ARKANSAS COURT OF APPEALS

Proceedings of
August 24, 2005


PER CURIAM ORDERS

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

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

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.

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.

CA04-1043. Arkansas Department of Human Services v. Ben Bixler and Sharon Bixler, from Van Buren Circuit. Griffen, J., would grant.

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CACR03-986. Marcus Conery v. State of Arkansas, from Jefferson Circuit. Appellant's motion to substitute brief is granted.

CACR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion to compel polygraph testing is denied.

CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit. Appellant's motion to file belated brief is granted.

CACR04-206. Rickie Allen Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Jennifer B. Wiggins for attorney's fees is granted. Allowed $800.00.

CACR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $1,000.00.

CACR04-408. Larry York v. State of Arkansas, from Van Buren Circuit. Appellant's motion torecall mandate is denied.

CACR04-589. Christopher Bernard West v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $800.00.

CACR04-701. Cardrick Deon Flowers v. State of Arkansas, from Jefferson Circuit. Motion of Patrick J. Benca for attorney's fees is granted. Allowed $1,000.00.

CACR04-776. Keith Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of O. Jerome Green for entry of appearance and substitution of counsel for rehearing purposes is granted.

CACR04-805. Brandon Ladarus Woodard v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $800.00.

CACR04-844. Anthony Joseph Lytle v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR04-1095. Sandra Fairfield v. State of Arkansas, from Cleburne Circuit. Motion of Patrick J. Benca for attorney's fees is granted. Allowed $800.00.

CACR04-1124. Carla Rajean Pigeon v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time is granted. Final extension. Gladwin, Bird, Griffen, Vaught, and Crabtree, JJ., would deny.

CACR04-1130. James E. McDonald v. State of Arkansas, from Miller Circuit. Motion of James R. Gowen, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR04-1149. David Lee Bradley v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Wm. H. Craig for attorney's fees is granted. Allowed $1,000.00.

CACR04-1214. Douglas Wayne Jones, Jr. v. State of Arkansas, from Cleveland Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $800.00.

CACR04-1294. Ronald D. Crawford v. State of Arkansas, from Miller Circuit. Motion of Phillip A. McGough for attorney's fees is granted. Allowed $1,000.00.

CACR05-99. Edward Joe Hooten v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Amanda Homan-Davidson for attorney's fees is granted. Allowed $1,000.00.

CACR05-189. John Steer v. State of Arkansas, from Yell Circuit, Northern District. Appellee's motion to supplement the record and for brief time is granted. Brief due September 23, 2005.

CACR05-221. Ricky Steward v. State of Arkansas, from Jackson Circuit. Appellant's motion for additional brief time is granted. Crabtree, J., would deny.

CACR05-238. Jeff Juckett v. State of Arkansas, from Saline Circuit. Appellant's motion to supplement abstract and addendum. Appellant granted fifteen days within which to file a substituted abstract, brief, and addendum. Appellee granted fifteen days thereafter to respond.

CACR05-259. Daniel Ormsby v. State of Arkansas, from Van Buren Circuit. Appellant's motion to strike brief of appellee is denied.

CACR05-267. Jimmie D. Osborne v. State of Arkansas, from Jackson Circuit. Appellant's motion for additional brief time is granted. Crabtree, J., would deny.

CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit. Appellant's pro se motion to file supplemental brief is denied.

CACR05-455. Patricia Steinmetz and Michael Steinmetz v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellants' motion to settle and supplement the record. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.

CACR05-518. Derrick Wayne Holloway v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record is granted.

CACR05-571. Joshua Brumley v. State of Arkansas, from Sharp Circuit. Second motion of David Throesch to withdraw and for appointment of new counsel is granted. David Bowden is appointed to represent the appellant.

CACR05-639. Ellen Wheeler and Ronnie Wheeler v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Daniel Stewart to be substituted as counsel for appellants is granted.

CACR05-724. Jessica Powell v. State of Arkansas, from Pope Circuit. Motion of James Dunham to be relieved as counsel for appellant is granted.

CACR05-774. Ralph Lee Miller v. State of Arkansas, from Clay Circuit, Western District. Appellant's motion to supplement the record is granted.

CACR05-831. Detrick Deshawn Croston v. State of Arkansas, from Faulkner Circuit. Motion of Boyd Tackett, Jr., to be relieved as counsel for appellant and for appointment of new counsel is granted. C. Daniel Hancock is appointed to represent the appellant.

CA04-1012. Sandy Sue Souvannasane v. George (Siamphone) Vannavong, from Sebastian Circuit, Fort Smith District. Appellee's motion for attorney's fees is denied.

