ARKANSAS COURT OF APPEALS

Opinions delivered
October 5, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-1062. Shelley Mahan v. Arkansas Department of Human Services, from Pope Circuit. Affirmed. Gladwin and Glover, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR05-117. Mark Lasker v. State of Arkansas, from Faulkner Circuit. Affirmed. Neal and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-842. Jones Brothers, Inc. et al. v. Journagan Construction Company et al. v. Leslie A. Keeter et al., from Workers' Compensation Commission. Affirmed. Neal and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR04-1245. Edrick D. Ellis v. State of Arkansas, from Union Circuit. Affirmed. Pittman, C.J., and Glover, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-1211. Adair Toston v. State of Arkansas, from Chicot Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR05-176. Kevin Dale Pennington v. State of Arkansas, from Crawford Circuit. Affirmed. Baker and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CA05-186. Kokie Alandis Thuston v. State of Arkansas, from Conway Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-322. Bommie Ridgell and Latricia Watson v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-1262. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Rebriefing Ordered. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1186. Neste Polyester, Inc. v. Frank Burnett et al., from Sebastian Circuit. Affirmed. Vaught, J., agrees. Hart, J., concurs. (10 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-1279. Charles V. Simmons v. State of Arkansas, from Cleburne Circuit. Rebriefing Ordered. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-22. Susie Bowling v. HMO Partners, Inc., d/b/a Health Advantage, from Craighead Circuit. Affirmed. Gladwin and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR05-82. Narvell Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1193. Rebecca Chandler v. The Arkansas Appraisers Licensing and Certification Board, from Pulaski Circuit. Reversed and Remanded. Robbins and Griffen, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-644. Lovella R. Thomas v. State of Arkansas, from Sebastian Circuit. Affirmed. Baker, J., agrees. Bird, J., concurs. (10 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA04-1153. Roxie E. Boyette, a Single Person and James W. Boyette, a Single Person v. Ray F. Vogelpohl and Teresa M. Vogelpohl, Husband and Wife, from Pulaski Circuit. Reversed and Remanded. Glover, Neal and Baker, JJ., agree. Gladwin and Griffen, JJ., dissent. (9 PAGES + 6-PAGE DISSENT 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).

E05-97. Kimberly Ann Weaver v. Director et al.

E05-98. Eleah A. Stuart v. Director et al.

E05-99. Myria Johnson v. Director et al.

E05-100. Wilfredo Morales v. Director et al.

E05-101. Lance M. Beaird v. Director et al.

E05-102. Rosie Collier v. Director et al.

E05-104. James W. Anderson, Jr. v. Director et al.

E05-105. Ivan L. Stephens v. Director et al.

E05-106. Elaine I. Brown v. Director et al.

E05-107. Amanda M. Mohammed v. Director et al.

E05-108. Johnny Treece v. Director et al.

E05-109. Leroy Johnson v. Director et al.

PER CURIAM ORDERS

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

CACR04-888. Jose Manuel Meraz-Lopez v. State of Arkansas, from Crawford Circuit. Pittman, C.J., and Crabtree, J., would grant. (2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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 is granted. Allowed $750.00.

CACR04-888. Jose Manuel Meraz-Lopez v. State of Arkansas, from Crawford Circuit. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,200.00.

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 is denied.

CACR04-1397. Gary Crawford v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $1,000.00.

CACR05-21. Eric Flowers v. State of Arkansas, from Crawford Circuit. Motion of Cecilia Ashcraft for attorney's fees is granted. Allowed $1,000.00.

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

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 is granted. Record due within thirty days. Brief due thirty days thereafter. Pittman, C.J., would remand to the trial court to settle the record.

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

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

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 is denied.

CA05-385. Julius Lever, Jr. v. Justin Hamby, from Jefferson Circuit. Appellant's pro se petition for writ of certiorari to complete the record is denied. Pittman, C.J., not participating.

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. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter. Glover, J., not participating.

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 is denied.

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. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

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 is granted.

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 is granted.

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

CA05-904. Randy Long v. Kathy Long, from Independence Circuit. Appellant's motion for stay of appeal and enlargement of time to file appellant's brief. Granted. Appeal stayed for sixty days.

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

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

CA04-374. Josephine Barry Rogers v. Doyle Rogers, Jr., from Pulaski Circuit, Seventeenth Division.

CA05-179. Hardy Little and Loretta Little v. Jonesboro Country Club, from Craighead Circuit, Western District.

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CACR04-1111. Jessie Garcia v. State of Arkansas, from White Circuit. Motion of Martin J.Patterson to be relieved as counsel for appellant.

CACR05-226. Heath Hobbs v. State of Arkansas, from Arkansas Circuit, Southern District. Appellant's motion for rule on clerk to accept brief.

CACR05-267. Jimmie D. Osborne v. State of Arkansas, from Jackson Circuit. Appellant's motion for additional brief time.

