ARKANSAS COURT OF APPEALS

Opinions delivered
June 15, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-1283. Tracy Aileen Cooper Duncan v. Kenny Cooper, from Clark Circuit. Reversed and Remanded. Crabtree and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA04-1280. Cynthia McNabb v. State of Arkansas, from Conway Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA04-845. Brian A. Hodges v. Chan Holcombe, from Sebastian Circuit. Reversed and Remanded. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1243. John C. House v. Debra D. House, from Crawford Circuit. Rebriefing Ordered. Hart and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR05-133. Karen Sue Foster v. State of Arkansas, from Lonoke Circuit. Affirmed. Glover and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1043. Arkansas Department of Human Services v. Ben Bixler and Sharon Bixler, from Van Buren Circuit. Affirmed. Hart, Neal, Crabtree and Roaf, JJ., agree. Griffen, J., dissents. (9 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR04-851. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Griffen and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1230. Shelly S. Turner, Administratrix of the Estate of Ricky Turner, Deceased v. Northwest Arkansas Neurosurgery Clinic, P.A., from Washington Circuit. Affirmed in Part; Reversed and Remanded in Part. Griffen and Vaught, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-790. Jerry Wrone Walker v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CACR04-916. Deanna Rudder v. State of Arkansas, from Johnson Circuit. Affirmed. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1231. Ronald Craig Davis and Patricia Davis v. Lafayette County Limited Liability Company, from Lafayette Circuit. Affirmed. Bird and Vaught, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA04-1042. Dale Peterson and Sheila Peterson v. Richard Wagner and Bonita A. Wagner, from Polk Circuit. Affirmed. Robbins and Glover, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA04-405. Garland Trice et al. v. Ossie Trice et al., from Lee Circuit. Affirmed in Part; Reversed and Dismissed in Part. Bird and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA04-1317. Tammy Bourque and Thelma Anaya v. Russell Meeks and Carolyn Meeks, from Montgomery Circuit. Affirmed. Bird and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA05-2. Sherri Parker v. Mark Farmer, from Washington Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-989. Alexander Newborn v. State of Arkansas, from Clark Circuit. Affirmed. Bird, Vaught, Crabtree and Roaf, JJ., agree. Hart, Gladwin, Griffen, and Glover, JJ., dissent. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA05-48. Arthur McFarland, Sr. v. Arkansas Department of Human Services, from Carroll Circuit. Affirmed. Pittman, C.J., and Crabtree, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-1038. Detrick Croston v. State of Arkansas, from Faulkner Circuit. Affirmed. Hart and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-1081. James Kevin Casada v. State of Arkansas, from Hot Spring Circuit. Affirmed. Gladwin, J., agrees. Hart, J., concurs. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

 CA04-745. Ricky Myers v. Arkansas Department of Human Services, from Benton Circuit.

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 CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to modify brief is granted.

CACR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit. Motion of Ashley Vailes to be substituted as counsel for appellant is granted.

CACR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit. Appellant's motion to amend brief is granted.

CACR04-594. Danny Lee Geren v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion to modify brief is granted.

CACR04-622. Marcus A. Barney, Sr. v. State of Arkansas, from Drew Circuit. Appellant's motion to amend brief is granted.

CACR04-920. Micah Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of O. Jerome Green to be substituted as counsel for appellant is granted.

CACR04-999. Joey Lee Gillion v. State of Arkansas, from Crittenden Circuit. Appellant's motion to amend brief is granted. Brief due June 30, 2005.

CACR04-1146. Charnaley Marshall v. State of Arkansas, from Clark Circuit. Motion of Edmundo Rogers to be substituted as counsel for appellant and for brief time is granted.

CACR05-238. Jeff Juckett v. State of Arkansas, from Saline Circuit. Appellee's motion to release sealed record and exhibits is granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CACR05-571. Joshua Brumley v. State of Arkansas, from Sharp Circuit. Motion of David Throesch to withdraw as attorney for appellant and for appointment of new attorney is denied without prejudice. See Ark. Sup. Ct. R. 4-3(j). Bird and Vaught, JJ., would grant.

CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion to file corrected brief and supplemented addendum is granted.

CA04-826. Crystal Griffith v. Arkansas Department of Human Services, from Crawford Circuit. Motion of Trina G. Yerby for attorney's fees and costs is granted. Allowed $1,000.00 in fees and $183.00 in costs. See Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).

CA04-957. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit. Appellant's pro se motion for reconsideration of dismissal of appeal is denied.

CA04-1266. Allen Grady Smith v. Arkansas Department of Human Services, from Crawford Circuit. Motion of Trina G. Yerby for attorney's fees and costs is granted. Allowed $1,000.00 in fees and $164.16 in costs. See Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).

CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Motion of Alvin L. Simes to withdraw as counsel for appellant is granted.

CA05-11. Terry Gibson v. Pat C. Gibson III, from Cleveland Circuit. Appellant's motion to reinstate appeal is granted. Pittman, C.J., would deny.

CA05-56. John Thomas Suskie, Jr. v. Karli Suskie Saracini, from Jackson Circuit. Appellant's motion for extension of time to file corrected brief is granted.

