ARKANSAS SUPREME COURT

Opinions delivered
September 8, 2005


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PER CURIAM ORDERS

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

CR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Hannah, C.J., and Glaze and Imber, JJ., would grant.

CR04-1356. Billy Dale Green v. State of Arkansas, from Randolph Circuit.

04-468. Unum Life Insurance Company of America v. Frances Edwards, from Pulaski Circuit, Third Division. Imber, J., would grant. Glaze, J., not participating.

04-678. City of Fort Smith, Arkansas v. Didicom Towers, Inc., from Sebastian Circuit, Fort Smith District.

04-811. Charles E. Winkler v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division.

04-1092. Darel Lewis et ux. v. Mid-Century Insurance Company, from Crawford Circuit.

04-1162. Terry Jones v. Barbara Billingsly, from Independence Circuit.

04-1336. State Farm Fire & Casualty Company v. Sadie Andrews, from Craighead Circuit, Western District. (Appellant)

04-1336. State Farm Fire & Casualty Company v. Sadie Andrews, from Craighead Circuit, Western District. (Appellee)

05-78. Healthcare Recoveries, Inc. et al. v. Arkansas Client Security Fund, an Original Action.

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REVIEWS GRANTED: Petitions for review were granted today in the following cases.

CR05-677. Alan Ray Cluck v. State of Arkansas, from Crawford Circuit.

CR05-754. Donald V. Saul v. State of Arkansas, from Benton Circuit.

05-616. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Dickey, J., not participating.

05-778. Candis Young v. Maria Barbera, from Sebastian Circuit, Fort Smith District.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR05-713. Darrell Grissom v. State of Arkansas, from Faulkner Circuit.

CR05-720. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR05-768. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Glaze and Imber, JJ., would grant.

05-401. Cynthia A. Rogers v. Edmundo G. Rogers, from Benton Circuit.

05-596. Moore's Investment Company, Inc. v. Mitchell, Williams, Selig, Gates & Woodyard, from Pulaski Circuit, Seventh Division.

05-617. John Charles Bushue v. Arkansas Department of Human Services, from Washington Circuit.

05-618. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit.

05-633. Sanyo Manufacturing Corporation v. Forrest City Grocery Company, from St. Francis Circuit.

05-673. Pearlie T. French v. Director, Arkansas Employment Security Department, from Arkansas Board of Review.

05-675. Ann Wooley v. Planter's Cotton Oil Mill, Inc., from Jefferson Circuit.

05-678. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division.

05-685. Shelly S. Turner et al. v. Northwest Arkansas Neurosurgery Clinic, P.A., from Washington Circuit.

05-733. Rebecca Collins et al. v. Harold Morgan, from Washington Circuit.

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CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Motion of Stephen Engstrom for entry of appearance on behalf of the Federal Public Defender. Noted.

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Motion to supplement the record is denied.

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Motion of the Arkansas Public Defender Commission to file an amici curiae brief in support of the Federal Public Defender is denied.

CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Motion to reinstate briefing schedule. Moot.

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Appellant's motion to file belated revised brief is granted.

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit. Motion of Jim Rose, III for entry of appearance. Noted.

CR04-1212. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is denied.

CR04-1212. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Pro se motion to file belated brief. Granted 30 days.

CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Appellee's motion to file enlarged brief is granted.

CR05-69. Melvin Leroy Lacy v. State of Arkansas, from Union Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(5). Granted 45 days to file substituted brief.

CR05-302. Erich L. Diemer v. State of Arkansas, from Lincoln Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-3(h). Granted 30 days.

CR05-389. Errick Deon Berry v. Honorable David G. Henry, Circuit Judge, from Arkansas Circuit, Northern District. Motion to correct the record is granted.

CR05-396. Terry Sisk v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is granted.

CR05-422. Christopher Goodrum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to correct brief. Moot.

CR05-422. Christopher Goodrum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal is granted.

CR05-454. Jason J. Gulley v. State of Arkansas, from Clark Circuit. Appellee's motion to dismiss appeal is granted.

CR05-497. Tony Harper v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is granted.

CR05-511. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted.

CR05-562. Marcus Haliburton v. State of Arkansas, from Drew Circuit. Appellee's motion to dismiss appeal is granted.

CR05-586. Travis R. Reves v. State of Arkansas, from Sevier Circuit. Appellee's motion to dismiss appeal is granted.

CR05-587. Vincent Campbell v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal is granted.

CR05-656. Patricia Booker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as attorney on direct appeal and motion for extension of time is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-659. Michael Tyrone Cornice v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal is granted.

CR05-661. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted.

CR05-689. Johnny A. Rucker v. State of Arkansas, from Clark Circuit. Appellant's motion to file belated brief is granted.

CR05-751. Eddie Stanley Harris, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. "Bill" James to be relieved as counsel is granted.

CR05-751. Eddie Stanley Harris, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Charles D. Hancock for entry of appearance and brief time. Motion for entry of appearance is granted; extension of brief time moot.

CR05-788. Denise Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to correct the record is granted.

CR05-803. Steven Daniel Hicks v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to dismiss appeal is granted.

