ARKANSAS COURT OF APPEALS

Opinions delivered
October 26, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA05-196. Michael Bell v. Ideal Construction Company, Inc., from Workers' Compensation Commission. Reversed and Remanded. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR04-849. Pete Augustus Lewis v. State of Arkansas, from Crawford Circuit. Affirmed. Glover and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA04-1021. Robert E. Jefferson v. Pediatric Specialty Care, Inc., from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Glover, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-245. Irvin Benton Robinson v. Ronald Wallace, Individually and as Executor of the Estate of Alice Robinson, from White Circuit. Affirmed. Robbins and Baker, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR05-191. Michael Wayne Durden v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Gladwin and Baker, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA04-70. Clifford Castor v. Southfork Café, Houston General Insurance Company, and Second Injury Fund, from Workers' Compensation Commission. Affirmed. Gladwin and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR05-197. Blake Patrick McLaughlin v. State of Arkansas, from Washington Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-427. Arkansas Department of Correction Sex Offender Screening and Risk Assessment v. Robert J. Claybaugh, Jr., from Sebastian Circuit. Affirmed. Baker and Roaf, JJ., agree. (21 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR05-211. Kendra Katrise Deshazer v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR05-241. Isaac Dewayne Russell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-157. Dianna Larsen v. Family Dollar Stores of Arkansas, Inc., from Crittenden Circuit. Affirmed. Hart and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR05-244. Travis J. Pearson, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Pittman, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-249. Jeffrey McLain v. State of Arkansas, Office of Child Support Enforcement, from Garland Circuit. Affirmed. Pittman, C.J., and Bird, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit. Rebriefing Ordered. Griffen and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1380. Sue Helen McHaffey v. William F. McHaffey, from Clay Circuit. Affirmed. Griffen and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA05-30. Sherry Childers (Casey) v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Hart and Glover, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR05-364. Charles Leon Weatherford v. State of Arkansas, from Sebastian Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA05-61. Kathy Swanner v. Haworth, Inc., from Workers' Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [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).

E05-122. 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.

PER CURIAM ORDERS

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

CACR04-1034. Deborah Broadway Hutcheson v. State of Arkansas, from Saline Circuit.

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

Crabtree, J., would grant.

CA05-62. Luciana Frazier v. Arkansas Department of Correction, from Workers' Compensation Commission.

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

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CACR04-1169. Timothy M. Hinds v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Mike Dabney for attorney's fees. Granted. Allowed $1,000.00.

CACR05-159. William Moore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Mac Golden for attorney's fees. Granted. Allowed $1,000.00.

CACR05-600. Steven Sparks v. State of Arkansas, from Washington Circuit. Appellant's motion for additional brief time. Granted. Griffen, J., would make this the final extension.

CACR05-727. Donald Covert v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal. Granted.

CACR05-906. Elvie Tremain Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Gregory E. Bryant to be substituted as counsel for appellant. Remanded to the trial court for a hearing and findings pursuant to Brewer v. State, 64 Ark. App. 372, 984 S.W.2d 65 (1998). Griffen, J., would deny.

CACR05-906. Elvie Tremain Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Erin Vinett to withdraw as counsel for appellant. Motion passed until return of trial court's findings pursuant to Brewer v. State, 64 Ark. App. 372, 984 S.W.2d 65 (1998). Griffen, J., would deny.

CA04-1183. Mary Nelson Bogachoff v. Arkansas Department of Human Services, from Baxter Circuit. Appellant's motion to supplement the record. Granted. Supplemental record due within thirty days. Brief due within thirty days thereafter.

CA04-1292. Brant Spaulding v. Regina Spaulding, from Pulaski Circuit, Fifteenth Division. Appellee's renewed and supplemented motion to dismiss appeal. Granted.

CA05-178. Garrett Kirby Hunt v. State of Arkansas, from Sharp Circuit. Motion of Tim Cullen for attorney's fees. Granted. Allowed $1,000.00 in fees and $45.42 in expenses. Vaught and Crabtree, JJ., not participating.

CA05-208. Ken's Discount Building Materials, Inc. v. Steven Meeks, from Union Circuit. Appellee's motion for additional brief time. Granted. Vaught, J., would make this the final extension. Griffen and Crabtree, JJ., would deny.

CA05-220. Christopher Earl Jowers v. Jamie Sue Jowers, from Benton Circuit. Appellant's motion for costs. Moot. Costs assessed on October 18, 2005, mandate.

