JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-648. Joseph Thomas v. Arkansas Department of Human Services et al., from Marion Circuit. Affirmed. Robbins and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA04-1104. Hot Springs Bail Bond v. State of Arkansas, from Garland Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

E04-230. Southland Metals, Inc. v. Director, Arkansas Employment Security Department and Tammy L. Alsup, from Board of Review. Affirmed. Pittman, C.J., and Vaught, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-775. Lester J. Bush and George E. Jones v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Pittman, C.J., Gladwin, Griffen, Neal and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CACR04-797. Danny Grupa v. State of Arkansas, from Saline Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-251. James Morehouse v. Lori Morehouse Lawson, from Craighead Circuit. Affirmed in Part; Reversed in Part. Pittman, C.J., and Neal, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA04-691. Riddell Flying Service v. Clarence Callahan et al., from Workers' Compensation Commission. Affirmed. Bird and Crabtree, JJ., agree. Baker and Roaf, JJ., concur. Griffen, J., dissents. (8 PAGES + 2-PAGE CONCURRENCE + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA04-1222. Joanna Michelle Smith Hatchett v. James Perry Smith, from Conway Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

E04-387. Rena A. Belcher v. Director, Employment Security Department and Tyson Poultry, from Board of Review. Reversed and Remanded. Pittman, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA04-859. James Young and Barry N. Young v. Keith Dickson, from Garland Circuit. Affirmed. Glover and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA04-726. Dana Witkowski v. Sandra Gennings, from Pulaski Circuit. Affirmed. Gladwin and Baker, JJ., agree. (16 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-906. Larry Jones v. BAE Systems, Inc., Zurich American Insurance and Pacific Employer Insurance, from Workers' Compensation Commission. Affirmed. Gladwin and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CA04-731. James L. Vanderburg and Sarah Vanderburg v. Allstate Insurance Company, from Crittenden Circuit. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-960. Jones Truck Lines and Transport Insurance Company v. Wilford Pendergrass, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA04-860. In the Matter of the Estate of Julia G. Denton, Deceased and Howard Jones et al. v. W.J. Garrich and Stephen Garrich, from Jackson Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-976. Logan County and AAC Risk Management Services v. Jimmy McDonald, from Workers' Compensation Commission. Affirmed. Robbins, J., agrees. Pittman, C.J., concurs. (12 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA04-935. Powhatan Cemetery Association v. Scotty Phillips, from Lawrence Circuit. Affirmed. Hart and Crabtree, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR04-195. Richard Alan Thomas v. State of Arkansas, from Faulkner Circuit. Rebriefing Ordered. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-446. Jerome Whipple v. State of Arkansas, from Garland Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-941. Patrick J. Powers v. Kathy A. Powers, from Washington Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-407. Timothy Edwards v. State of Arkansas, from Pulaski Circuit. Affirmed. Glover, J., agrees. Bird, J., concurs. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-833. Daron Barnett v. State of Arkansas, from Desha Circuit. Affirmed. Bird and Glover, JJ., agree. (5 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).

E04-383. Louweena Bonds v. Director et al.

E04-384. Contractors, Inc. v. Director et al.

E04-386. Jacquelyn T. Cole-McDonald v. Director et al.

E04-388. Contessa A. Harrison 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.

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

CACR03-1410. David Franklin Harness, James Lynn Carson and Danny Amon Lewis v. State of Arkansas, from Stone Circuit.

CACR03-1433. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. See substituted opinion this date. (9 PAGES PUBLISHED) [HTML, WP5.1]

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

CA03-1335. Ricky Wallace v. West Fraser South and American Manufacturers Mutual Insurance Company, from Workers' Compensation Commission. Pittman, C.J., Gladwin and Bird, JJ., would grant.

CA04-559. Southway Corporation and Newman McGee, Jr. v. Metropolitan Realty and Development Company, LLC, from Pulaski Circuit, Seventh Division. See substituted opinion this date. Baker, J., would grant. (13 PAGES PUBLISHED) [HTML, WP5.1]

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

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CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellant's motion to waive exhibit requirement is granted.

CACR04-313. Donald Simmons v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR04-472. Gary Lee Wise v. State of Arkansas, from Saline Circuit. Motion of Dustin D. Dyer for attorney's fees is granted. Allowed $1,000.00.

CACR04-527. Leroy Harvey Stevenson v. State of Arkansas, from Craighead Circuit, Western District. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR04-614. Rebecca Cleghorn v. State of Arkansas, from Ashley Circuit. Appellant's motion to reinstate appeal is granted.

CACR04-774. Raymond E. Green, II v. State of Arkansas, from Independence Circuit. Motion of Joseph C. Self for attorney's fees is granted. Allowed $1,000.00.

