TOM GLAZE, JUSTICE:

04-1180. Kevin Shotzman and Holly Shotzman v. Mike Berumen III, M.D.; Laura Dawkins, R.N.; Glenda Welty, R.N.; Diana Colley, R.N.; Sisters of Mercy Liability Fund; Shandra Hall, R.N.; Sisters of Mercy of the St. Louis Regional Community, Inc.; St. Edward Mercy Medical Center; and Sisters of Mercy Health System, from Sebastian Circuit, Fort Smith District. Affirmed. (22 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-1371. Douglas Stocks v. Affiliated Foods Southwest, Inc., from Pulaski Circuit, Second Division. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

04-646. National Enterprises, Inc. and Arkansas No. 1 LLC v. Donald D. Kessler and Mary L. Kessler et al., on their own behalf and on behalf of others similarly situated, from Garland Circuit. Affirmed in Part; Reversed and Remanded in Part. Motion to Limit the Record or, Alternatively, for Attorney's Fees and Costs Denied. Substituted Opinion on Denial of Rehearing. (18 PAGES PUBLISHED) [HTML, WP5.1]

04-1394. Richard Emmit Jones v. Michael Huckabee, Governor; Arkansas Crime Information Center & Charles Pruitt, from Pulaski Circuit, Fifth Division. Appeal Dismissed. (3 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

05-9. Tom G. Clowers, Constable in and for Washington County, District 2 v. Jack Lassiter, Hon. Jack Roberts, Lt. Col. Steve Dozier, Hon. H.G. Foster, J.D. Gingerich, G. David Guntharp, Harold Pointer, Cory Cox, Lt. Jim Montgomery, Larry Norris, David Raupp, Vicki Rima, Chief Danny Bradley and Sheriff Jay Winters, in their Official Capacity as the Supervisory Board of the Arkansas Crime Information Center and Sheriff Steve Whitmill (and his successor in office) as Sheriff of Washington County, Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

PETITION FOR REHEARING:

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Rehearing denied in part and granted in part; substituted opinion issued simultaneously. See Brown, J., opinion this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

05-680. Crawford County v. Dottie Jones, from Crawford Circuit.

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

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REVIEW DENIED: Petition for review was denied today in the following case.

05-755. Tamara Fusilier v. Mitchell Fusilier, from Faulkner Circuit. Imber, J., would grant.

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CR05-348. Melton Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for leave to file belated brief. Motion granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-912. Corey S. Turner v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellees' motion to tax costs is denied without prejudice.

04-1053. Jimmie L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion for extension of time to respond to brief of the appellees and cross-appellants. Granted to September 26, 2005.

CR04-1023. Raymond King v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration for attorney's fees is denied. Corbin and Gunter, JJ., would grant.

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

04-1112. City of Dover, Arkansas, Johnny Waldo, Mayor v. City of Russellville, Arkansas, from Pope Circuit. Rebriefing ordered. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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 is granted.

05-829. Beverly Enterprises, Inc. et al. v. Vera Cooney et al., from Saline Circuit. Joint motion for stay of appellate proceedings. Granted 120 days.

05-926. Wilma Lee v. Mark Martindale, M.D. et al., from Saline Circuit. Motion for rule on the clerk is granted; petition for writ of certiorari is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

05-973. Emergency order permitting lawyers displaced by Hurricane Katrina to continue representing clients from temporary offices in Arkansas. See per curiam. (Proceedings of September 9, 2005)

05-988. Jennifer Linder Johnson v. Honorable Tim Weaver, Judge, from Cleburne Circuit. Motion for emergency or accelerated proceedings granted; petition for writ of prohibition or, in the alternative, petition for a writ of certiorari is denied without prejudice. (Proceedings of September 14, 2005).

In Re: Committee on Automation. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Mr. Tom Leath of Conway, Arkansas, is appointed to the Committee
on Automation. Mr. Leath is replacing Ms. Jeanette Hamilton of North Little
Rock, whose term expires October 2006.

The Court extends its appreciation to Ms. Hamilton for her service on
this committee.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR05-745. Keith Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR05-746. Milton Morris v. State of Arkansas, from Sevier Circuit.

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

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to recall mandate.

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for funding for investigative and expert services.

CR05-411. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CR05-950. Jacquelyne Velcoff v. State of Arkansas, from Clark Circuit. Motion for belated appeal.

CR05-950. Jacquelyne Velcoff v. State of Arkansas, from Clark Circuit. Appellant's motion to supplement the record.

05-738. Curtis Brewer v. John Wayne Carter et al., from Faulkner Circuit. Appellee's motion to supplement the record and for brief time.

05-738. Curtis Brewer v. John Wayne Carter et al., from Faulkner Circuit. Separate appellees' motion for additional brief time.

05-814. Arkansas Department of Human Services et al. v. Matthew Lee Howard et al., from Pulaski Circuit, Sixth Division. Appellants' motion to supplement the record.

SUBMISSIONS

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Argued orally.

04-818. John Rose et al. v. Arkansas State Plant Board et al., from Pulaski Circuit, Third Division. Argued orally.

CR04-555. Joel Brian Holloway v. State of Arkansas, from Craighead Circuit, Western District.

CR04-1258. Leslie Ballard MacKool v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR05-36. Terik Joseph Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR05-77. Patrick M. Boyle v. State of Arkansas, from Benton Circuit.

CR05-195. Bryant S. Woods v. State of Arkansas, from Pulaski Circuit, Seventh Division