Opinions delivered
March 16, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR04-863. David Carson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Rebriefing Ordered. Robbins and Neal, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CACR04-877. Damine Lavelle Lewis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Gladwin and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-738. John Jiles, Jr. v. Union Planters Bank, from Crittenden Circuit. Reversed and Remanded. Gladwin and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR04-899. Javon Sanders v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-753. Laura Mayes v. Robert Massery, Anna Massery, Beatrice Barre, Catherine Lahmann, Deborah Minor, and Bart A. Barre, from White Circuit. Reversed and Remanded. Vaught and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR03-903. Kenyon Lekiel Glenn v. State of Arkansas, from Desha Circuit. Dismissed Without Prejudice. Pittman, C.J., and Vaught, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-907. Ashma Aaron v. State of Arkansas, from Union Circuit. Affirmed. Griffen and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-796. O.F. Duffield and Sue Ann Duffield v. Charles F. Duffield and Donna Duffield, from Benton Circuit. Reversed and Remanded. Griffen and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR04-918. Brandon Thomas v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-813. Dennis Coggins, John Stowers, and Connie Stowers v. City of Hoxie, Arkansas, from Lawrence Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA04-861. Henry Hamilton v. Gregory Trucking and Houston General Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Glover and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]
CA04-908. Jaynnie Meadows v. Nancy E. Pryor, Inc., from Crawford Circuit. Affirmed. Glover and Roaf, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR04-200. Roshonda Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]
CACR04-313. Donald Simmons v. State of Arkansas, from Clark Circuit. Reversed and Remanded. Robbins and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA04-974. Tom Williams v. Williamette Industries, from Workers' Compensation Commission. Reversed and Remanded. Gladwin and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CACR04-572. Samuel Talley v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-179. Irene Waddle v. State of Arkansas, from Scott Circuit. Rebriefing Ordered. Pittman, C.J., and Robbins, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-632. Doyle Anthony Jones v. State of Arkansas, from Washington Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-502. Anne Stouffer v. Kralicek Realty Company, from Sebastian Circuit. Affirmed. Hart and Glover, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR04-652. Santonio O. Turner v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-865. Mike Gaba v. Southern Refrigerated Transport and Liberty Insurance Company, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA04-867. T & S Roofing, Dondle Taylor, and Bruce Taylor v. Jeanie Kilgore, from Pulaski Circuit. Dismissed. Hart and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR04-713. Warren Bowman v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-435. Gina (Cook) Duke v. Mitchell Cook, from White Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR04-858. Joseph Thomas Willis v. State of Arkansas, from Clark Circuit. Affirmed. Robbins and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA04-674. Brian McCord and Debbie McCord v. Kenneth F. Ray and Linda K. Ray, from Independence Circuit. Affirmed. Robbins and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-722. Jabree Bryant v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Glover, JJ., agree. (6 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).
E04-369. 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.
PER CURIAM ORDERS
CACR04-193. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Kandice A. Bell for attorney's fees is granted. Allowed $1,000.00.
CACR04-282. Albert Levon Burton v. State of Arkansas, from Arkansas Circuit, Southern District. Motion of Charles D. Hancock for attorney's fees is granted. Allowed $1,000.00.
CACR04-406. Robert Burrell v. State of Arkansas, from Van Buren Circuit. Motion of Charles M. Duell for attorney's fees is granted. Allowed $1,000.00.
CACR04-525. Edward K. Loveless v. State of Arkansas, from Pope Circuit. Motion of Robert E. Irwin to be relieved as counsel for appellant is granted. Motion for attorney's fees is granted. Allowed 1,000.00.
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 is denied.
CACR04-1001. Walter DeShazo v. State of Arkansas, from Sevier Circuit. Appellant's motion for additional brief time is granted.
CACR04-1020. Robert Curtis Taylor v. State of Arkansas, from Drew Circuit. Motion of Vaughn-Michael H. Cordes to withdraw as counsel for appellant is granted. Mr. Daniel Becker is appointed to represent appellant. Brief due April 25, 2005.
CA04-214. James Huey v. Sandra (Huey) Sheiron, from Drew Circuit. Appellant's motion for attorney's fees is denied. Costs to be assessed on mandate.
CA04-591. Russell Lee v. Alcoa Extrusion, Inc. et al., from Workers' Compensation Commission. Appellant's motion to recall mandate is denied. Griffen, J., would grant.
CA04-670. Dan Allen v. International Paper Company, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted.
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 is granted.
CA04-1203. Samuel Snowden v. Poulan/Weedeater, from Workers' Compensation Commission. Appellant's pro se motion to file belated brief is granted. Brief due April 15, 2005. Griffen, J., not participating.
CA04-1253. Tonya Nelms v. Dr. Kenneth Martin, from Drew Circuit. Appellant's motion for additional brief time is granted.
CA05-61. Kathy Swanner v. Haworth, Inc., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief is denied. Motion for brief time is granted. Conforming brief due May 16, 2005.
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. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA04-342. Gregory F. Small and Brenda Small v. Craig Kulesa, from Garland Circuit.
