ARKANSAS COURT OF APPEALS

Opinions delivered
April 27, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR04-794. Shawn Hardin Gore v. State of Arkansas, from Washington Circuit. Affirmed. Gladwin and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-492. Robert Phillips, Special Administrator of the Estate of Clinton Wayne Newkirk, Deceased v. Alpharma, Inc. et al., from Washington Circuit. Affirmed. Robbins and Neal, JJ., agree. ( 4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR04-977. Barry A. Ross v. State of Arkansas, from Pope Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-954. Grocery Supply Company v. Arkansas Tobacco Control Board, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR04-856. Kimberly Michelle Hinton v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Glover, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-1047. Andre' Roddy v. State of Arkansas, from Phillips Circuit. Affirmed. Griffen and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-771. Rhonda Morris (now Smith) v. Robert Newton Morris, from Pope Circuit. Reversed and Remanded. Pittman, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-921. Cloverleaf Express, Employer and Commerce and Industry Insurance Company, AIG Claims Services, Inc. v. Lyle Fouts, from Workers' Compensation Commission. Affirmed. Griffen and Baker, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

CA04-1172. Arkansas Department of Human Services v. Maxine McManus, Donald E. Kirby and Terri Kirby Stell, from Calhoun Circuit. Dismissed. Griffen and Baker, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA04-800. Ray Townsend Farms, Inc. and Ray Townsend Individually v. Marjorie T. Smith, from Monroe Circuit. Affirmed. Hart and Griffen, JJ., agree. (16 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-728. Larry D. Shanks v. State of Arkansas, from Garland Circuit. Affirmed. Gladwin and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-1074. Frederick Lee Whitfield v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

E04-389. Sanford Buchanan v. Director, Arkansas Employment Security Department, from Board of Review. Reversed and Remanded. Gladwin and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR04-793. Kurtis Ray Easter v. State of Arkansas, from Izard Circuit. Affirmed. Bird and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-814. Michael J. Sisson v. Stacey (Sisson) Cousar, from Pope Circuit. Affirmed. Bird and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1002. Clarence Taylor v. B & B Disposal and Zenith Insurance Company, from Workers' Compensation Commission. Affirmed. Vaught and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1251. Eric Lovette v. Michelle Annette Ward-Lovette, from Washington Circuit. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA04-1019. Hazel Roach v. Dolgencorp, Inc., from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E04-216. Board of Trustees of the University of Arkansas v. Artee Williams, DirectorEmployment Security Department and Tena R. Farver, from Board of Review. Affirmed. Crabtree and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA04-1057. John Slavin and Anna Slavin v. Plumbers & Steamfitters Local 29, from Sebastian Circuit. Affirmed on Direct-Appeal; Cross-Appeal Moot. Pittman, C.J., and Baker, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA04-1068. St. Edward Mercy Medical Center and Sisters of Mercy Health System v. Krista Jarvis, from Workers' Compensation Commission. Affirmed. Glover and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-660. Muriel Seymour v. Estate of Floyd Ray Davis, Deceased, from Lonoke Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-456. Calvin Lamont Walker v. State of Arkansas, from Ashley Circuit. Affirmed. Glover and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-498. Roy Cummings v. Norma Shults, from Crawford Circuit. Affirmed. Glover and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA04-557. Manuel Bail Bond Company, Inc. v. State of Arkansas, from Ouachita Circuit. Affirmed. Gladwin and Griffen, JJ., agree. Substituted opinion upon denial of rehearing delivered June 22, 2005; appears in syllabus that date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-739. Sidney Harvey v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Crabtree, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-782. Jeffery Turner v. Arkansas Department of Human Services, from Johnson Circuit. Affirmed. Neal and Crabtree, 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).

E04-332. 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.

PER CURIAM ORDERS

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

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

CA04-669. Dana Corporation and Specialty Risk Services v. Steven Baker, from Workers' Compensation Commission.

CA04-674. Brian McCord and Debbie McCord v. Kenneth F. Ray and Linda K. Ray, from Independence Circuit.