CACR04-894. William C. Moore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR04-917. Tony M. Mata v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR04-920. Micah Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time is granted. Griffen, J., would allow forty-five days.

CACR04-990. Jose Mendiola v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated brief is granted.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Motion of appointed counsel to withdraw motion to supplement the record is granted. Motion to stay proceedings on motion to supplement the record is moot.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's motion to supplement the record. Moot. Supplemental record filed February 7, 2005, is stricken for lack of an order of the trial court or other certification.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Motion of appointed counsel to withdraw appellant's motion to dismiss appeal is granted. Motion to stay proceedings on motion to dismiss is moot.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to dismiss appeal. Moot.

CACR04-1146. Charnaley Marshall v. State of Arkansas, from Clark Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would allow thirty days.

CACR04-1220. Antonio Yancy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to supplement the record and for brief time is granted.

CACR04-1327. Don C. Carter v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's pro se motion to file substituted brief is granted. Brief due within fifteen days.

CACR04-1339. Gary Ray Davis v. State of Arkansas, from Washington Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would allow thirty days.

CA04-374. Josephine Barry Rogers v. Doyle "Rog" Rogers, Jr., from Pulaski Circuit, Seventeenth Division. Appellant's motion to amend/supplement brief is granted.

CA04-559. Southway Corporation and Newman McGee, Jr. v. Metropolitan Realty and Development Company, LLC, from Pulaski Circuit, Seventh Division. Appellee's motion to amend order granting stay of enforcement pending appeal or, in the alternative, order to supplement or replace bond to preserve judgment is denied without prejudice to file motion with the Arkansas Supreme Court.

CA04-675. Amy Williams v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $800.00.

CA04-676. Methodist Nursing Home et al. v. Felicia Travis, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA04-722. Jabree Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CA04-736. Jennifer French v. Arkansas Department of Human Services, from Van Buren Circuit. Appellee's motion to supplement the record is granted.

CA04-884. Samuel Evans v. Benita Evans, from Pulaski Circuit, Fourteenth Division. Appellant's motion to amend brief is granted.

CA04-940. Alciun C. Wiederkehr et al. v. Thomas Timmerman et al., from Franklin Circuit, Northern District. Appellants' motion to amend brief and addendum is granted.

CA04-955. Ann Wooley v. Planter's Cotton Oil Mill, Inc. et al., from Jefferson Circuit. Appellant's motion to amend addendum is granted.

CA04-996. Jane Chitwood v. Gordon Chitwood, from Benton Circuit. Appellant's motion to amend brief is granted.

CA04-1193. Rebecca Chandler v. The Arkansas Appraiser Licensing and Certification Board, from Pulaski Circuit, Third Division. Appellant's motion to file corrected and belated brief and for brief time is granted.

CA04-1213. Scipio Johnson v. Bonds Fertilizer, Inc. et al., from Workers' Compensation Commission. Appellant's petition for writ of certiorari to complete the record, to stay brief time and for additional time to file brief is granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1292. Brant Spaulding v. Regina Spaulding, from Pulaski Circuit, Fifteenth Division. Appellant's motion for additional brief time is granted. Griffen, J., would allow thirty days.

CA04-1302. Rebecca Clem v. Estate of Annie Ree Hopkins, from Miller Circuit. Appellant's motion to file reply brief with supplemental addendum is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Appellant's motion for extension of time to file supplemental record is granted.

CA05-9. Tom G. Clowers v. Arkansas Crime Information Center Supervisory Board, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated brief is granted.

CA05-22. Susie Bowling v. HMO Partners, Inc. d/b/a Health Advantage, from Craighead Circuit, Western District. Appellee's motion to compel compliance and to stay brief time is denied.

CA05-56. John Thomas Suskie v. Karli Suskie Saracini, from Jackson Circuit. Appellee's motion to strike and for brief time is granted. Brief due within thirty days. Griffen and Roaf, JJ., would remand to trial court to settle the record.

CA05-74. Dorothy Jean Rice et al. v. Paul Tanner et al., from St. Francis Circuit. Appellees' motion to dismiss appeal is denied. See opinion this date. Gladwin, Robbins, Neal, Vaught, Crabtree, and Baker, JJ., would grant. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

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 is denied. See opinion this date. Gladwin, Robbins, Neal, Vaught, Crabtree, and Baker, JJ., would grant.

CA05-275. Wilma Inez Starkey et al. v. Hot Spring County Rehabilitation, Inc. et al., from Hot Spring Circuit. Appellees' motion to dismiss appeal and motion to stay briefing schedule is granted. Griffen and Glover, JJ., not participating.

CA05-315. Rusty Escobedo v. Mark Nickita et ux., from Washington Circuit. Appellant's motion for expedited consideration is granted.

