burton v. State of Arkansas, from Arkansas Circuit, Southern District. Motion of Charles D. Hancock for attorney's fees.

CACR04-406. Robert Burrell v. State of Arkansas, from Van Buren Circuit. Motion of Charles M. Duell for attorney's fees.

CACR04-525. Edward K. Loveless v. State of Arkansas, from Pope Circuit. Motion of Robert E. Irwin to be relieved as counsel for appellant and for attorney's fees.

CACR04-610. Bobby Lee Posey v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis.

CACR04-1001. Walter DeShazo v. State of Arkansas, from Sevier Circuit. Appellant's motion for additional brief time.

CA04-214. James Huey v. Sandra (Huey) Sheiron, from Drew Circuit. Appellant's motion for attorney's fees and costs.

CA04-871. Candace Goad Bray v. Jeffery Allen Goad et al., from Lincoln Circuit. Motion of appellee/intervenor, Jimmy Don Norrell, to file belated brief.

CA04-1203. Samuel Snowden v. Poulan/Weedeater, from Workers' Compensation Commission. Appellant's pro se motion to file belated brief.

CA04-1213. Scipio Johnson v. Bonds Fertilizer, Inc. et al., from Workers' CompensationCommission. Appellant's petition for writ of certiorari to complete the record, to stay brief time and for additional time to file brief.

CA04-1253. Tonya Nelms v. Dr. Kenneth Martin, from Drew Circuit. Appellant's motion for additional brief time.

CA05-61. Kathy Swanner v. Haworth, Inc., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief and for brief time.

CA05-157. Dianna Larsen v. Family Dollar Stores of Arkansas, Inc., from Crittenden Circuit. Appellant's motion to supplement the record and to stay brief time.

SUBMISSIONS

CACR04-179. Irene L. Waddle v. State of Arkansas, from Scott Circuit.

CACR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit.

CACR04-407. Timothy Edwards v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-453. Eric M. Wade and Kimberly A. Wade v. State of Arkansas, from Union Circuit.

CACR04-501. Kathleen DeChant v. State of Arkansas, from Washington Circuit.

CACR04-693. Michael Washington v. State of Arkansas, from Phillips Circuit.

CACR04-775. George Jones v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR04-883. Ronald P. Syrock v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR04-894. William C. Moore v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR04-917. Tony M. Mata v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR04-949. Elmira Howard v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-979. Nicholas Montrell Luster v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA03-1149. Carl Cisco v. Jerry King, from St. Francis Circuit.

CA04-251. James E. Morehouse v. Lori Morehouse Lawson, from Craighead Circuit, Western District.

CA04-489. Stephanie Spivey et al. v. Arkansas Department of Human Services, from Independence Circuit.

CA04-557. Manuel Bail Bond Company, Inc. v. State of Arkansas, from Ouachita Circuit.

CA04-758. Cecil Payton v. Robert E. Blake et al., from Crawford Circuit.

CA04-806. Dezoray Gailey v. Allstate Insurance et al., from Craighead Circuit, Western District.

CA04-842. Jones Brothers, Inc. v. Leslie A. Keeter, from Workers' Compensation Commission.

CA04-890. Hays Grocery Store v. Linda Arnold, from Phillips Circuit.

CA04-921. Cloverleaf Express et al. v. Lyle Fouts, from Workers' Compensation Commission.

CA04-988. Arkansas Methodist Hospital v. Sandra Hampton, from Workers' Compensation Commission.

CA04-1008. Second Injury Fund v. Sedgewick James of Arkansas et al., from Workers' Compensation Commission.

CA04-1067. St. Edward Mercy Medical Center et al. v. Sondra O. Clark, from Workers' Compensation Commission.