CA04-699. David Jessup v. Jeannie Jessup, from Arkansas Circuit, Southern District. See supplemental opinion this date.  (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-796. O. F. Duffield and Sue Ann Duffield v. Charles F. Duffield and Donna Duffield, from Benton Circuit.

CA04-846. Jenkins Family Limited Partnership et al. v. City of Fort Smith, Arkansas, from Crawford Circuit.

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CACR03-1127. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Jeremy B. Lowrey for attorney's fees is denied. See Ark. Sup. Ct. R. 6-6(c).

CACR03-1317. Bilal Kareem Al-Amin v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to substitute/relieve counsel is denied. Griffen, J., not participating.

CACR04-759. Billie Baxter v. State of Arkansas, from Clark Circuit. Appellant's motion to amend brief is granted.

CACR04-916. Deanna Rudder v. State of Arkansas, from Johnson Circuit. Appellant's motion to supplement the addendum of brief and abstract is granted.

CACR04-1001. Walter DeShazo v. State of Arkansas, from Sevier Circuit. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny.

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

CACR04-1211. Adair Toston v. State of Arkansas, from Chicot Circuit. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny.

CACR04-1245. Edrick D. Ellis v. State of Arkansas, from Union Circuit. Appellant's motion to amend and file belated brief is granted.

CACR04-1299. Michael Myers v. State of Arkansas, from Jackson Circuit. Appellant's motion for additional brief time is granted.

CACR05-259. Daniel Ormsby v. State of Arkansas, from Van Buren Circuit. Appellant's motion to correct the record and for an extension of time to file brief is granted. Record deemedsupplemented. Brief due within thirty days.

CACR05-300. Melvin Mayweather v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion for bond on appeal is denied.

CACR05-373. Jerome Lewis v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion to file amendment to counsel's brief is denied.

CA03-1001. Douglas Ket Manary v. Stephanie Rochelle, from Benton Circuit. Motion of Susan A. Fox to withdraw as counsel for appellant is granted.

CA04-70. Clifford Castor v. Southfork Cafe, from Workers' Compensation Commission. Appellant's motion to remand is denied.

CA04-1140. Jeffrey D. Yant et ux. v. Allstate Insurance Company, from Pulaski Circuit, Second Division. Appellants' motion for correction of brief is granted.

CA04-1253. Tonya Nelms v. Dr. Kenneth Martin, from Drew Circuit. Appellant's motion for additional brief time is granted. Final extension. Hart and Roaf, JJ., would grant. Griffen and Glover, JJ., not participating.

CA04-1280. Cynthia McNabb v. State of Arkansas, from Conway Circuit. Appellant's motion to amend brief is granted.

CA04-1380. Sue Helen McHaffey v. William F. McHaffey, from Clay Circuit, Eastern District. Appellee's motion to dismiss appeal is denied.

CA04-1380. Sue Helen McHaffey v. William F. McHaffey, from Clay Circuit, Eastern District. Appellee's motion to affirm is denied.

CA05-130. Susan Lynn Cleaves v. James Raymond Parker, Jr. et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to correct the record is remanded to the trial court to settle the record within thirty days.

CA05-284. Katrina Baker v. Larry O. Baker, Jr., from Lonoke Circuit. Appellant's motion to remand to settle the record and to stay brief time is granted. Record to be settled within thirty days. Brief due thirty days thereafter.

CA05-328. Kathleen Pennino et al. v. Bennie Walthall et al., from Ouachita Circuit. Appellants' motion to supplement the record and motion to stay briefing schedule. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

CA05-372. Frederick L. Williams v. Healthcare Services Group, Inc. et al., from Workers' Compensation Commission. Appellant's pro se motion for rule on clerk to lodge transcript is denied. Griffen, J., not participating.

MOTIONS SUBMITTED

CACR04-50. Jose Ayala v. State of Arkansas, from Crawford Circuit. Motion of Charles M. Duell for attorney's fees.

