ARKANSAS COURT OF APPEALS

Opinions delivered
November 2, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA04-1307. Delmar Ray Smith v. Arkansas Department of Human Services, from Faulkner Circuit. Affirmed. Gladwin and Glover, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR04-1004. Fred Moore v. State of Arkansas, from Pulaski Circuit. Affirmed. Glover and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-967. Burma Jean Martin, John Paul Martin and Hazel Martin v. Michael Knollmeyer et al., from Pulaski Circuit. Affirmed. Glover and Crabtree, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-182. Ronald Robson v. Deborah Robson, from Poinsett Circuit. Affirmed in Part; Reversed in Part and Remanded. Glover and Crabtree, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA04-1243. John C. House v. Debra D. House, from Crawford Circuit. Affirmed. Robbins and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-978. Junior Lee Evans v. State of Arkansas, from Carroll Circuit, Western District. Affirmed. Gladwin and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-870. Donna Wallis Wiley v. Arkansas Department of Human Services and Minor Children, from Stone Circuit. Affirmed. Gladwin and Baker, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR04-1315. Michael L. Venn v. State of Arkansas, from Benton Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA04-1298. Amber Hurtt v. Tim Hurtt and Doris Hurtt, from Fulton Circuit. Reversed and Remanded. Vaught and Roaf, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA05-114. Ray Sebastian v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR05-238. Jeff Juckett v. State of Arkansas, from Saline Circuit. Affirmed. Pittman, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-909. Larry Shannon d/b/a Economy Wrecker Service v. Arkansas Towing and Recovery Board, from Pulaski Circuit. Affirmed. Bird, J., agrees. Pittman, C.J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR05-240. Brian Erving Ridley v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR04-985. Wilfred J. Vallien, Jr. v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Glover, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-296. Brian Darrell Hattabaugh v. State of Arkansas, from Crawford Circuit. Affirmed. Glover, J., agrees. Hart, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-367. Riverside Marine Remanufacturers, Inc. v. Patrick J. Booth and Juanita P. Booth, from Pulaski Circuit. Reversed and Remanded. Hart and Glover, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA04-1138. Lorrie Ann McNeil v. Donald Keith McNeil, from Marion Circuit. Affirmed in Part; Reversed and Remanded in Part. Gladwin and Neal, JJ., concur. (8 PAGES + 2-PAGE CONCURRENCE + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA05-204. Arvest Bank Group, Royal and Sun Alliance, and Clarendon National Insurance Company v. Laurie Beckman, from Workers' Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR05-259. Daniel M. Ormsby v. State of Arkansas, from Van Buren Circuit. Affirmed. Griffen and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CACR04-768. Andre Lamont Crawford v. State of Arkansas, from Phillips Circuit. Crabtree, J., would grant.

CACR04-1332. Salvador Ayala v. State of Arkansas, from Washington Circuit. Gladwin, Crabtree, and Baker, JJ., would grant.

CA04-987. Franklin A. Davis v. Little Rock School District, from Pulaski Circuit, First Division.

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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. Granted. Allowed $1,000.00 in fees and $666.85 in expenses. Bird, J., not participating.

CACR04-851. David Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles D. Hancock for attorney's fees. Denied. See Ark. Sup. Ct. R. 6-6(c).

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

CACR04-1261. Vincent Wayne Anderson v. State of Arkansas, from Lonoke Circuit. Motion of Charles D. Hancock for attorney's fees. Granted. Allowed $1,000.00.

CACR05-108. Jimmie Lee Simpson v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees. Granted. Allowed $900.00.

CACR05-205. James Sherman Johnson v. State of Arkansas, from Crawford Circuit. Motion of Stacy D. Fletcher for attorney's fees. Granted. Allowed $1,000.00.

CACR05-205. James Sherman Johnson v. State of Arkansas, from Crawford Circuit. Motion of Stacy D. Fletcher to withdraw as counsel for appellant. Granted.

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

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. Denied. Hart, Griffen, Crabtree, Baker, and Roaf, JJ., would grant.

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. Granted. Record due within thirty days. Brief due within thirty days thereafter.