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CACR03-801. Rico Hampton v. State of Arkansas, from Bradley Circuit. Motion of Christopher W. Hays for attorney's fees.
CACR04-140. Albert O. Wilson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Kathie A. Kimbrell for attorney fees.
CACR04-169. Eric Perkins v. State of Arkansas, from Yell Circuit, Southern District. Appellant's motion to accept belated tendered supplemental record.
CACR04-314. Tobias L. Harris v. State of Arkansas, from Little River Circuit. Motion of Alvin Schay for attorney's fees.
CACR04-926. Sheila Dianne Besly v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record.
CACR04-1136. Darrence Stewart v. State of Arkansas, from Jackson Circuit. Appellant's motion for additional brief time.
CACR04-1220. Antonio Yancy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to supplement the record and for brief time.
CACR04-1287. Jason Daniel Pruss v. State of Arkansas, from Lonoke Circuit. Appellant's motion to file belated supplemental record and for brief time.
CA04-253. Erica Suggs-Rendon v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion to amend brief.
CA04-912. Mark Livingston v. State of Arkansas, from Ouachita Circuit. Motion of Robert N. Jeffrey for attorney's fees.
CA04-984. Billie J. Greenlee v. Mazda American Credit, from Washington Circuit. Appellant's motion to supplement brief.
CA04-1302. Rebecca Clem v. The Estate of Annie Ree Hopkins, from Miller Circuit. Appellant's motion to file reply brief with supplemental addendum.
CA04-1305. Columbia Mutual Insurance Company of Columbia, Missouri v. Lonnie Taylor, from Jackson Circuit. Appellant's motion to complete the record and/or petition for writ of certiorari to complete the record.
CA04-1389. Superior Federal Bank, F.S.B. v. George S. Mackey et al., from Pulaski Circuit, Fifth Division. Appellees' motion for extension of time and for submission of a complete abstract and addendum.
CA05-19. John Hill, M.D. v. Anita Billups, from St. Francis Circuit. Appellee's motion to file belated brief.
CA05-62. Luciana Frazier v. Arkansas Department of Correction, from Workers' Compensation Commission. Appellant's pro se motion to supplement the record.
SUBMISSIONS
CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit.
CACR04-195. Richard Alan Thomas v. State of Arkansas, from Faulkner Circuit.
CACR04-446. Jerome Whipple v. State of Arkansas, from Garland Circuit.
CACR04-797. Danny Grupa v. State of Arkansas, from Saline Circuit.
CACR04-833. Daron Barnett v. State of Arkansas, from Desha Circuit, Arkansas City District.
CACR04-896. Janie Baker v. State of Arkansas, from Pulaski Circuit, First Division.
CACR04-977. Barry A. Ross v. State of Arkansas, from Pope Circuit.
CACR04-1037. John Scott v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CA04-54. Moore's Investment Company v. Mitchell, Williams, Selig, Gates & Woodyard, from Pulaski Circuit, Seventh Division.
CA04-392. Bobby L. Rush v. Barbara A. Bishop, from Perry Circuit.
CA04-492. Robert Phillips v. Alpharma, Inc., from Washington Circuit.
CA04-726. Dana Witkowski v. Sandra Gennings, from Pulaski Circuit, Twelfth Division.
CA04-731. James L. Vanderburg et ux. v. Allstate Insurance Company, from Crittenden Circuit.
CA04-859. James Young et al. v. Keith Dickson, from Garland Circuit.
CA04-860. Howard E. Jones v. W. J. Garrich et al., from Jackson Probate.
CA04-872. Kenneth McDonald v. Batesville Poultry Equipment, from Workers' Compensation Commission.
CA04-906. Larry Jones v. BAE Systems, Inc. et al., from Workers' Compensation Commission.
CA04-935. Powhatan Cemetery Association et al. v. Scotty Phillips, from Lawrence Circuit.
CA04-941. Patrick J. Powers v. Kathryn A. Powers, from Washington Circuit.
CA04-960. Jones Truck Lines v. Wilford Pendergrass, from Workers' Compensation Commission.
CA04-976. Logan County et al. v. Jimmy McDonald, from Workers' Compensation Commission.
CA04-1104. Hot Springs Bail Bond v. State of Arkansas, from Garland Circuit.
CA04-1172. Arkansas Department of Human Services v. Maxine McManus et al., from Calhoun Circuit.
CA04-1222. Joanna Michelle Smith Hatchett v. James Perry Smith, from Conway Circuit.
The following cases are appeals from the Arkansas Board of Review.
E04-383. Louweena Bonds v. Director et al.
E04-384. Contractors, Inc. v. Director et al.
E04-386. Jacquelyn T. Cole-McDonald v. Director et al.
E04-387. Rena Belcher v. Director et al.
E04-388. Contessa A. Harrison v. Director et al.
E04-389. Sanford Buchanan v. Director et al.
E04-390. Jonathan H. Meek v. Director et al.
E04-391. Peggy Y. McDaniel-Woods v. Director et al.
E04-392. Donna J. Young v. Director et al.
E04-393. Timothy P. Haga v. Director et al.
E04-394. James L. Smith v. Director et al.
E04-395. Carla Anita Coleman v. Director et al.