ARKANSAS COURT OF APPEALS

Opinions delivered
June 1, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-1246. Rickey W. Scott v. Farm Credit Mid-South, P.C.A., a/k/a East AR Production Credit Association, from Poinsett Circuit. Appeal Dismissed. Crabtree and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR04-1220. Antonio Yancy v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1392. Horner Enterprises v. Michelle Allen, from Workers' Compensation Commission. Affirmed. Gladwin and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA05-51. Tammy Smith v. Howard County Children's Center and Liberty Insurance Company, from Workers' Compensation Commission. Affirmed. Roaf, J., agrees. Hart, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA04-481. Roxanne Walls v. Arkansas Department of Human Services, from Independence Circuit. Affirmed. Glover and Neal, JJ., agree. (22 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA04-7. David R. Williams and Superior Products USA v. Golf Cars of Arkansas, Inc., from Pulaski Circuit, Third Division. Affirmed in Part; Dismissed in Part. Pittman, C.J., and Gladwin, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-832. David Anthony Braswell v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded for Resentencing. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1012. Sandy Souvannasane v. George (Siamphone) Vannavong, from Sebastian Circuit. Affirmed. Bird and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR04-1014. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. Robbins and Neal, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA04-469. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Affirmed on Direct Appeal; Affirmed in Part and Reversed and Remanded in Part on Cross-Appeal. Robbins and Neal, JJ., agree. (19 PAGES PUBLISHED) [HTML, WP5.1]

CA04-1030. Alice Lane v. Kathy S. Sebourn and Randy J. Sebourn, from Jefferson Circuit. Affirmed. Robbins and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA04-1082. Thomas D. Cummings v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-73. Richard Deer v. City of Prescott and Municipal League WC Trust, from Workers' Compensation Commission. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA04-744. Rose Care, Inc. v. Helen Ross, Special Administratrix of the Estate of Eula Givens, Deceased, from Saline Circuit. Affirmed on Direct Appeal; Reversed and Remanded on Cross-Appeal. Neal and Roaf, JJ., agree. (25 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA04-955. Ann Wooley, Individually and as Administratrix of the Estate of Ray Wooley, Deceased v. Planter's Cotton Oil Mill, Inc. et al., from Jefferson Circuit. Affirmed. Pittman, C.J., and Crabtree, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

E04-280. Home Care Professionals of Arkansas, Inc. v. Director, Arkansas Employment Security Department, from Board of Review. Remanded. Pittman, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-1130. James E. McDonald v. State of Arkansas, from Miller Circuit. Affirmed. Hart and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit. Affirmed. Hart and Gladwin, 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).

E05-18. Charlene Craven v. Director et al.

E05-19. George's Farms, Inc. v. Director et al.

E05-20. Gregory A. Williams v. Director et al.

E05-22. Traksan Equipment Company v. Director et al.

E05-23. Denise E. Goodman v. Director et al.

E05-24. Larry E. Payne v. Director et al.

E05-25. Bobby A. Morris v. Director et al.

E05-26. Reynolds Termite & Pest Control v. Director et al.

E05-27. Pamela Mangrum v. Director et al.

E05-28. James R. Sumner v. Director et al.

E05-29. Lonnie Murphy v. Director et al.

E05-30. Alfreda O'Neal v. Director et al.

PER CURIAM ORDERS

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CA04-571. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. See substituted opinion this date. Gladwin, Robbins, and Neal, JJ., dissent.  (7 PAGES + 1-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

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.

CA04-1147. 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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CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellant's motion to settle the record and for brief time is granted.

CACR04-1124. Carla Rajean Pigeon v. State of Arkansas, from Benton Circuit. Appellant's motion for additional time to file brief is granted. Gladwin, Robbins, Bird, and Vaught, JJ., would make this the final extension. Crabtree, J., would deny.

CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion to settle the record and for brief time is granted. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

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 is granted.

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

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

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion of David Mark Gunter for attorney's fees is granted. Allowed $720.00 in fees and costs. See Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion of David Mark Gunter for attorney's fees is granted. Allowed $720.00 in feesand costs. See Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion of David Mark Gunter for attorney's fees is granted. Allowed $720.00 in fees and costs. See Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).

