Opinions delivered
June 22, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Affirmed. Robbins, Vaught, Crabtree, and Baker, JJ., agree. Hart, Gladwin, Griffen, and Neal, JJ., dissent. (11 PAGES + 2-PAGE DISSENT + 14-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CACR04-1214. Douglas Wayne Jones, Jr. v. State of Arkansas, from Cleveland Circuit. Affirmed. Robbins and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-871. Candace Goad Bray v. Jeffery Allen Goad and Jimmy Norrell, from Lincoln Circuit. Affirmed. Robbins and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1032. Jimmy Don Evans v. Arkansas Department of Human Services, from Saline Circuit. Affirmed. Crabtree and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1365. Tony Horton v. Roy Gene Horton, from Crawford Circuit. Reversed and Remanded. Crabtree, J., agrees. Baker, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR04-1390. Gregory M. Small v. State of Arkansas, from Polk Circuit. Affirmed. Bird and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1310. Teresa Banks and Patrick Banks v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Bird and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR04-701. Cardrick Deon Flowers v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Roaf, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
CACR05-99. Edward Joe Hooten v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Roaf, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1342. Dimple Jennen v. Ryan Sipe and Coco Beverage Company, Inc. and Zenith Insurance Company, from Garland Circuit. Affirmed. Neal and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
E04-340. Mosby Law Firm v. Director, Employment Security Department and Diedra M. Hurt, from Board of Review. Affirmed. Pittman, C.J., and Vaught, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA04-439. Joseph Teasley v. Hermann Companies, Inc., AIG Claim Services, Inc. and Commerce & Industry Insurance Company, from Workers' Compensation Commission. Affirmed. Vaught, J., agrees. Griffen, J., concurs. (8 PAGES + 11-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CA04-736. Jennifer French v. Arkansas Department of Human Services, from Van Buren Circuit. Affirmed. Hart and Crabtree, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR04-683. Donald Vern Saul v. State of Arkansas, from Benton Circuit. Reversed and Remanded. Glover and Roaf, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]
CA04-930. Nickels and Dimes, Inc. d/b/a Tilt v. Park Plaza Mall, LLC, from Pulaski Circuit. Reversed and Remanded on Direct Appeal; Cross Appeal Moot. Hart and Robbins, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CACR04-759. Billie Baxter v. State of Arkansas, from Clark Circuit. Affirmed. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA03-1001. Douglas Ket Manary v. Stephanie Rochelle, from Benton Circuit. Affirmed. Griffen and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-855. Darryl William Wiggins v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1345. William E. Jones, Donald MacPeek and Jeanette MacPeek v. American Home Assurance Company, from Crawford Circuit. Affirmed. Gladwin and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-55. Searcy Industrial Laundry, Inc. and Mid-Century Insurance Company v. Sharon Ferren, from Workers’ Compensation Commission. Affirmed. Baker, J., agrees. Gladwin, J., concurs. [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR04-1005. Gary Stotts v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1093. Candis Young v. Maria Barbera, from Sebastian Circuit. Affirmed. Pittman, C.J., Gladwin, and Glover, JJ., agree. Bird and Baker, JJ., dissent. (6 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA04-1284. Tamara Fusilier v. Mitchell Fusilier, from Faulkner Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR04-1033. Mark Lasker v. State of Arkansas, from Faulkner Circuit. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR04-1166. Hezekiah Pierce v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR04-1197. Darren Keith Helms v. State of Arkansas, from Pulaski Circuit. Affirmed. Glover, J., agrees. Griffen, J., concurs. (5 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CA04-10. Emmett Jones and Frances Ann Jones v. Chester Scott and Barbara Scott, from Scott Circuit. Reversed and Remanded. Griffen and Glover, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA04-1071. Rebecca Collins and Korey Collins v. Harold Morgan, from Washington Circuit. Reversed and Remanded. Hart, Robbins, and Neal, JJ., agree. Gladwin and Glover, JJ., dissent. (2 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA04-1341. Tina B. Woods v. Steven Robert Jones, from Van Buren Circuit. Affirmed. Gladwin, J., agrees. Hart, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA03-1411. Cynthia Rogers v. Edmundo Rogers, from Benton Circuit. Hart, J., dissents. (4-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]
CA04-54. Moore Investment Company, Inc. v. Mitchell, Williams, Selig, Gates & Woodyard, from Pulaski Circuit, Seventh Division.
CA04-557. Manuel Bail Bond Company, Inc. v. State of Arkansas, from Ouachita Circuit. See substituted opinion. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
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CACR04-507. David E. Gipson v. State of Arkansas, from Crawford Circuit. Motion of Shane Roughley for attorney's fees is granted. Allowed $1,000.00.
CACR04-540. Bobby Powell v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $900.00.
CACR04-948. Raymond Earl Sehorn v. State of Arkansas, from Crawford Circuit. Appellant's motion to reinstate appeal and to file a belated brief is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
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 is denied.
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 is denied.
CACR05-154. Paul Criswell v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion to file belated brief is granted. Conforming brief due within thirty days.