E05-62. Kesha J. Bledsoe v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

E05-64. Tonya M. Leonard v. Director et al., from Board of Review. Appellant's pro se motionto file belated appeal is denied.

E05-70. Jody L. Young v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR03-1427. Chad Gondolfi v. State of Arkansas, from Benton Circuit.

CA04-376. North Little Rock School District v. Louene Lipsmeyer et al., from Pulaski Circuit, Third Division.

CA04-867. T & S Roofing, Dondle Taylor, and Bruce Taylor v. Jeanie Kilgore, from Pulaski Circuit, Sixth Division.

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.

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CACR03-1234. Alvin Akins v. State of Arkansas, from Jefferson Circuit. Motion of DeeNita D. Moak for attorney's fees.

CACR04-768. Andre Crawford v. State of Arkansas, from Phillips Circuit. Appellant's motion to amend brief.

CACR04-907. Ashma Aaron v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees.

CACR05-241. Isaac Russell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for release on appeal bond.

CA04-70. Clifford Castor v. Southfork Cafe, from Workers' Compensation Commission. Appellant's motion for extension of time to supplement the addendum and to file an amended appellant's brief.

CA04-469. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Appellant's motion to supplement the record.

CA04-876. Jennifer Eakens v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion to amend brief to include notice of appeal in addendum.

CA04-897. Glen Bashaw et al. v. State of Arkansas, from Drew Circuit. Appellants' motion to amend brief.

CA04-1042. Dale Peterson et ux. v. Richard Wagner et ux., from Polk Circuit. Appellants' motion to amend brief.

CA04-1305. Columbia Mutual Insurance Company of Columbia, Missouri v. Lonnie Taylor, from Jackson Circuit. Appellant's motion to remand for final disposition by the trial court.

CA05-181. Andrew Baxter Low et al. v. Insurance Company of North America et al., from Pulaski Circuit, Second Division. Appellants' motion to complete the record and for brief time.

SUBMISSIONS

CA04-358. Angelia Hackelton v. Mark J. Malloy, M.D., from Monroe Circuit. Argued orally.

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit.

CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-456. Calvin Lamont Walker v. State of Arkansas, from Ashley Circuit.

CACR04-739. Sidney Harvey v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-794. Shawn Hardin Gore v. State of Arkansas, from Washington Circuit.

CACR04-844. Anthony Joseph Lytle v. State of Arkansas, from Union Circuit.

CACR04-856. Kimberly Michelle Hinton v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-875. Jimmy Alan Hester v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-1074. Fredrick Lee Whitfield v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA03-771. Rhonda Morris Smith v. Robert Newton Morris, from Pope Circuit.

CA04-498. Roy Cummings v. Norma Shults, from Crawford Circuit.

CA04-660. Murriel Seymour v. Estate of Floyd Ray Davis, Deceased, from Lonoke Circuit.

CA04-782. Jeffery Turner v. Arkansas Department of Human Services, from Johnson Circuit.

CA04-800. Ray Townsend Farms, Inc. v. Marjorie T. Smith, from Monroe Circuit.

CA04-869. Sandra Harmon v. Kroger, from Workers' Compensation Commission.

CA04-954. Grocery Supply Company v. Charlie Davis, Director, Arkansas Tobacco Control Board, from Pulaski Circuit, Second Division.

CA04-1002. Clarence Taylor v. Zenith Insurance Company, from Workers' Compensation Commission.

CA04-1019. Hazel Roach v. Dolgencorp, Inc., from Workers' Compensation Commission.

CA04-1039. Jared Smith v. Wendy Smith, from Bradley Circuit.

CA04-1057. John Slavin v. Plumbers & Steamfitters Local 29, from Sebastian Circuit, Greenwood District.

CA04-1068. St. Edward Mercy Medical Center v. Krista Jarvis, from Workers' Compensation Commission.

CA04-1251. Eric Lovette v. Michelle Annette Ward-Lovette, from Washington Circuit.

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

E04-216. Board of Trustees Univ. of Ark. v. Director et al.

E04-332. City of Warren v. Director et al.

E04-408. Robbie L. Burchfield v. Director et al.

E04-409. Sharon A. Patterson v. Director et al.

E04-410. Trans American Tire Co., Inc. v. Director et al.

E04-411. Julie C. Schaffner v. Director et. al.

E04-412. Julie C. Schaffner v. Director et al.

E04-413. Barbara G. Straschinske v. Director et al.

E04-414. Cindy Wiggs v. Director et al.

E04-415. Cindy Wiggs v. Director et al.

E04-416. Michael Bell v. Director et al.

E04-418. Jenny R. Brawley v. Director et al.

E04-419. Jerry Smith v. Director et al.