ARKANSAS COURT OF APPEALS

Opinions delivered
September 28, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR04-1275. Terrance Johnson v. State of Arkansas, from Jefferson Circuit. Affirmed. Gladwin and Glover, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-1332. Salvador Ayala v. State of Arkansas, from Washington Circuit. Reversed and Remanded. Hart, Robbins, Glover, Neal, and Roaf, JJ., agree. Gladwin, Crabtree, and Baker, JJ., dissent. (3 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR04-501. Kathleen DeChant v. State of Arkansas, from Washington Circuit. Affirmed. Neal and Vaught, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-257. Excelsior Hotel and Twin City Fire Insurance Company v. Larry Squires, from Workers' Compensation Commission. Affirmed. Neal and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR04-350. Francisco Batres Palma v. State of Arkansas, from Benton Circuit. Affirmed. Pittman, C.J., and Glover, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-990. Jose Enrique Mendiola v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Glover, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR04-1250. Christopher Gilbert v. State of Arkansas, from Pope Circuit. Affirmed. Neal and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-1261. Vincent Wayne Anderson v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman, C.J., and Glover, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1285. Clara Faye O'Dell and Fred O'Dell, Husband and Wife, Julie O'Dell Wilbur, Jonathan O'Dell and Joseph O'Dell v. David Lynn Rickett and Susan Rickett Rigsby, Nee Bennett, from Independence Circuit. Affirmed. Robbins, Glover, Neal, and Roaf, JJ., agree. Baker, J., dissents. (4 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-1036. James Benjamin Wright v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed in Part; Reversed and Dismissed in Part. Griffen and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA05-217. Lela I. Dollins v. L.A. Darling Company and Management Claims Solutions, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA04-1139. Rita Cerniglia et al. v. Frank Cerniglia, from Sebastian Circuit. Affirmed. Baker and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR05-109. Carl Wynn v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-192. Terry Bissell, Individually, and Bissell's Thriftway & Bissell's Grocery v. Eddie McGrew, from Howard Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-301. Vickie Lynn Hall Bridges v. Curtis Bridges and Laverne Bridges, Husband and Wife, from Jefferson Circuit. Reversed and Remanded. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR05-111. Roxie Marie Moreno v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman, C.J., and Gladwin, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-137. Karry Phillips et al. v. Alcoholic Beverage Control Division et al., from Independence Circuit. Reversed and Remanded. Pittman, C.J., and Gladwin, J., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-220. Christopher Earl Jowers v. Jamie Sue Jowers, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Pittman, C.J., and Gladwin, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR05-162. Paul Lester Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR05-214. Kimberly Ann Brown v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-255. Mo Morsy v. Marva Morsy Deloney, from Pulaski Circuit. Affirmed. Hart and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA04-359. Richard Angell v. Cooper Tire and Rubber Company, from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Robbins and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-298. Mark Rezanka v. Tena Rezanka, from Cleburne Circuit. Dismissed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR04-33. Christopher Elliott v. State of Arkansas, from Jackson Circuit. Affirmed in Part; Reversed and Dismissed in Part. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-936. Gary Barth v. Shannon Barth Carson and Dr. Jeff Carson, from Garland Circuit. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-965. Thomas McQueen Brown v. Debra K. Brown, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (23 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-216. George A. Abbott v. Ritchie Roofing, Inc. and Transportation Insurance Company, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-768. Andre Crawford v. State of Arkansas, from Phillips Circuit. Affirmed. Bird and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-962. Arkansas Department of Human Services v. Siloam Springs Nursing & Rehabilitation, from Pulaski Circuit. Circuit Court Reversed and Remanded with Directions to Reinstate Agency Decision. Bird and Baker, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA04-984. Billie J. Greenlee v. Mazda American Credit, from Washington Circuit. Reversed. Bird and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

E05-45. Walters, Hamby & Verkamp v. Director et al.

E05-86. Charlotte A. Hudlow v. Director et al.

E05-87. Brystal Y. May v. Director et al.

E05-88. Dashia Grady v. Director et al.

E05-89. Larry Roper v. Director et al.

E05-90. Deanna L. Robledo v. Director et al.

E05-91. Janet B. Waymack v. Director et al.

E05-92. Stephen B. Campbell v. Director et al.

E05-93. Phil's Eastside Pharmacy v. Director et al.