CA05-220. Christopher Earl Jowers v. Jamie Sue Jowers, from Benton Circuit. Appellee's motion for costs. Moot. Costs assessed on October 18, 2005, mandate.

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. Moot. Vaught, J., not participating.

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. Granted. Vaught, J., not participating.

CA05-322. Bommie Ridgell v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Linda Ward for attorney's fees. Granted. Allowed $1,000.00 in fees and $262.78 in expenses.

CA05-385. Julius Lever, Jr. v. Justin Hamby, from Jefferson Circuit. Appellant's pro se motion for writ of certiorari. Denied. Roaf, J., would grant. Pittman, C.J., not participating.

CA05-456. Jeffrey Porter et al. v. Arkansas Department of Human Services, from Little River Circuit. Appellant's motion for additional brief time. Granted. Brief due November 2, 2005. Griffen and Crabtree, JJ., would deny.

CA05-493. Rebecca Tuck v. Arkansas Department of Human Services, from Washington Circuit. Appellant's motion for a supplemental addendum. Denied.

CA05-493. Rebecca Tuck v. Arkansas Department of Human Services, from Washington Circuit. Appellant's motion to file belated reply brief. Granted.

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

CA05-771. Shannon Sanders v. Michael Clark, from Craighead Circuit, Western District. Appellee's motion to dismiss appeal. Granted.

CA05-791. Allen Bullington et al. v. Red Roper Club, Ltd. d/b/a Electric Cowboy of Fort Smith et al., from Sebastian Circuit, Fort Smith District. Appellants' motion to consolidate this appeal with CA05-937. Granted.

CA05-795. Guy Moon v. David F. Gillison, Jr., et al., from Chicot Circuit. Appellant's pro se motion for show cause hearing. Denied.

CA05-846. FMCO Promotions d/b/a Air Charter Express v. Pratt & Whitney Engine Service, from Stone Circuit. Appellant's motion to substitute brief. Granted.

CA05-911. Flagstar Bank v. Rose Marie Gibbins et al., from Pulaski Circuit, Third Division. Motion of Kenny Ganus and Sandi Ganus to dismiss appeal and to be shown as appellees. Denied.

CA05-911. Flagstar Bank v. Rose Marie Gibbins et al., from Pulaski Circuit, Third Division. Motion of intervenor/appellees to correct caption/designation of parties. Granted.

CA05-911. Flagstar Bank v. Rose Marie Gibbins et al., from Pulaski Circuit, Third Division. Appellant's motion to correct the record. Remanded to the trial court to settle the record within thirty days.

CA05-937. Allen Bullington et al. v. Red Roper Club, Ltd. d/b/a Electric Cowboy of Fort Smith et al., from Sebastian Circuit, Fort Smith District. Appellants' motion to stay briefing schedule pending motion to consolidate with CA05-791. Granted. Brief due within thirty days.

CA05-944. Dana Milam v. Arkansas Department of Human Services, from Pope Circuit. Motion of Glen Hoggard for appointment of substitute counsel and for brief time. Granted. Brief due within thirty days.

CA05-969. Southeastern Distributing Company, Inc. v. Miller Brewing Company, from Jefferson Circuit. Appellant's motion for permission to number and index exhibits and for brief time. Granted. Glover, J., not participating.

CA05-997. Cheryl Haury v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Linda Ward to dismiss appeal. Granted. Pittman, C.J., Hart and Roaf, JJ., would deny.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR04-768. Andre Crawford v. State of Arkansas, from Phillips Circuit.

CACR04-1332. Salvador Ayala v. State of Arkansas, from Washington Circuit.

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CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Motion of Nona M. Morris to withdraw as counsel for appellant and for attorney's fees.

CACR04-851. David Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles D. Hancock for attorney's fees.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to relieve counsel.

CACR04-1261. Vincent Wayne Anderson v. State of Arkansas, from Lonoke Circuit. Motion of Charles D. Hancock for attorney's fees.

CACR05-108. Jimmie Lee Simpson v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR05-779. Charles Higgins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams for appointment of counsel for appellant.

CA05-390. Brandy Halton v. Arkansas Department of Human Services, from Cleburne Circuit. Attorney Ad Litem's motion to file belated notice of appeal, or in the alternative, motion to file responsive brief arguing against the trial court.

