Opinions delivered
April 13, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA04-931. Frank Simmons v. Lawrence Davis, Jr., Individually and as Father and Next of Kin of Jasmine Davis, a Minor, from Phillips Circuit. Affirmed. Robbins and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR04-1004. Fred Moore v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Vaught and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-980. Naomi VanHoozer v. Kroger, from Workers' Compensation Commission. Affirmed. Vaught and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR04-1037. John Scott v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-404. Thurman A. Hobbs and Donna A. Hobbs v. Lotsip, Inc., from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR04-1129. Randall Leon Manor v. State of Arkansas, from White Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR04-275. Phillip E. Young v. State of Arkansas, from Garland Circuit. Affirmed. Baker and Roaf, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-872. Kenneth McDonald v. Batesville Poultry Equipment and Freemont Compensation Insurance, from Workers' Compensation Commission. Reversed and Remanded. Glover and Roaf, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]
CA04-998. Jim Clark and Dwayne Pasley v. Mary Vergie O'Brien, from White Circuit. Affirmed. Glover and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA04-967. William Keith Clark v. Arkansas Department of Human Services, from Pulaski Circuit. Reversed and Remanded. Hart, Vaught, Crabtree, and Baker, JJ., agree. Gladwin, J., dissents. (14 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CA04-1008. Second Injury Fund v. Sedgwick James of Arkansas, G. E. Railcar Repair, and Calvin Randle, from Workers' Compensation Commission. Rebriefing Ordered. Bird and Roaf, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-925. Marcus Young v. State of Arkansas, from Drew Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-541. Edward A. Kubisty v. Office of Child Support Enforcement, from Faulkner Circuit. Reversed and Remanded. Pittman, C.J., and Robbins, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR04-945. Charles Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-466. Brenda K. Covington, M.D. v. St. Vincent Infirmary Medical Center, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR04-985. Wilfred Joseph Vallien, Jr., v. State of Arkansas, from Sebastian Circuit. Rebriefing Ordered. Hart and Vaught, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CA04-898. Steve Buelow and Anderson-Frazier Insurance Agency, Inc. v. Kenneth Madlock, from Hempstead Circuit. Reversed and Dismissed. Hart and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR04-992. Richard Hancock v. State of Arkansas, from Monroe Circuit. Appeal Dismissed. Bird and Glover, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA04-392. Bobby L. Rush v. Barbara A. Bishop and Plummer's Flowers, from Perry Circuit. Affirmed. Bird and Glover, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-900. Tanya L. Boyd v. Brookshire Grocery Company and Second Injury Fund, from Workers' Compensation Commission. Affirmed. Bird and Glover, JJ., agree. (12 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).
E04-396. Krystal M. Smith v. Director et al.
E04-397. Justin O. Henry v. Director et al.
E04-398. Stephanie Osborne v. Director et al.
E04-399. Jessie L. Cruz v. Director et al.
E04-400. Cornethea M. Esaw v. Director et al.
E04-401. Cynthia A. Taylor v. Director et al.
E04-402. Emma J. Webb v. Director et al.
E04-403. Brandon C. Keys v. Director et al.
E04-404. Ronald Amos v. Director et al.
E04-405. Lois Taylor v. Director et al.
E04-406. Victor Evans v. Director et al.
E04-407. Lori L. Settle v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
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 is granted. Allowed $1,000.00.
CACR04-408. Larry Neal York v. State of Arkansas, from Van Buren Circuit. Appellee's motion to dismiss appeal is granted. Griffen, J., would remand to the trial court to settle the record.
CACR04-768. Andre Crawford v. State of Arkansas, from Phillips Circuit. Appellant's motion to amend brief is granted.
CACR04-907. Ashma Aaron v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR04-985. Wilfred Joseph Vallien, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to substitute amended brief is moot. See opinion this date.
CACR05-226. Heath L. Hobbs v. State of Arkansas, from Arkansas Circuit, Southern District. Motion of Bill Luppen to be relieved as counsel is denied. Leave granted to file motion for substitution of counsel within 15 days. Appellant's motion for stay pending substitution of counsel is granted. Glover, J., not participating.
CACR05-238. Jeffrey Junkett, Jr. v. State of Arkansas, from Saline Circuit. Appellant's motion to release sealed proffer in record is granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CACR05-241. Isaac Russell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for release on appeal bond is denied.
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 is granted.
CA04-469. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Appellant's motion to supplement the record is granted.
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 is granted. Brief due within fifteen days.
CA04-897. Glen Bashaw et al. v. State of Arkansas, from Drew Circuit. Appellants' motion to amend brief is granted.
CA04-1042. Dale Peterson et ux. v. Richard Wagner et ux., from Polk Circuit. Appellants' motion to amend brief is granted.
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 is granted.
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 is granted. Griffen, J., not participating.
CA05-207. Brenda Jarvis v. Southwestern Life Insurance Company et al., from Pulaski Circuit, Sixth Division. Motion of appellee, Southwestern Life Insurance Company, to dismiss appeal is granted.
SUBMISSIONS
CACR04-1028. Robert L. LeFever v. State of Arkansas, from Carroll Circuit, Western District. Argued orally.
CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit.
CACR04-540. Bobby Powell v. State of Arkansas, from Jefferson Circuit.
CACR04-849. Pete Augustus Lewis v. State of Arkansas, from Crawford Circuit.
CACR04-866. Steven Earl Jordan v. State of Arkansas, from Grant Circuit.
CACR04-986. James Brian Stevens v. State of Arkansas, from Greene Circuit.
CACR04-1035. Darren Keath Helms v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR04-1054. Bobby Dean Davis v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR04-1154. Larry Eugene Bell v. State of Arkansas, from Fulton Circuit.
CACR04-1219. Andre Deshaun McDaniel v. State of Arkansas, from Faulkner Circuit.
CACR04-1273. Khampbang Phiathep v. State of Arkansas, from Crawford Circuit.
CA04-7. David R. Williams v. Golf Cars of Arkansas, Inc., from Pulaski Circuit, Third Division.
CA04-737. J. D. Phillips v. Cleola Metcalf et al., from Lonoke Circuit.
CA04-745. Ricky Myers v. Arkansas Department of Human Services, from Benton Circuit.
CA04-826. Crystal M. Griffith v. Arkansas Department of Human Services, from Crawford Circuit.
CA04-892. Lonnie Smiley, d/b/a Smiley Drywall v. The Hartford Insurance Company et al., from Pulaski Circuit, First Division.
CA04-910. Gerald Eubanks v. JAG Consulting, f/k/a Glad Industries, Inc., from Ashley Circuit.
CA04-1043. Arkansas Department of Human Services v. Ben Bixler and Sharon Bixler, from Van Buren Circuit.
CA04-1045. Maria C. Pina v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.
CA04-1078. John Charles Bushue v. Arkansas Department of Human Services, from Washington Circuit.
CA04-1093. Candis Young v. Maria Barbera, from Sebastian Probate, Fort Smith District.
CA04-1131. Raymond L. Baxley v. Susan B. Baxley, from Garland Circuit.
CA04-1147. Samuel Warren et ux. v. Danny Snowden et ux., from Searcy Circuit.
CA04-1165. Judy A. (Smith) Baney v. Mid-South Manufacturing et al., from Workers' Compensation Commission.