ARKANSAS SUPREME COURT

Opinions delivered
April 28, 2005


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TOM GLAZE, JUSTICE:

04-1329. Tobacco Superstore, Inc. v. Diane Darrough, from Lincoln Circuit. Reversed and Remanded. Brown, J., not participating. (15 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-434. Helena Regional Medical Center, and Enrique Guillermo, M.D. v. Trina Wilson, as Administratrix of the Estate of Angela Nolen, Deceased, from Phillips Circuit. Reversed and Remanded. Corbin, Brown, and Gunter, JJ., dissent. (12 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

03-674. David Hugh Williams v. Arkansas Department of Correction, from Jefferson Circuit. Affirmed as Modified. (9 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

04-1113. Michael L. Jordan and Rachel Jordan v. Diamond Equipment & Supply Co., from Benton Circuit. Affirmed. Hannah, C.J., and Glaze and Imber, JJ., dissent. (17 PAGES + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

03-1295. David A. Kelly v. Larry Norris, from Jefferson Circuit. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

04-321. Linda S. Koch v. Northport Health Services of Arkansas LLC et al., from Sebastian Circuit, Fort Smith District.

04-595. Maggie Young v. The Gastro-Intestinal Center, Inc. et al., from Pulaski Circuit, Second Division. Imber, J., would grant.

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REVIEW GRANTED: Petition for review was granted today in the following case.

CR05-395. Michael Lowry v. State of Arkansas, from Saline Circuit.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR05-333. Chad Gondolfi v. State of Arkansas, from Benton Circuit.

CR05-375. Samuel Talley v. State of Arkansas, from Pulaski Circuit, Second Division.

05-293. Russell Lee v. Alcoa Extrusion, Inc. et al., from Workers' Compensation Commission.

05-339. Peggy Taylor v. Jimmy Don Hamilton et al., from Jefferson Circuit.

05-378. Tom Williams v. Willamette Industries, Inc., from Workers' Compensation Commission.

05-387. Connie Moore et al. v. Frank Wallace et al., from Crittenden Circuit.

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CR05-356. Arkansas Game & Fish Commission v. Brian Herndon, from Lee Circuit. Petition for writ of certiorari. Briefing ordered. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

05-146. The Daily World v. Phillips County Circuit Court et al., from Phillips Circuit. Briefing ordered.

05-332. NCS Healthcare of Arkansas, Inc. v. W. P. Malone, Inc., from Clark Circuit. Motion for rule on clerk is denied. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Appellant's motion to extend time to supplement the record is granted. See Arkansas Rules of Appellate Procedure 6(e) 2004.

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Motion to substitute documents. Remanded to settle the record.

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Motion to revise appellant's brief. Granted upon record being settled.

CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Appellant's motion for waiver of page limit. Granted 5 additional pages.

CR05-27. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion to remand to settle the record is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-96. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Motion for leave to file supplemental petition for review is granted.

CR05-405. Blake Bryant v. State of Arkansas, from Ouachita Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-595. Maggie Young v. The Gastro-Intestinal Center, Inc. et al., from Pulaski Circuit, Second Division. Motion of the Arkansas Trial Lawyers Association to file amicus curiae petition for rehearing in support of appellant is granted.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Appellant's motion to correct brief. Granted to substitute brief.

04-1162. Terry Jones v. Barbara Billingsly, from Independence Circuit. Motion to file reply brief. Granted 5 days.

04-1374. Alvin Dwiggins et ux. v. Elk Horn Bank & Trust Company, from Clark Circuit. Appellants' motion to complete the record. Remanded to settle the record.

05-376. K. Rachel Buchanan v. Shac, Inc., from Washington Circuit. Appellee's motion to dismiss appeal is granted.

04-506. D.R. "Buddy" Wallis, Jr. v. Ford Motor Company, from Hot Spring Circuit. Appellant's motion to supplement citations to brief is denied.

05-430. Martha Luginbill v. Honorable Jim D. Spears, Circuit Judge, from Sebastian Circuit, Fort Smith District. Motion to expedite granted; petition for writ of prohibition, or in the alternative, petition for writ of mandamus is denied without prejudice. Petitioner's motion to strike is denied. (Proceedings of April 26, 2005)

CR99-365. Eric Randall Nance v. State of Arkansas, from Hot Spring Circuit. Petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-570. Billy Joe Campbell v. State of Arkansas, from Clark Circuit. Rebriefing ordered; motion moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1023. Charles E. Johnson v. State of Arkansas, from Ouachita Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1321. Charles D. Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file brief and motion to grant relief requested in tendered exhibits. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-103. Nakia Davis v. Honorable John B. Plegge, Circuit Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-236. Andrew Shaw v. State of Arkansas, from Boone Circuit. Pro se petition for writ of certiorari. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-380. Debra Wilburn v. Honorable Gary Cottrell, Circuit Judge, from Crawford Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Rules of Criminal Procedure, Adoption of Rule 36. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

05-281. David Jessup v. Jeannie Jessup, from Arkansas Circuit, Southern District.

05-287. Dana Corporation et al. v. Steven Baker, from Workers' Compensation Commission.

05-358. O. F. Duffield et ux. v. Charles F. Duffield et ux., from Benton Circuit.

05-369. Brian McCord et ux. v. Kenneth F. Ray et ux., from Independence Circuit.

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CR88-158. Jerome Allen Bargo v. State of Arkansas, from Benton Circuit. Appellant's motion to reinstate appeal.

CR05-218. Anthony C. Malone v. State of Arkansas, from White Circuit. Appellee's motion to file supplemental brief.

CR05-420. Billy Thessing v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of intervenor, Rogers School District No. 30, to recall mandate, reappoint masters, and direct state defendants to show cause.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of Barton-Lexa School District, successor in interest to Lake View School District No. 25, of Phillips County, Arkansas, to recall mandate, reappoint masters, and direct state defendants to show cause.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of Forrest City School District et al. to intervene or to file amici curiae brief.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. State defendants' motion to dismiss intervenor Rogers School District No. 30's motion to recall mandate, reappoint masters, and direct state defendants to show cause.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of DeQueen School District et al. to intervene or file a brief amici curiae in support of motion to recall mandate filed by Rogers intervenors.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of Earle School District et al. to recall mandate.

05-193. Grover Smith et al. v. AJ & K Operating Company et al., from Union Circuit. Appellees' joint motion for immediate stay and reissue briefing schedule.

SUBMISSIONS

CR04-542. James E. Baker, Jr. v. State of Arkansas, from Carroll Circuit, Eastern District.

CR04-1013. Hezekiah Pierce v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR05-26. Donald Lee Flanery v. State of Arkansas, from Randolph Circuit.

04-1018. Nameloc, Inc. et al. v. Jack, Lyon & Jones, P.A. et al., from Pulaski Circuit, Third Division.

04-1256. Automated Conveyor Systems v. Calvin Dooley, from Crittenden Circuit.

04-1291. Victoria Crenshaw et al. v. Eudora School District et. al., an Original Action.