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. Granted. Record due within thirty days. Brief due within thirty days thereafter.

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

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 time to file reply brief. Motion to strike appellee's brief is denied. Appellant's reply brief due within thirty days.

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

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. Granted. Supplemental brief due within twenty days. Appellee granted twenty days thereafter to file a supplemental brief if it chooses. Glover, J., not participating.

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. Granted. Brief due within thirty days.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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, Sixth Division.

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CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion to amend motion to dismiss conviction and to reverse order revoking probation.

CACR05-176. Kevin Dale Pennington v. State of Arkansas, from Crawford Circuit. Motion of Harvey Harris for attorney's fees.

CACR05-226. Heath L. Hobbs v. State of Arkansas, from Arkansas Circuit, Southern District. Appellant's motion for reconsideration.

CACR05-775. Jimmy D. Bumgardner v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal.

CACR05-858. William Earl Cutts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CA05-527. Farmers Insurance Company, Inc. v. Harry Snowden, from Faulkner Circuit. Appellant's motion to take judicial notice and to defer consideration of this motion until consideration of the merits.

CA05-926. Wilma Lee v. Mark Martindale, M.D. et al., from Saline Circuit. Appellant's motion to consolidate with CA05-1128, and in the alternative, motion to stay brief time.

CA05-1002. Leo Sousan Yang v. Beverly G. Sousan, from Garland Circuit. Appellee's motion to dismiss appeal.

CA05-1128. Wilma Lee v. Mark Martindale, M.D. et al., from Saline Circuit. Appellant's motion to consolidate with CA05-926 and to stay brief time.

E05-76. Ima Jean Carman v. Director et al., from Board of Review. Appellant's motion for additional brief time.

SUBMISSIONS

CA05-383. Vickie Posey et al. v. St. Bernard's Healthcare, Inc. et al., from Craighead Circuit, Western District. Argued orally.

E04-385. Southwestern Bell Telephone v. Director et al., from Board of Review. Argued orally.

CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR04-395. Rodell Avery, Jr. v. State of Arkansas, from Calhoun Circuit.

CACR05-60. Stephen Dalton and Wesley Bulloch v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR05-139. Steven Joseph Holcomb v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR05-289. Craig Alan Harris v. State of Arkansas, from Crawford Circuit.

CACR05-335. Ronald Lynn Fulton v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA05-363. Bobby Stewart v. Arkansas Glass Container, from Workers' Compensation Commission.

CA05-368. Gerry Rosenboom v. Holly Springs Real Estate, from Polk Circuit.

CA05-402. Poinsett County v. James Baney, from Workers' Compensation Commission.

CA05-407. Ken's Truck & Refrigeration v. Paul Cunningham, from Workers' Compensation Commission.

CA05-415. Kevin Meins v. Judy C. Meins Shook, from Pulaski Circuit, Thirteenth Division.

CA05-436. Richard A. Lobbs v. Gattis Excavating, Inc., from Workers' Compensation Commission.

CA05-449. Sarah Ellenbecker v. Security Alert, Inc. et al., from Workers' Compensation Commission.

CA05-470. Revertis Gist v. Sanyo Manufacturing Corporation, from Workers' Compensation Commission.

CA05-474. Musson Custom Building, Inc. v. Gilmar Villadares, from Workers' Compensation Commission.

CA05-479. Fayetteville School District v. James Kunzelman, from Workers' Compensation Commission.

CA05-485. Peggy B. Jackson v. Pike County, from Workers' Compensation Commission.

CA05-500. Gayla Webb v. Jason I. Stuart, from Sebastian Circuit, Fort Smith District.

CA05-524. Shavernon Gains, Vernon Gains and Valencia Gaines v. State of Arkansas, from Desha Circuit, Arkansas City District.

CA05-544. McDonald Mobile Homes, Inc. v. BankAmerica Housing Services, from Carroll Circuit, Eastern District.

CA05-660. Arthur Lewis v. Al M. Crelia et al., from Pope Circuit.

CA05-703. Tisha Pauline Sill v. Charles Bradley Sill, from Benton Circuit.