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

CA04-1292. Brant Spaulding v. Regina Spaulding, from Pulaski Circuit, Fifteenth Division. Appellant's motions for additional brief time are granted.

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

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

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 is granted.

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

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

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

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

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 is granted.

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

MOTIONS SUBMITTED

CACR04-807. Brian Pierre Rhodes v. State of Arkansas, from Hempstead Circuit. Appellant's motion to amend brief.

CACR04-866. Steven Earl Jordan v. State of Arkansas, from Grant Circuit. Motion of Stanley D. Christopher for attorney's fees.

CACR04-948. Raymond Earl Sehorn v. State of Arkansas, from Crawford Circuit. Appellant's motion to reinstate appeal and to file a belated brief.

CACR04-1134. Artis Lee Willis v. State of Arkansas, from Lafayette Circuit. Appellant's motion to amend brief to include notice of appeal.

CACR04-1288. Mark Christopher Wilson v. State of Arkansas, from Lonoke Circuit. Motion of Charles D. Hancock for attorney's fees.

CACR04-1347. Christopher Minniefield v. State of Arkansas, from Union Circuit. Appellant's motion to amend brief.

CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion to file enlarged brief.

CACR05-70. Tario Watkins v. State of Arkansas, from Union Circuit. Appellant's motion to amend brief.

CACR05-238. Jeff Juckett v. State of Arkansas, from Saline Circuit. Appellee's motion to release sealed record and exhibits.

CA04-913. AEC One Stop Group, Inc. v. Family Entertainment Superstores, Inc., from Pulaski Circuit, Sixth Division. Appellant's motion to file belated supplement.

CA05-344. John T. Nimmer v. John W. Walker, from Pulaski Circuit, Third Division. Appellant's pro se motion for extension of brief time.

CA05-372. Frederick L. Williams v. Healthcare Services Group, Inc., from Workers' Compensation Commission. Appellant's pro se motion for reconsideration of denial of Rule on Clerk.

CA05-412. Ronald J. White et al. v. Jerry J. McGowen, et al., from Washington Circuit. Motion of Arkansas Manufactured Housing Association for permission to file an amicus brief in support of appellant' position.

CA05-418. Tori Romeo Benedix v. Richard Randall Romeo, from Faulkner Circuit. Appellant's motion to withdraw counsel; for substitution of counsel; and for extension of brief time.

SUBMISSIONS

CA04-1333. Billy Dale Johnson v. Green Acres Nursing Home Association, from Greene Circuit. Argued orally.

CACR04-851. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR04-916. Deanna Rudder v. State of Arkansas, from Johnson Circuit.

CACR04-958. Mark Turbyfill v. State of Arkansas, from Saline Circuit.

CACR04-1038. Detrick Croston v. State of Arkansas, from Faulkner Circuit.

CACR05-99. Edward Joe Hooten v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR05-133. Karen Sue Foster v. State of Arkansas, from Lonoke Circuit.

CA04-439. Joseph Teasley v. Hermann Companies, Inc., from Workers' Compensation Commission.

CA04-996. Jane Chitwood v. Gordon Chitwood, from Benton Circuit.

CA04-1042. Dale Peterson et ux. v. Richard Wagner et al., from Polk Circuit.

CA04-1231. R. Craig Davis et ux. v. Lafayette County Limited Liability Company, from Lafayette Circuit.

CA04-1280. Cynthia McNabb v. State of Arkansas, from Conway Circuit.

CA04-1285. Clara Faye O'Dell et al. v. David Lynn Rickett et al., from Independence Circuit.

CA04-1317. Tammy Bourque v. Russell Meeks, from Montgomery Circuit.

CA04-1341. Tina B. Woods v. Steven Robert Jones, from Van Buren Circuit.

CA04-1365. Tony Horton v. Roy Gene Horton, from Crawford Circuit.

CA05-2. Sherri Parker v. Mark Farmer, from Washington Circuit.

CA05-48. Arthur McFarland, Sr. v. Arkansas Department of Human Services et al., from CarrollCircuit, Eastern District.