CR05-862. Prentis Lee Winkle v. State of Arkansas, from Miller Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-870. Alphonso Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to withdraw as attorney on direct appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-879. Coby Sullivan v. State of Arkansas, from Carroll Circuit, Western District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR05-890. Raymond E. Johnson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for rule on clerk is denied. Imber, J., not participating.

CR05-898. Christy Suzanne Vidos v. State of Arkansas, from Boone Circuit. Petition for writ of certiorari to complete the record. Petition granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-902. Tony Lee Pennington v. Honorable Gary R. Cottrell, Circuit Judge, from Crawford Circuit. Petition for writ of mandamus is denied.

02-1266. Robert McIntosh, Sr. v. State of Arkansas, from Perry Circuit. Motion to proceed in forma pauperis is granted.

02-1266. Robert McIntosh, Sr. v. State of Arkansas, from Perry Circuit. Motion for appointment of counsel is granted.

02-1266. Robert McIntosh, Sr. v. State of Arkansas, from Perry Circuit. Motion for writ of certiorari to correct or to settle the record. Moot.

03-1381. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Robert Paul Newman, from Professional Conduct Committee. Motion to file belated brief is granted.

04-430. Baptist Health v. Bruce E Murphy M.D. et al., from Pulaski Circuit, Thirteenth Division. Motion of Janet Cathey, M.D. for permission to file amicus curiae brief is denied. Special Justices Jim Boyd and David W. Doss would grant. Corbin, Imber, Dickey and Gunter, JJ., not participating.

04-659. Todd Templeton v. United Parcel Services, Inc., from Washington Circuit. Appellee's motion for attorney's fees and costs is granted.

04-1053. Jimmie L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Motions of Robert E. Shaver for entry of appearance, for brief time, and for withdrawal of request for extension of briefing schedule. Motion for entry of appearance granted; motion for brief time moot. Imber, J., not participating.

04-1132. Colby James Verdier et al. v. Lynne Verdier et al., from Sebastian Circuit, Greenwood District. Appellants' motion to dismiss appeal as to appellees, Lynne Verdier and James Verdier, is granted.

04-1162. Terry Jones v. Barbara Billingsly, from Independence Circuit. Appellant's motion to strike is granted.

04-1163. Miller Brewing Company v. Ed Roleson, Jr., Inc., from Crittenden Circuit. Appellant's motion to take judicial notice is denied.

04-1183. Mary Nelson Bogachoff v. Arkansas Department of Human Services, from Baxter Circuit. Motion to accept belated return of writ is granted.

04-1394. Richard Emmett Jones v. Mike Huckabee, Governor et al., from Pulaski Circuit, Fifth Division. Appellees' motion for substitution of counsel is granted.

05-72. Fern Austin v. Centerpoint Energy Arkla et al., from Pulaski Circuit, Third Division. Motion to correct appellees' brief is granted.

05-146. The Daily World v. Honorable L.T. Simes, Circuit Judge, from Phillips Circuit. Motion to file belated brief is granted.

05-193. Grover Smith v. AJ&K Operating Company et al., from Union Circuit. Motion for reconsideration of appellant's emergency motion for stay pending appeal is denied. Brown, J., not participating.

05-193. Grover Smith v. AJ&K Operating Company et al., from Union Circuit. Appellant's motion to file belated reply brief is granted. Brown, J., not participating.

05-193. Grover Smith v. AJ&K Operating Company et al., from Union Circuit. Appellant's motion to strike. Passed until case submitted. Brown, J., not participating.

05-355. Gregory S. Muzingo v. Board of Law Examiners, from State Board of Law Examiners. Appellant's motion for access to record and for extension of time to file brief is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

05-465. Julia F. Gilliam v. Probate Court of Pulaski County, from Pulaski Circuit, Sixth Division. Motion for reconsideration is denied.

05-466. Regions Bank v. Faith Forest Partners et al., from Columbia Circuit. Motion of cross-appellants to dismiss cross-appeal is granted.

05-466. Regions Bank v. Faith Forest Partners et al., from Columbia Circuit. Motion of Arkansas State Bank Department, Arkansas Community Bankers' Association, American Bankers' Association and the Arkansas Bankers' Association for leave to file amicus curiae brief in support of appellant is granted.

05-540. Leslie Reynolds et al. v. Mark Wilcox, Arkansas Commissioner of State Lands et al., from Pulaski Circuit, Sixth Division. Appellees' joint motion to dismiss appeal is granted. Motion for attorney's fees denied. Costs to be assessed by the clerk's office.

05-618. Stacy Abram, Jr. v. Nina B. Brown, from Crittenden Circuit. Motion to transfer. Moot.

05-619. Joseph L. Stephens v. Simmons Bank, from Jefferson Circuit. Dismissed.

05-631. Russellville Police Pension and Retirement Board v. Don Johnson, Pope County Clerk et al., from Pope Circuit. Appellant's motion for temporary mandatory injunction is denied.

05-638. Janetta Kearney v. City of Little Rock, from Pulaski Circuit, Thirteenth Division. Motion to proceed in forma pauperis is denied.