CA04-1292. Brant Spaulding v. Regina Spaulding, from Pulaski Circuit, Fifteenth Division. Appellee's motion to supplement the record and to stay brief time is denied.

CA04-1401. Donald Ray Crutcher v. Alice Marie Crutcher, from Cross Circuit. Appellant's motion to withdraw appeal, or alternatively, motion to dismiss appeal. Appeal dismissed. Appellee's motion for attorney's fees is denied.

CA05-55. Searcy Industrial Laundry, Inc. et al. v. Sharon Ferren, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA05-157. Dianna Larsen v. Family Dollar Stores of Arkansas, Inc., from Crittenden Circuit. Appellant's motion requesting oral argument is denied.

CA05-328. Kathleen Pennino et al. v. Bennie Walthall et al., from Ouachita Circuit. Appellees' motions to supplement the record and stay briefing schedule. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.

CA05-344. John T. Nimmer v. John W. Walker, from Pulaski Circuit, Third Division. Appellee's motion to strike appellate brief, to dismiss appeal, and for appropriate sanctions and for brief time. Motion to strike brief and dismiss appeal is granted. Motion for sanctions is denied. Motion for brief time is moot.

CA05-383. Vickie Posey et al. v. St. Bernard's Healthcare, Inc. et al., from Craighead Circuit, Western District. Appellees' motion for oral argument is granted.

CA05-383. Vickie Posey et al. v. St. Bernard's Healthcare, Inc. et al., from Craighead Circuit, Western District. Appellees' motion to strike is denied.

CA05-385. Julius Lever, Jr. v. Justin Hamby, from Jefferson Circuit. Appellant's pro se motions to supplement record. Motion for duplicate of videotape is denied. Exhibit is available in Clerk's office. Motion to supplement the record with jury instructions and transcript of October 14, 2004, hearing is remanded to the trial court to settle the record within thirty days. Pittman, C.J., not participating.

CA05-385. Julius Lever, Jr. v. Justin Hamby, from Jefferson Circuit. Appellant's pro se motion to set aside void judgments is denied. Pittman, C.J., not participating.

CA05-432. Jeffery W. Ashcraft v. Headlee's Industrial Company et al., from Workers' Compensation Commission. Appellant's motion for oral argument is granted.

CA05-446. Cynthia Lemons (Grady) v. John C. Lemons, from Howard Circuit. Appellant's motion for correction of abstract. Motion to direct the Clerk to correct by interlineation is denied. Appellant's counsel is granted thirty days within which to substitute pages.

CA05-543. Richard Watson v. Cargill, Inc., from Workers' Compensation Commission. Appellant's pro se motion for appointment of counsel is denied. Brief due within thirty days.

CA05-563. Jim D. Swink et al. v. Lasiter Construction, Inc., from Pulaski Circuit, Fifth Division. Joint motion to correct the record is granted.

CA05-681. Nancy Lynn Ables v. Kenneth Sterling Ables, from Calhoun Circuit. Motion of Wm. C. Plouffe, Jr. to withdraw as counsel for appellant and to stay brief time is granted. Brief due within thirty days.

CA05-721. Janice Robbins v. Kimberly Robbins, from Pulaski Circuit, Fourteenth Division. Motion of Madison P. Aydelott, III to be relieved as counsel for appellee is granted.

CA05-732. Death & Permanent Total Disability Trust Fund v. Joseph Thomas et al., from Workers' Compensation Commission. Joint motion to supplement the record and to stay briefing schedule is granted. Appellant's brief due within thirty days after supplement is filed.

CA05-742. Terry Hooten v. Jacqueline "Jackie" Jensen et al., from Pope Circuit. Motion of Iris L. Muke to be relieved as co-counsel for appellant is granted.

CA05-750. Hyonsuk Fusaro v. Zaio's Hardwood Floors, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record is granted.

CA05-763. George M. Stokes v. Farmers Grain Terminal, Inc. et al., from Desha Circuit, Arkansas City District. Appellant's motion to supplement the record is denied without prejudice. Brief time is extended for thirty days.

CA05-776. Daniel Edrington v. State of Arkansas, from Lonoke Circuit. Motion of Edgar R. Thompson to be relieved as counsel for appellant and to appoint William O. "Bill" James, Jr., as counsel is granted.

CA05-777. Ronald Lloyd Coats, III v. State of Arkansas, from Lonoke Circuit. Motion of Edgar R. Thompson to be relieved as counsel for appellant and to appoint William O. "Bill" James, Jr., as counsel is granted.

E05-102. Rosie M. Collier v. Director et al., from Board of Review. Appellant's pro se motion for writ of mandamus and for sanctions is denied.