CACR04-614. Rebecca Cleghorn v. State of Arkansas, from Ashley Circuit. Appellant's pro se motion for appointment of counsel.

CACR04-685. Michael Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal.

CACR04-692. Phillip Parmley v. State of Arkansas, from Garland Circuit. Appellant's pro se motion to file belated petition for rehearing.

CACR04-833. Daron Barnett v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Christopher W. Hays for attorney's fees.

CACR04-855. Darryl William Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to amend brief.

CACR04-925. Marcus Young v. State of Arkansas, from Drew Circuit. Motion of Christopher W. Hays for attorney's fees.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's motion to stay briefing time and to supplement the record.

CACR04-1136. Darrence Stewart v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.

CACR04-1214. Douglas Wayne Jones, Jr. v. State of Arkansas, from Cleveland Circuit. Appellant's motion to amend brief.

CACR04-1245. Edrick D. Ellis v. State of Arkansas, from Union Circuit. Appellant's pro se motion for appointment of new counsel.

CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for appointment of counsel and to proceed in forma pauperis.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division. Appellants' pro se motion to file an enlarged brief.

CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CA04-959. Heather Sheridan v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of the Attorney Ad Litem to file a belated brief and for brief time.

CA04-1302. Rebecca Clem v. The Estate of Annie Ree Hopkins, from Miller Circuit. Appellant's motion to stand on brief and record submitted, or, in the alternative, motion to supplement.

CA05-42. Ruth Young v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA05-42. Ruth Young v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellant's pro se motion to file belated brief and for brief time.

CA05-56. John Thomas Suskie v. Karli Suskie Saracini, from Jackson Circuit. Appellant's motion to stay appeal or, in the alternative, motion for extension of time to file corrected brief.

CA05-118. Virginia A. Elder v. Alma L. Boyd, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to strike appellee's brief.

CA05-184. Michael Hayes v. Sandra Otto et al., from Pulaski Circuit, First Division. Appellees' motion to dismiss appeal and to stay brief time.

SUBMISSIONS

CA04-930. Nickels and Dimes, Inc. d/b/a Tilt v. Park Plaza Mall, LLC, from Pulaski Circuit, Sixth Division. Argued orally.

CACR04-507. David E. Gipson v. State of Arkansas, from Crawford Circuit.

CACR04-679. Barry Fairow v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR04-887. Ronald J. Brewer v. State of Arkansas, from Craighead Circuit, Western District.

CACR04-978. Junior Lee Evans v. State of Arkansas, from Carroll Circuit, Western District.

CACR04-1010. Winfred Javaar Lawrence v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA03-1309. Phoenix Aviation Managers, Inc. et al. v. Southern Pine Helicopters, Inc. et al., from Drew Circuit.

CA04-755. Arvis Harper Bail Bonds, Inc. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA04-971. Arvest Bank Group, Inc. et al. v. Karen Ashcraft, from Workers' Compensation Commission.

CA04-1141. Communications Distribution Corp. v. SCC Holdings Corporation, from Pulaski Circuit, Sixth Division.

CA04-1218. Quality Foods et al. v. Michael Mugley et al., from Workers' Compensation Commission.

CA04-1266. Allen Grady Smith v. Arkansas Department of Human Services, from Crawford Circuit.

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

E04-420. Ronald A. Davidson v. Director et al.

E04-421. Sonic of DeWitt v. Director et al.

E04-422. Yvonne Cleckley v. Director et al.

E04-423. Linda F. Cox v. Director et al.

E04-424. Kimberly L. Threadgill v. Director et al.

E04-425. Timmy W. Sell v. Director et al.

E04-426. Jona James v. Director et al.

E05-1. Wytex Production Corporation v. Director et al.

E05-2. Gerald Gregory v. Director et al.

E05-3. Bobby J. Brown v. Director et al.

E05-5. Homer Sides v. Director et al.

E05-6. Casey M. Tilson v. Director et al.