CA05-429. Chester Butler et al. v. Leon Harvest, from Drew Circuit. Appellants' petition for writ of certiorari to complete the record and for extension of brief time.

CA05-615. Angela Heather Nutt Brumley v. Seth Allen Vinson, from Union Circuit. Appellee's amended petition for writ of certiorari to complete the record and for extension of time to file brief.

CA05-796. First United, Inc. v. Chicago Title Insurance Company et al., from Garland Circuit. Appellant's motion for additional brief time.

CA05-800. Edward Zane Fair et ux. v. LEDC, from Independence Circuit. Appellee's motion to dismiss appeal.

CA05-823. St. Vincent Health Systems et al. v. Linda K. Jobe, from Workers' Compensation Commission. Appellants' motion to strike appellee's brief and, alternatively, for additional timeto file reply brief.

CA05-832. Kyle Coombs v. Hot Springs Village Property Owners Association et al., from Garland Circuit. Appellant's motion for additional brief time.

CA05-856. Chong Sun Yu v. Metropolitan Fire Extinguisher Company, from Pulaski Circuit, Seventh Division. Appellant's motion to amend addendum to abstract, brief and addendum.

CA05-891. Jerald L. Medlock, Jr. v. Michelle Mitchell, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

E04-280. Home Care Professionals of Arkansas, Inc. v. Director et al., from Board of Review. Appellant's motion to correct transcript and to stay brief time.

SUBMISSIONS

CA05-28. BYME, Inc. v. Jackie S. Ivy, from Craighead Circuit, Western District. Argued orally.

CA05-432. Jeffery W. Ashcraft v. Headlee's Industrial Company, from Workers' Compensation Commission. Argued orally.

CACR04-1239. Randal C. Sain v. State of Arkansas, from Garland Circuit.

CACR04-1367. Sean P. Tumlison v. State of Arkansas, from Drew Circuit.

CACR05-10. Evander Ridgel v. State of Arkansas, from Grant Circuit.

CACR05-38. Danny Eugene Marchant v. State of Arkansas, from Washington Circuit.

CACR05-250. Mertin Fondren v. State of Arkansas, from Crittenden Circuit.

CACR05-331. Alfred Flowers v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA04-1271. Kent Smith, D.V.M. v. Jimmy Winemiller, from Perry Circuit.

CA05-6. Lennox Industries, Inc. v. Byron Owens, from Workers' Compensation Commission.

CA05-76. Jane Stanley et al. v. Scottie Burchett et al., from Saline Circuit.

CA05-194. Randy Carver v. Pam Carver, from Pulaski Circuit, Thirteenth Division.

CA05-239. Robert L. Dison, Jr. v. Therral Story Well Service, from Workers' Compensation Commission.

CA05-292. Rose A. Dorris v. Townsends of Arkansas, Inc., from Workers' Compensation Commission.

CA05-361. Darlene Byrd v. David A. Byrd, from Boone Circuit.

CA05-370. Arkansas Department of Human Services v. Marzell Hampton, from Pulaski Circuit, Seventh Division.

CA05-388. Shirley Wells v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

CA05-404. Nationwide Mutual Fire Insurance Co. v. Fleetwood Homes of Tennessee, Inc., from White Circuit.

CA05-412. Ronald J. White et al. v. Jerry McGowen et al., from Washington Circuit.

CA05-416. Gregory Stone Norris v. Jennifer Norris Farmer, from Desha Circuit, McGehee District.

CA05-434. Glenn Eskola v. Little Rock School District et al., from Workers' Compensation Commission.

CA05-450. Clifford V. Vanderpool, III v. Paula E. Vanderpool, from Benton Circuit.

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

E04-417. Brenda L. Gassaway v. Director et al.

E05-21. Benton County Home Health Care, Inc. v. Director et al.

E05-134. Dewayne Brown v. Director et al.

E05-136. Sandra H. Box v. Director et al.

E05-137. Brice T. Ogdon v. Director et al.

E05-138. Terry L. Davis v. Director et al.

E05-139. Lorrie A. Powell v. Director et al.

E05-140. Kenneth T. Champagne v. Director et al.

E05-141. Cheryl Englert v. Director et al.

E05-143. Sharon R. Jones v. Director et al.

E05-144. John G. Smith v. Director et al.

E05-145. Becky L. Wilkerson v. Director et al.

E05-146. Nathaniel S. Carter v. Director et al.

E05-147. Anne J. Sims v. Director et al.