ARKANSAS COURT OF APPEALS

Opinions delivered
May 25, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-869. Sandra Harmon v. Kroger et al., from the Arkansas Workers' Compensation Commission. Affirmed. Gladwin and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA04-500. Gary Lee Adams v. Diane I. Adams, from Hot Spring Circuit. Affirmed. Gladwin, J., agrees. Roaf, J., concurs. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-919. Myeshia Stevens v. State of Arkansas, from Pulaski Circuit, Second Division. Reversed and Remanded. Glover and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA04-1024. Francis Hoffman v. Camela Hoffman, from Sebastian Circuit, Fort Smith Division. Affirmed. Pittman, C.J., Gladwin, Neal, and Baker, JJ., agree. Griffen, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1116. Woodrow Swaim v. Wal-Mart Associates, Inc., Claims Management, Inc., and Second Injury Fund, from the Arkansas Workers' Compensation Commission. Reversed and Remanded. Glover and Neal, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA04-982. Herbert L. Carlisle, Jr. v. Watkins Motor Lines, Inc. and Liberty Mutual Corporation, from the Arkansas Workers' Compensation Commission. Affirmed. Bird and Vaught, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-1075. Sharonda Stokes v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Glover, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1174. Ronnie Long v. Glad Manufacturing Company, Lumbermen's Casualty Co., and Insurance Company - State of Pennsylvania, from the Arkansas Workers' Compensation Commission. Affirmed. Robbins and Glover, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA04-748. Sanyo Manufacturing Corp. v. Forrest City Grocery Co., from St. Francis Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR04-667. Miles Thomason v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Reversed and Dismissed in Part. Pittman, C.J., Gladwin and Vaught, JJ., agree. Bird and Baker, JJ., concurring in part; dissenting in part. (9 PAGES + 5-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CACR04-1149. David Lee Bradley v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1326. Jeremy Walters v. U.S. Timber Company, from the Arkansas Workers' Compensation Commission. Reversed and Remanded. Pittman, C.J., and Baker, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Affirmed. Gladwin, Vaught, and Crabtree, JJ., agree. Hart, J., concurs. Griffen, J., dissents. (6 PAGES + 8-PAGE DISSENT PUBLISHED ) [HTML, WP5.1]

CACR04-1288. Mark Christopher Wilson v. State of Arkansas, from Lonoke Circuit. Affirmed. Crabtree, J., agrees. Pittman, C.J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA04-897. Glen Bashaw, Harold Goffin, Sr., and Monticello Social Club, Inc. v. State of Arkansas, from Drew Circuit. Rebriefing Ordered. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CACR04-1056. Luis Eduardo Renderos v. State of Arkansas, from Crawford Circuit. Appellant's motion to amend brief is granted.

CACR04-1130. James E. McDonald v. State of Arkansas, from Miller Circuit. Appellant's pro se motion for copy of appellant's brief at public expense and to amend brief is denied.

CACR04-1299. Michael C. Myers v. State of Arkansas, from Jackson Circuit. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny.

CACR05-189. John Steer v. State of Arkansas, from Yell Circuit, Northern District. Motion of Michael Lamoureux to be relieved as counsel for appellant is granted. William H. Craig is appointed to represent the appellant.

CACR05-210. Joseph S. Parker v. State of Arkansas, from Logan Circuit, Southern District. Motion of Michael Lamoureux to be relieved as counsel for appellant is granted. William James, Jr., is appointed to represent the appellant.

CA04-876. Jennifer Eakens v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of the attorney ad litem to file belated brief and for brief time is granted.

CA04-971. Arvest Bank Group, Inc. et al. v. Karen Ashcraft, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA04-1253. Tonya Nelms et al. v. Dr. Kenneth Martin et al., from Drew Circuit. Appellees' motion to dismiss appeal is granted. Griffen and Glover, JJ., not participating.

CA04-1271. Kent Smith, D.V.M. et al. v. Jimmy Winemiller, from Perry Circuit. Appellant's pro se motion to substitute brief is granted.

CA04-1292. Brant Spaulding v. Regina Spaulding, from Pulaski Circuit, Fifteenth Division. Appellant's motion for additional brief time is granted until May 23, 2005. Griffen, J., would make this the final extension. Crabtree, J., would deny.

CA04-1309. Donna L. Smith v. Arkansas Department of Human Services, from Washington Circuit. 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. Appellant's motion to strike and for leave to file supplemental brief. Motion to strike denied. Appellant allowed fifteen days to file substituted brief.

CA05-92. Joe Clark et al. v. James Casebier, from Poinsett Circuit. Appellants' motion for oral argument is granted. Pittman, C.J., Robbins, Glover, and Roaf, JJ., would deny.

CA05-94. Grand Slam Stores, LLC v. L & P Builders, Inc., from Perry Circuit. Appellant's motion to amend brief to include notice of appeal is granted. Brief deemed supplemented.

CA05-276. Dr. Gaylon Brunson v. Kanis & Denny Roads Suburban Water Improvement District No. 349 of Pulaski County, Arkansas, from Pulaski Circuit, Third Division. Appellant's motion to supplement the record and for brief time. Motion to supplement record is passed until supplemental record is tendered. Proposed supplemental record due within thirty days. Briefing schedule stayed until tender of proposed supplemental record.

CA05-310. Charles Lawrence v. City of Texarkana et al., from Miller Circuit. Appellant's motion to file belated brief is granted.