CACR05-269. James Richard Dortch v. State of Arkansas, from Crawford Circuit. Appellant's motion for extension of time to correct brief and for writ of certiorari to complete the record.

CACR05-442. Jason Gregory Hull v. State of Arkansas, from Van Buren Circuit. Appellant's motion for additional brief time.

CACR05-724. Jessica Powell v. State of Arkansas, from Pope Circuit. Motion of John R. Irwin to be substituted as counsel for appellant and for brief time.

CACR05-774. Ralph Miller v. State of Arkansas, from Clay Circuit, Western District. Appellant's motion for enlargement of time to file belated supplemental record and for brief time.

CA04-936. Gary Barth v. Shannon Barth Carson, from Garland Circuit. Appellee's motion for costs.

CA04-987. Franklin Davis v. Little Rock School District, from Pulaski Circuit, First Division. Appellant's motion to file belated petition for rehearing.

CA05-313. Sheila Lynette Ison et al. v. Southern Farm Bureau Casualty Insurance Company

et al., from Pulaski Circuit, Third Division. Appellants' objection and motion to supplement abstract filed by appellees.

CA05-313. Sheila Lynette Ison et al. v. Southern Farm Bureau Casualty Insurance Company et al., from Pulaski Circuit, Third Division. Appellees' motion to strike objection and supplemental abstract of appellants.

CA05-390. Brandy Halton v. Arkansas Department of Human Services, from Cleburne Circuit. Appellee's motion to accept belated supplement to the record.

CA05-456. Jeffrey Porter et al. v. Arkansas Department of Human Services, from Little River Circuit. Appellant's motion for additional brief time.

CA05-653. Frederick Lee Pitchford v. City of Earle, from Crittenden Circuit. Appellant's pro se motion to file belated brief.

CA05-826. Lee Murchison v. Safeco Insurance Company of Illinois, from Pulaski Circuit, Third Division. Appellee's motion for reconsideration.

CA05-842. Alexander Moix v. State of Arkansas, from Faulkner Circuit. Motion of David R. Hogue to be relieved as counsel for appellant.

CA05-1060. Marvin Kelly Kirkland v. State of Arkansas, from Lonoke Circuit. Motion of Larry K. Cook to be relieved as counsel for appellant and to stay brief time.

SUBMISSIONS

CA03-1299. Baxter County Regional Hospital v. Arlene Dixon, from Workers' Compensation Commission. Argued orally.

CACR04-849. Pete Augustus Lewis v. State of Arkansas, from Crawford Circuit.

CACR05-140. Jose Feliciano Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR05-191. Michael Wayne Durden v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR05-197. Blake Patrick McLaughlin v. State of Arkansas, from Washington Circuit.

CACR05-211. Kendra Katrise Deshazer v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR05-241. Isaac Dewayne Russell v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR05-244. Travis J. Pearson, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit.

CACR05-296. Brian Darrell Hattabaugh v. State of Arkansas, from Crawford Circuit.

CACR05-364. Charles Leon Weatherford v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA03-967. Burma Jean Martin v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division.

CA04-70. Clifford Castor v. Southfork Cafe, from Workers' Compensation Commission.

CA04-1376. Thomas F. Oliver v. Virginia H. Oliver Fayad, from Pulaski Circuit, Seventeenth Division.

CA04-1380. Sue Helen McHaffey v. William F. McHaffey, from Clay Circuit, Eastern District.

CA05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

CA05-61. Kathy Swanner v. Haworth, Inc., from Workers' Compensation Commission.

CA05-157. Dianna Larsen v. Family Dollar Stores of Arkansas, Inc., from Crittenden Circuit.

CA05-196. Michael Bell v. Ideal Construction Company, Inc., from Workers' Compensation Commission.

CA05-245. Irvin Benton Robinson v. Ronald Wallace, from White Circuit.

CA05-249. Jeffrey McLain v. Office of Child Support Enforcement, from Garland Circuit.

CA05-291. Wal-Mart Stores, Inc. v. Irena King, from Workers' Compensation Commission.

CA05-310. Charles Lawrence v. City of Texarkana, from Miller Circuit.

CA05-464. Rebecca Causer v. Arkansas Department of Human Services, from Marion Circuit.

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

E05-122. John E. James v. Director et al.

E05-123. Plumber L. Harshaw v. Director et al.

E05-124. Debbie S. Boswell v. Director et al.

E05-125. Gloria J. Stafford v. Director et al.

E05-126. Paul E. Carter v. Director et al.

E05-127. Alma T. Gipson v. Director et al.

E05-128. Emila G. Wooldridge v. Director et al.

E05-129. Andrew Harlin v. Director et al.

E05-130. Markiba Johnson v. Director et al.

E05-131. William Gabriel v. Director et al.

E05-133. Francis Y. Tate v. Director et al.

E05-135. Deloris A. Bonney v. Director et al.