E05-168. Sharon Kay Mount v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal. Motion treated as motion for rule on clerk and granted. Petition for review was timely postmarked.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CACR04-776. Keith Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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CACR99-35. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for release of exhibits.

CACR04-922. David Lee Scott v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal.

CACR04-922. David Lee Scott v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief.

CACR05-658. Edward R. Hicks v. State of Arkansas, from Nevada Circuit. Appellant's motion to file belated brief and for brief time.

CACR05-726. Henry Jay Bunch v. State of Arkansas, from Washington Circuit. Appellant's motion to supplement the record.

CA05-169. Wael Abdin v. Delores Abdin, from Pulaski Circuit, Twelfth Division. Appellant's motion to supplement record and extend time to file appellant's reply brief.

CA05-429. Chester Butler et al. v. Leon Harvest, from Drew Circuit. Appellants' motion for additional brief time.

CA05-509. Donald Gene Hudson, Jr. v. Christina (Harvey) Kyle, from Saline Circuit. Appellant's motion for additional brief time.

CA05-716. Harvest Rice, Inc. v. Fritz and Mertice Lehman Elevator and Dryer, Inc., from Desha Circuit, Arkansas City District. Motion of Joel F. Hoover to withdraw as counsel for appellee.

CA05-718. Rhonda Coleman v. Dennis W. Jacks, M.D., from Jefferson Circuit. Appellant's pro se motion to file belated brief.

CA05-823. St. Vincent Health Systems et al. v. Linda K. Jobe, from Workers' Compensation Commission. Appellant's motion to correct the record.

CA05-825. Aretha House et al. v. NPC International, Inc., d/b/a Pizza Hut of West Helena, from Phillips Circuit. Appellee's motion to realign the parties and to stay briefing schedule.

CA05-837. Mountain Pure, L.L.C. v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division. Motion of separate appellee, Stone Container Corporation, to dismiss appeal.

CA05-837. Mountain Pure, L.L.C. v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division. Motion of separate appellee, Turner Holdings, L.L.C., to adopt Stone Container Corporation's motion to dismiss appeal.

E05-165. CAPCA - Community Action Program v. Director et al., from Board of Review. Appellees' motion to dismiss appeal.

E05-176. Ralph P. Williams v. Director et al., from Board of Review. Appellant's pro se motion for belated appeal.

SUBMISSIONS

CACR04-1111. Jessie Garcia v. State of Arkansas, from White Circuit.

CACR04-1135. Frank Michael Johnson v. State of Arkansas, from Faulkner Circuit.

CACR04-1151. James M. Cox v. State of Arkansas, from Fulton Circuit.

CACR04-1169. Timothy M. Hinds v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR04-1195. Nery Estacuy v. State of Arkansas, from Carroll Circuit, Eastern District.

CACR04-1206. Danyel Casey v. State of Arkansas, from Lonoke Circuit.

CACR04-1250. Christopher Gilbert v. State of Arkansas, from Pope Circuit.

CACR04-1297. Patricia Stultz v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR04-1314. Benjamin Eagle v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR05-107. Souksavanh Phommavong v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA04-959. Heather Sheridan v. Arkansas Department of Human Services, from Faulkner Circuit.

CA04-1096. Rita Rawles v. Arkansas Department of Human Services, from Sebastian Circuit, Greenwood District.

CA04-1189. Rodney Owens, Sr. v. Arkansas Department of Human Services, from Benton Circuit.

CA04-1364. Allen Canning Company v. J. D. Woodruff, from Workers' Compensation Commission.

CA04-1372. John W. Burnett v. Lynn R. Watson, from Faulkner Circuit.

CA04-1373. Suzanne Poston et al. v. Dwight Saunders et ux., from Prairie Circuit, Southern District.

CA05-8. Roger Israel v. Christopher D. Oskey, from Washington Circuit.

CA05-25. Homer Otis Draper v. Conagra Foods, Inc., from Sharp Circuit.

CA05-46. Leslie Purdy v. Little Rock School District et al., from Workers' Compensation Commission.

CA05-85. Rita Ainsworth v. Paul Ainsworth, from Columbia Circuit.

CA05-94. Grand Slam Stores, LLC v. L & P Builders, Inc., from Perry Circuit.

CA05-126. Robert C. Goldtrap v. Cara Goldtrap Hewett, from Sebastian Circuit, Fort Smith District.

CA05-127. John Thompson v. Richard E. Fischer, from Prairie Circuit, Southern District.

CA05-155. Sylvia Knight v. Sissy's Log Cabin, from Jefferson Circuit.