CACR05-481. John Melvin McDonald v. State of Arkansas, from Columbia Circuit. Appellant's motion to correct the record and to stay briefing schedule. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.
CACR05-628. Daniel Fiting v. State of Arkansas, from Lonoke Circuit. Motion of David R. Cannon to withdraw as counsel for appellant is granted. Mr. William O. "Bill" James, Jr., is appointed 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 is denied.
CA04-740. Bobbie Barnes v. Arkansas Department of Human Services, from Logan Circuit, Northern District. Motion of Trina G. Yerby for attorney's fees and costs is granted. Allowed $1,254.24 in fees and costs. See Walters v. Ark. Dep't of Human Servs., 83 Ark. App. 85, 118 S.W.3d 134 (2003).
CA04-1253. Tonya Nelms et al. v. Dr. Kenneth Martin et al., from Drew Circuit. Appellants' motion for reconsideration of dismissal of appeal is denied. Glover, J., not participating.
CA04-1392. Horner Enterprises et al. v. Michelle Allen, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA05-175. Sandy Gaches et al. v. Arkansas Department of Human Services, from Madison Circuit. Appellee's motion to dismiss appeal is denied.
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 is granted.
CA05-175. Sandy Gaches et al. v. Arkansas Department of Human Services, from Madison Circuit. Motion of appellant, Sandy Gaches, to file a belated brief and for brief time is granted.
CA05-271. Eugene Frye v. Arkansas Department of Human Services, from Washington Circuit. Appellant's motion to supplement the record and for brief time. Supplemental record due within thirty days. Brief due within thirty days thereafter.
CA05-310. Charles Lawrence v. City of Texarkana, from Miller Circuit. Appellant's motion to supplement the record is granted.
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 is denied.
CA05-372. Frederick L. Williams v. Healthcare Services Group, Inc., from Workers' Compensation Commission. Appellant's second pro se motion for reconsideration is denied. Griffen, J., not participating.
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 is granted. Griffen, J., not participating.
CA05-553. Myron Bass v. State of Arkansas, from Crittenden Circuit. Motion of Thomas G. Montgomery to withdraw as counsel for minor child is granted.
CA05-583. LaDonna Wilson v. Arkansas Department of Human Services, from Benton Circuit. Appellee's motion for anonymity and to seal the record is granted.
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 is denied.
CA05-621. Rosie Collier v. City of Little Rock, from Workers' Compensation Commission. Appellant's pro se motion to proceed in forma pauperis is moot.
CA05-629. Henry Boswell v. J & H Logging, Inc. et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal is granted.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division.
CA04-469. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit.
CA04-748. Sanyo Manufacturing Corporation v. Forrest City Grocery Company, from St. Francis Circuit.
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.
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CACR04-1038. Detrick Croston v. State of Arkansas, from Faulkner Circuit. Motion of DavidO. Bowden for attorney's fees.
CACR05-133. Karen Sue Foster v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.
CACR05-269. James Richard Dortch v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.
CACR05-269. James Richard Dortch v. State of Arkansas, from Crawford Circuit. Motion of Thurman Ragar, Jr., to withdraw as counsel for appellant.
CACR05-300. Melvin Mayweather v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.
CACR05-300. Melvin Mayweather v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Jeremy B. Lowrey to be substituted as counsel for appellant and for brief time.
CA04-831. Tatum Gangi v. Jody Edmonds, from Lincoln Circuit. Appellee's motion for attorney's fees and costs.
CA04-1063. Rodney Rice et al. v. Welch Motor Company, from Garland Circuit. Appellants' motion to reinstate appeal, to supplement the record and appellants' addendum, and to waive reproduction of survey.
CA04-1082. Thomas D. Cummings v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Sara Rogers for attorney's fees.
CA04-1310. Teresa Banks v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Linda Ward for attorney's fees.
CA04-1310. Patrick Banks v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Shelton Sargent for attorney's fees.
CA04-1351. Industrial Electronic Supply, Inc. v. Lytle Manufacturing, L.L.C., from St. Francis Circuit. Appellee's motion for additional brief time.
CA05-42. Ruth Young v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellant's pro se motion for reconsideration of dismissal of appeal.
CA05-178. Garrett Kirby Hunt v. State of Arkansas, from Sharp Circuit. Appellant's motion for expedited consideration.
CA05-327. Lisa Ann Saunders v. Arkansas Department of Human Services, from Sevier Circuit. Appellee's motion to supplement the record and to stay briefing schedule.
CA05-412. Ronald J. White et al. v. Jerry McGowen et al., from Washington Circuit. Appellees' motion to strike amicus brief of Arkansas Manufactured Housing Association.
CA05-469. Jerome Mark Shipp v. Toni P. Shipp, from Clark Circuit. Appellant's motion to supplement the record and for brief time.
CA05-521. Lauralynn Goodnight v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Glen Hoggard, attorney for appellant, to dismiss appeal.
E05-132. Barbara Brown-Smith v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.