CA05-276. Dr. Gaylon Brunson v. Kanis & Denny Roads Suburban Water Improvement District No. 349 of Pulaski County, from Pulaski Circuit, Third Division. Resubmission of appellant's motion to supplement the record and for brief time is granted.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

 CA04-571. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit.

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CACR04-507. David E. Gipson v. State of Arkansas, from Crawford Circuit. Motion of Shane Roughley for attorney's fees.

CACR04-540. Bobby Powell v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.

CACR04-1327. Don C. Carter, III v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's pro se motion to rescind extension of brief time.

CACR04-1352. Narvell Johnson, III v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to amend original brief on appeal.

CACR05-481. John Melvin McDonald v. State of Arkansas, from Columbia Circuit. Appellant's motion to correct the record and to stay briefing schedule.

CACR05-628. Daniel Fiting v. State of Arkansas, from Lonoke Circuit. Motion of David R. Cannon to withdraw as counsel for appellant.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer et al., from Pulaski Circuit, Twelfth Division. Appellants' pro se motion for reconsideration and explanation.

CA04-1253. Tonya Nelms et al. v. Dr. Kenneth Martin et al., from Drew Circuit. Appellants' motion for reconsideration of dismissal of appeal.

CA04-1392. Horner Enterprises et al. v. Michelle Allen, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA05-175. Sandy Gaches et al. v. Arkansas Department of Human Services, from Madison Circuit. Appellee's motion to dismiss appeal.

CA05-175. Sandy Gaches et al. v. Arkansas Department of Human Services, from Madison Circuit. Motion of appellant, Eugene Eads, to file a belated brief and for brief time.

CA05-271. Eugene Frye v. Arkansas Department of Human Services, from Washington Circuit. Appellant's motion to supplement the record and for brief time.

CA05-310. Charles Lawrence v. City of Texarkana, from Miller Circuit. Appellant's motion to supplement the record.

CA05-366. Kelley Moiser v. Arkansas Department of Human Services, from Cleburne Circuit. Appellee's motion to supplement the record and to dismiss appeal as moot.

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

CA05-379. Tina K. Williams et al. v. Rector Phillips Morse, Inc. et al., from Pulaski Circuit, Sixth Division. Appellants' motion to supplement the record and to stay brief time.

CA05-553. Myron Bass v. State of Arkansas, from Crittenden Circuit. Motion of Thomas G. Montgomery to withdraw as counsel for minor child.

CA05-583. LaDonna Wilson v. Arkansas Department of Human Services, from Benton Circuit. Appellee's motion for anonymity and to seal the record.

CA05-621. Rosie Collier v. City of Little Rock, from Workers' Compensation Commission. Appellant's pro se motion for rule on clerk to lodge record.

CA05-621. Rosie Collier v. City of Little Rock, from Workers' Compensation Commission. Appellant's pro se motion to proceed in forma pauperis.

CA05-629. Henry Boswell v. J & H Logging, Inc. et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

SUBMISSIONS

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit.

CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit.

CACR04-115. Alyce Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-116. Jarvis Tim Hilliard v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR04-177. Charles Wilson Ewing v. State of Arkansas, from Craighead Circuit, Western District.

CACR04-206. Rickie Allen Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR04-260. Issac Marshall Dale v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-307. Bedri Beqiri v. State of Arkansas, from Pulaski Circuit, First Division.

CACR04-372. Antonio Woods v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR04-373. David Thompson v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR04-386. Oloye F. Sims v. State of Arkansas, from Crittenden Circuit.

CACR04-417. Ray Thompson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR04-574. Thadius Brown v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-589. Christopher Bernard West v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-795. Sammy Swan v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-805. Brandon L. Woodard v. State of Arkansas, from Crittenden Circuit.

CACR04-963. Jason Basham v. State of Arkansas, from Saline Circuit.

CACR04-981. Francisco Ramon Bravo v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-1095. Sandra Fairfield v. State of Arkansas, from Cleburne Circuit.

CACR04-1198. Abu Hassan v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR04-1205. Demetrius Crutchfield v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR04-1294. Ronald D. Crawford v. State of Arkansas, from Miller Circuit.

CACR05-24. Carlos Ramone Reece v. State of Arkansas, from Pulaski Circuit, Fourth Division.

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

 E05-42. Terrence Lee v. Director et al.

E05-43. Dale W. Morfey v. Director et al.

E05-48. Marjorie L. Leclair v. Director et al.

E05-49. Richard Wolfe, Jr. v. Director et al.

E05-50. Essie L. Hewett v. Director et al.

E05-52. Stephen Sides v. Director et al.

E05-53. Samuel G. Hudson, Jr. v. Director et al.

E05-54. Samuel G. Hudson, Jr. v. Director et al.

E05-57. Patricia A. Lewis v. Director et al.

E05-58. Bobby Joe Lindsey v. Director et al.

E05-61. Simon Adale Norwood, Jr. v. Director et al.

E05-63. Kimberly A. Halley v. Director et al.