05-670. Crystal Moore v. Arkansas Department of Human Services, from Stone Circuit. Motion for rule on clerk is granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

05-722. Skit International, Ltd. et al. v. DAC Technologies of Arkansas, Inc. et al., from Pulaski Circuit, Second Division. Motion for rule on clerk is denied. Brown, J., not participating.

05-755. Tamara Fusilier v. Mitchell Fusilier, from Faulkner Circuit. Motion of FrancesE. Scroggins to withdraw as counsel is granted.

05-778. Candis Young v. Maria Barbera, from Sebastian Circuit, Fort Smith District. Motion for recusal (disqualification) of Ray Thornton, Robert Brown, Tom Glaze, Donald L. Corbin, Annabelle Clinton Imber, and Jim Hannah, as to the consideration of the petition for review, with request for hearing if the affected justices disagree with any factual statement in the motion is denied. Chief Justice Jim Hannah declines to recuse. Justice Tom Glaze declines to recuse. Justice Donald L. Corbin declines to recuse. Justice Robert Brown declines to recuse. Justice Annabelle Clinton Imber declines to recuse.

05-805. Gerald L. Brumley v. Otis Jeff Smith et al., from Garland Circuit. Appellant's petition for writ of certiorari to complete the record. Moot.

05-805. Gerald L. Brumley v. Otis Jeff Smith et al., from Garland Circuit. Appellees' motion to dismiss is granted. See Ark. R. App. P. - Civ. 5(b)(1)(D); 6(b) (2005). Gunter, J., not participating.

05-808. In Re: Harry Lawrence Yancey, Arkansas Bar No. 77150, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

05-814. Arkansas Department of Human Services v. Steven Sands et al., from Pulaski Circuit, Sixth Division. Appellees' motion for withdrawal and substitution of counsel is granted.

05-814. Arkansas Department of Human Services v. Steven Sands et al., from Pulaski Circuit, Sixth Division. Appellant's motion for reconsideration of final extension. Granted 30 days; final extension. Hannah, C.J., and Glaze and Corbin, JJ., would deny because Department of Human Services has other counsel on its staff.

05-824. Tommy F. Robinson et al. v. Wildlife Farms, II, LLC et al., from Monroe Circuit. Petition for writ of certiorari to complete the record. Granted 45 days.

05-829. Beverly Enterprises, Inc. et al. v. Vera Cooney et al., from Saline Circuit. Motion to supplement the record is granted.

05-833. Arkansas Department of Human Services v. Honorable Hamilton Hobbs Singleton, Circuit Judge, from Calhoun Circuit. Petition for writ of certiorari. Moot.

05-833. Arkansas Department of Human Services v. Honorable Hamilton Hobbs Singleton, Circuit Judge, from Calhoun Circuit. Petitioner's motion to dismiss petition for writ of certiorari is granted.

05-883. Tommy F. Robinson et al. v. Bank of Brinkley, from Monroe Circuit. Petition for writ of certiorari to complete the record. Granted 45 days.

05-910. Billy Joe Moody v. Farm Bureau Mutual Insurance Company of Arkansas, Inc., from Pulaski Circuit, Seventh Division. Motion for rule on clerk is granted. Brown, J., not participating.

05-956. Arkansas Department of Human Services v. Honorable Stacey Zimmerman, from Washington Circuit. Motion to expedite granted; petition for writ of prohibition and certiorari and for temporary stay is denied without prejudice. (Proceedings of September 6, 2005)

MOTIONS SUBMITTED

PETITION FOR REVIEW:

05-728. Arkansas Department of Human Services v. Ben Bixler, from Van Buren Circuit.

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CR04-1023. Raymond King v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration for attorney's fees.

CR05-806. Joseph Walter Wigley v. State of Arkansas, from Yell Circuit, Southern District. Appellee's motion to dismiss appeal.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Motion to strike arguments in appellant's reply brief.

05-814. Arkansas Department of Human Services et al. v. Steven Sands et al., from Pulaski Circuit, Sixth Division. Appellees' motion to correct caption and modify briefing schedule.

05-829. Beverly Enterprises, Inc. et al. v. Vera Cooney et al., from Saline Circuit. Joint motion for stay of appellate proceedings.

05-926. Wilma Lee v. Mark Martindale, M.D. et al., from Saline Circuit. Motion for rule on clerk.

05-926. Wilma Lee v. Mark Martindale, M.D. et al., from Saline Circuit. Petition for writ of certiorari to complete the record.

SUBMISSIONS

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Argued orally.

04-1112. The City of Dover, Arkansas v. The City of Russellville, Arkansas, from Pope Circuit.

04-1180. Kevin Shotzman et ux. v. Mike Berumen III, M.D. et al., from Sebastian Circuit, Fort Smith District.

04-1371. Douglas Stocks v. Affiliated Foods Southwest, Inc., from Pulaski Circuit, Second Division.

04-1394. Richard Emmett Jones v. Mike Huckabee, Governor et al., from Pulaski Circuit, Fifth Division.

05-9. Tom G. Clowers v. Arkansas Crime Information Center Supervisory Board et al., from Pulaski Circuit, Seventh Division.

05-86. Office of Child Support Enforcement v. Michael D. Pyron, from Washington Circuit.