CA05-318. Amanda Lewellyn Fleming v. Tim Lewellyn, from Pope Circuit. Appellant's motion for supersedeas bond is denied. See Home Mutual Fire Insurance Co. v. Jones, 62 Ark. App. 182, 969 S.W.2d 675 (1998).

CA05-344. John T. Nimmer v. John W. Walker, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal is denied.

CA05-344. John T. Nimmer v. John W. Walker, from Pulaski Circuit, Third Division. Appellant's motion to file belated brief is granted.

CA05-399. Margie Lineberry v. Riley Farms Property Owners Association et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to dismiss appeal is denied. Bird, Griffen, Vaught, and Crabtree, JJ., would grant.

CA05-399. Margie Lineberry v. Riley Farms Property Owners Association et al., from Sebastian Circuit, Fort Smith District. Motion of Troy Gaston to withdraw as counsel for appellant is granted.

CA05-399. Margie Lineberry v. Riley Farms Property Owners Association et al., from Sebastian Circuit, Fort Smith District. Appellant's motion for enlargement of time is granted for forty-five days.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

CACR04-1047. Andre' Roddy v. State of Arkansas, from Phillips Circuit.

CA04-557. Manuel Bail Bond Company, Inc. v. State of Arkansas, from Ouachita Circuit.

CA04-1147. Samuel Warren and Connie Warren v. Danny Snowden and Sheila Snowden, from Searcy Circuit.

CA04-1172. Arkansas Department of Human Services v. Maxine McManus, from Calhoun Circuit.

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CACR03-986. Marcus Conery v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CACR04-1124. Carla Rajean Pigeon v. State of Arkansas, from Benton Circuit. Appellant's motion for additional time to file brief.

CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion to settle the record and for brief time.

CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's amended motion to settle the record and for brief time.

CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion withdrawing amendment to motion to settle the record and for brief time.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer et al., from Pulaski Circuit, Twelfth Division. Appellants' motion to strike appellees' brief.

CA04-861. Henry Hamilton v. Gregory Trucking et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA04-1292. Brant Spaulding v. Regina Spaulding, from Pulaski Circuit, Fifteenth Division. Appellant's motion for additional one-day extension of brief time.

CA04-1316. James D. Jones v. Garry Mason and the Estate of Myrtle Gracie Pellham, from Pope Circuit. Appellees' motion to file belated brief.

CA04-1343. Jason V. Burns v. Estate of Noel Cole, Deceased, from Pulaski Circuit, Fifteenth Division. Appellant's motion to amend brief.

CA04-1380. Sue Helen McHaffey v. William F. McHaffey, from Clay Circuit, Eastern District. Appellant's motion to correct brief to include notice of appeal.

CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Appellant's motion to dismiss appeal.

CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Motion of Jimmie Lee Wilson for appearance and for brief time.

CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Motion of W. Frank Morledge, P.A. for leave to withdraw.

CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Appellee's motion to dismiss appeal.

CA05-346. Cleva Kimbrel v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Glen Hoggard to dismiss appeal and motion for brief time.

CA05-480. Ellison Enterprises, Inc. et al. v. Tammy Oldaker, from Workers' Compensation Commission. Motion of David Landis and Dustin H. Jones to withdraw and to substitute Walter Murray as counsel for appellants.

E05-103. Charles P. Collard v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CACR04-212. Manuel Rameriz v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR04-629. Terri Irene Sanders v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR04-790. Jerry Wrone Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-840. Milton Morris v. State of Arkansas, from Sevier Circuit.

CACR04-888. Jose Manuel Meraz-Lopez v. State of Arkansas, from Crawford Circuit.

CACR04-1081. James Kevin Casada v. State of Arkansas, from Hot Spring Circuit.

CACR04-1109. Allen Jason Wooten v. State of Arkansas, from Ouachita Circuit.

CACR04-1224. Mary Reed v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-1396. Darrell Grisson v. State of Arkansas, from Faulkner Circuit.

CA04-405. Garland Trice et al. v. Trenton Trice et al., from Lee Circuit.

CA04-1106. Natasea Stephens v. Quincy DeSha Miller, from Dallas Circuit.

CA04-1140. Jeffrey D. Yant et al. v. Allstate Insurance Company, from Pulaski Circuit, Second Division.

CA04-1180. Kevin Shotzman et ux. v. Mike Berumen III, M.D. et al., from Sebastian Circuit, Fort Smith District.

CA04-1210. Marion Reba Parker v. Harp's Food Store, Inc., from Garland Circuit.

CA04-1238. Sharon Walker v. Arkansas Department of Human Services et al., from Pulaski Circuit, Eighth Division.

CA04-1243. John C. House v. Debra D. House, from Crawford Circuit.

CA04-1268. Audra Elaine Evans v. Randy Evans, from Faulkner Circuit.

CA04-1283. Tracy Aileen Cooper Duncan v. Kenny Cooper, from Clark Circuit.

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

E05-31. Joshua's Ozark Restaurant v. Director et al.

E05-32. Simmons Foods, Inc. v. Director et al.

E05-33. Patricia Mullens v. Director et al.

E05-34. Winzon Coleman v. Director et al.

E05-35. Susan B. Lee v. Director et al.

E05-36. Rickey L. Devine v. Director et al.

E05-37. Donald L. Howard v. Director et al.

E05-38. Evelyn M. Stuart v. Director et al.

E05-39. Susan J. West v. Director et al.

E05-40. Angel Ray v. Director et al.

E05-41. Tamekia Poole v. Director et al.

E05-44. Pearlie T. French v. Director et al.