E05-94. Precious J. Stegall v. Director et al.

E05-95. Tondahue R. Jones v. Director et al.

E05-96. Sonja Harris v. Director et al.

PER CURIAM ORDERS

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

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

CACR03-1146. Michael Wrenn v. State of Arkansas, from Jefferson Circuit.

CACR04-1014. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Bird, J., would grant. (3 PAGES PUBLISHED) [HTML, WP5.1]

CACR04-1398. Darrell Watson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA04-884. Samuel Evans v. Benita Evans, from Pulaski Circuit, Fourteenth Division.

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CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's petition for writ of error coram nobis is denied.

CACR03-1146. Michael Wrenn v. State of Arkansas, from Jefferson Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $1,000.00.

CACR04-1299. Michael Myers v. State of Arkansas, from Jackson Circuit. Appellant's pro se petition for writ of error coram nobis and motion to stay is denied.

CACR05-144. Rochelle Walton v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is granted. Allowed $1,000.00.

CACR05-442. Jason Gregory Hull v. State of Arkansas, from Van Buren Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would make this the final extension. Crabtree, J., would deny.

CACR05-636. Nancy Martin v. State of Arkansas, from Jefferson Circuit. Appellee's motion to settle the record and for an extension of brief time. Remanded to the trial court to settle the record within ten days. Brief due thirty days thereafter.

CACR05-963. Jimmy Doyle Bumgardner v. State of Arkansas, from Grant Circuit. Motion of Stanley D. Christopher to be relieved and for substitution of Phyllis J. Lemons as counsel for appellant is granted. Glover, J., not participating.

CA05-235. Justin Eoff v. Arkansas Department of Human Services, from Benton Circuit. Appellant's pro se motion to file belated points for reversal is granted.

CA05-344. John T. Nimmer v. John W. Walker, from Pulaski Circuit, Third Division. Appellant's pro se motion for reconsideration is denied.

CA05-447. John S. Landingham, Sr. v. Arkansas Department of Human Services, from Benton Circuit. Appellant's motion for additional brief time is granted.

CA05-763. George M. Stokes v. Farmers Grain Terminal, Inc. et al., from Desha Circuit, Arkansas City District. Motion of appellee, Southern States Cooperative, to strike appellant's notice of appeal is denied.

CA05-857. Sharon Cornice v. Carrier Crockett Adjustment Insurance, from Workers' Compensation Commission. Appellant's pro se motion for appointment of counsel is denied.

CA05-969. Southeastern Distributing Company, Inc. v. Miller Brewing Company, from Jefferson Circuit. Appellant's motion for permission to check out portions of the record under seal and to stay briefing schedule is granted. See per curiam this date. Glover, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

E05-76. Ima Jean Carman v. Director et al., from Board of Review. Appellant's motion to file belated brief and for brief time is granted. Brief due within thirty days.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA04-1099. Jennifer Fritz, as Special Administratrix of the Estate of Georgia Fritz a/k/a Georgia Collins, Deceased v. Baptist Memorial Health Care Corporation d/b/a Baptist Memorial Nursing Center et al., from Mississippi Circuit, Chickasawba District.

CA05-118. Virginia A. Elder v. Alma L. Boyd, from Sebastian Circuit, Fort Smith District.

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CACR04-195. Richard Alan Thomas v. State of Arkansas, from Faulkner Circuit. Motion of Jennifer B. Wiggins for attorney's fees.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to compel counsel to file amended supplemental brief.

CACR04-1397. Gary Crawford v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.

CACR05-21. Eric Flowers v. State of Arkansas, from Crawford Circuit. Motion of Cecilia Ashcraft for attorney's fees.

CACR05-507. Harold E. Merriweather v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CACR05-887. Karess Dartell Jones v. State of Arkansas, from Craighead Circuit, Western District. Appellant's petition for writ of certiorari to complete the record and for brief time.

CACR05-892. Keithon Earl Bogan v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to set appeal bond.

CA04-1292. Brant Spaulding v. Regina Spaulding, from Pulaski Circuit, Fifteenth Division. Appellee's motion for substitution of counsel.

CA05-379. Tina K. Williams et al. v. Rector Phillips Morse, Inc. et al., from Pulaski Circuit, Sixth Division. Motion of appellee, Stewart Title Company of Arkansas, Inc., to strike appellants' reply brief.

CA05-385. Julius Lever, Jr. v. Justin Hamby, from Jefferson Circuit. Appellant's pro se petition for writ of certiorari to complete the record.

CA05-594. Tasha Orr v. Stephen Hudson, M.D. et al., from Lee Circuit. Appellees' petition for writ of certiorari to complete the record and for extension of brief time.

CA05-613. Steven Stouffer et al. v. T & L Janitorial, Inc., from Sebastian Circuit, Fort Smith District. Appellee's motion for relief to file reply to appellants' reply brief.

CA05-666. Oscar Stilley v. University of Arkansas at Fort Smith et al., from Sebastian Circuit, Fort Smith District. Appellant's petition for writ of certiorari to complete the record and for brief time.

CA05-734. Cottage Cafe, Inc. et al. v. Patricia Collette et al., from Workers' Compensation Commission. Motion of Appellee No. 2, Southern Guaranty Insurance Company, to correct-add parties.

CA05-763. George M. Stokes v. Farmers Grain Terminal, Inc. et al., from Desha Circuit, Arkansas City District. Appellant's motion to stay briefing schedule and supplement the record.

CA05-769. Mary Kathryn Heathscott et al. v. Elizabeth Cesena et al., from White Circuit. Appellees' motion to dismiss appeal.

CA05-904. Randy Long v. Kathy Long, from Independence Circuit. Appellant's motion for stay of appeal and enlargment of time to file appellant's brief.

E05-209. Lee M. Seale v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CA04-1070. Archer-Daniels-Midland Company v. Beadles Enterprises, Inc., from Monroe Circuit. Argued orally.

CA05-92. Joe Clark v. James Casebier, from Poinsett Circuit. Argued orally.

CACR04-583. Helen Marie Gately v. State of Arkansas, from Washington Circuit.

CACR04-1048. Torry Dontae Timmons v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR04-1287. Jason Daniel Pruss v. State of Arkansas, from Lonoke Circuit.

CACR04-1323. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR04-1340. Carolyn Sue Jones v. State of Arkansas, from Greene Circuit.

CACR04-1358. Troy A. Stark v. State of Arkansas, from Logan Circuit, Southern District.

CACR04-1391. Teresa Michelle Dick v. State of Arkansas, from Johnson Circuit.

CACR05-108. Jimmie Lee Simpson v. State of Arkansas, from Crittenden Circuit.

CACR05-160. Kevin Omar Morrison v. State of Arkansas, from Monroe Circuit.

CACR05-161. Robert Lee Owens v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR05-205. James Sherman Johnson v. State of Arkansas, from Crawford Circuit.

CA04-897. Glen Bashaw et al. v. State of Arkansas, from Drew Circuit.

CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit.

CA04-1203. Samuel Snowden v. Poulan/Weedeater, from Workers' Compensation Commission.

CA04-1295. Robert Hattabaugh et al. v. Jacquelyn E. Housley, from Scott Circuit.

CA05-174. Wingmead, Inc. v. Randall D. Lee, from Monroe Circuit.

CA05-248. Janie Neel v. Denise C. Harrison, from Baxter Circuit.

CA05-270. Pulaski County Special School District v. Becky Stalnaker, from Workers' Compensation Commission.

CA05-305. Michael E. Pollard v. Meridian Aggregates et al., from Workers' Compensation Commission.

CA05-319. Lisa Smith v. Sherry Coran, from Faulkner Circuit.

CA05-347. Office of Child Support Enforcement v. Robert Bradley, from Hempstead Circuit.

CA05-353. Nationwide Mutual Insurance Company v. Roxanne Cumbie, from Saline Circuit.

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

E05-110. Jeremiah Robinson v. Director et al.

E05-111. Carolyn D. Lawless v. Director et al.

E05-112. Sandra K. McDuffey v. Director et al.

E05-113. Melinda S. Burcham v. Director et al.

E05-114. Katherine B. Upshaw v. Director et al.

E05-115. Rebecca J. Booth v. Director et al.

E05-116. Discount Tobacco v. Director et al.

E05-117. Linda Jamison v. Director et al.

E05-118. Ricky Mendenhall v. Director et al.

E05-119. Lenda F. Ross v. Director et al.

E05-120. Detco Industries v. Director et al.

E05-121. Teresa A. Stout v. Director et al.