JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR04-926. Sheila Dianne Besly v. State of Arkansas, from Lonoke Circuit. Affirmed. Gladwin and Glover, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

E04-417. Brenda L. Gassaway v. Director, Arkansas Employment Security Department, from the Arkansas Board of Review. Affirmed. Bird and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR04-1048. Torry Dontae Timmons v. State of Arkansas, from Arkansas Circuit. Affirmed. Robbins and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-432. Jeffery Ashcraft v. Headlee's Industrial Company, Inc., from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA05-76. Jane Stanley and Rose Mary Lattin v. Scottie L. Burchett and Dick W. Burchett, from Saline Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Gladwin and Baker, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA05-148. David G. Coffee and Kelly Lynn Coffee v. Gary Zolliecoffer and Linda Zolliecoffer, from Franklin Circuit. Affirmed. Pittman, C.J., and Hart and Glover, JJ., agree. Vaught and Crabtree, JJ., concur. Gladwin, Griffen, and Neal, JJ., dissent. (11 PAGES + 4-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA05-256. City of Cabot v. Robert and Louise Brians, from Lonoke Circuit. Reversed and Remanded. Hart, Neal, Vaught, and Crabtree, JJ., agree. Griffen, J., dissents. (10 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

E05-21. Benton County Home Health Care v. Director, Employment Security Department and Pat K. Hough, from the Arkansas Board of Review. Affirmed. Gladwin and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA04-1271. Perry Vet Services v. Jimmy and Becky Winemiller, d/b/a Iron Horse Farm, from Perry Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1393. Sams Management Group, Inc. v. Digital Printing Solutions, Inc., from Benton Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-1367. Sean P. Tumlison v. State of Arkansas, from Drew Circuit. Reversed and Remanded. Vaught and Roaf, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CA04-1008. Second Injury Fund v. Sedgwick James of Arkansas, G.E. Railcar Repair, and Calvin Randle, from Workers' Compensation Commission. Affirmed on Direct Appeal and on Cross-Appeal. Hart and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-6. Lennox Industries, Inc. and ESIS, Third Party Administrator v. Byron Owens, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR05-10. Evander Ridgel v. State of Arkansas, from Grant Circuit. Affirmed. Bird, J., agrees. Pittman, C.J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-388. Shirley Wells v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Bird, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR05-38. Danny Eugene Marchant v. State of Arkansas, from Washington Circuit. Affirmed. Griffen and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA05-416. Gregory Stone Norris v. Jennifer Norris Farmer, from Desha Circuit. Affirmed. Hart and Glover, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA05-291. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Irena King, from Workers' Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA05-239. Robert L. Dison, Jr. v. Therral Story Well Service, from Workers' Compensation Commission. Affirmed. Vaught, J., agrees. Griffen, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-404. Nationwide Mutual Fire Insurance Company v. Fleetwood Homes of Tennessee, Inc., from White Circuit. Affirmed on Direct Appeal; Reversed on Cross-Appeal. Griffen and Vaught, JJ., agree. (7 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).

E05-134. 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.

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

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. Gladwin and Griffen, JJ., would grant.

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CACR05-176. Kevin Dale Pennington v. State of Arkansas, from Crawford Circuit. Motion of Harvey Harris for attorney's fees. Granted. Allowed $1,000.00.

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

CACR05-775. Jimmy D. Bumgardner v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal. Denied. Pittman, C.J., and Crabtree, J., would grant. Brief due within twenty-one days.

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

CA05-399. Margie Lineberry v. Riley Farm Property Owners Association et al., from Sebastian Circuit, Fort Smith District. Appellees' motion for declaration that no conflict exists; or in the alternative, for substitution of counsel and for an enlargement of time to file brief. Motion for declaration that no conflict exists is dismissed. Alternative motion for substitution of counsel is granted. Motion for brief time is granted. Robbins, J., concurs. Hart, Bird, and Glover, JJ., dissent. (1-PAGE CONCURRENCE + 2-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

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. Denied. Roaf, J., would deny with prejudice. Pittman, C.J., and Hart, Vaught, and Crabtree, JJ., would pass motion to the panel to which the case is submitted. Glover, J., not participating.

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

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

CA05-926. Wilma Lee v. Mark Martindale, M.D., et al., from Saline Circuit. Appellant's motion to consolidate with CA05-1128. Denied. Bird and Roaf, JJ., would grant. Brief due within thirty days.

CA05-1128. Wilma Lee v. Mark Martindale, M.D., et al., from Saline Circuit. Appellant's motion to consolidate with CA05-926. Denied. Bird and Roaf, JJ., would grant. Brief due within thirty days.

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

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CACR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit.

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CACR04-985. Wilfred J. Vallien, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR05-223. Alan D. Williams v. State of Arkansas, from Miller Circuit. Appellee's motion to dismiss appeal, or in the alternative, for extension of brief time.

CACR05-658. Edward R. Hicks v. State of Arkansas, from Nevada Circuit. Appellant's motion to supplement the record and for brief time.

CACR05-1183. Walter McCullough v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion for intermediate order.

CACR05-1183. Walter McCullough v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion for appointment of counsel.

CACR05-1183. Walter McCullough v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion for stay.

CACR05-1183. Walter McCullough v. State of Arkansas, from Craighead Circuit, Western District. Motion of Charlene Davidson Henry to be relieved and to substitute Terry Goodwin Jones as counsel for appellant.

CACR05-1214. Robert Heath Killian v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey to withdraw as counsel and to substitute James B. Bennett as counsel for appellant.

CA05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Dale Arnold for attorney's fees.

CA05-322. Latricia Watson et al. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Dale Arnold for attorney's fees.

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

CA05-493. Rebecca Tuck v. Arkansas Department of Human Services, from Washington Circuit. Appellant's motion for reconsideration to allow the filing of the reply brief with the supplemental addendum attached.

CA05-553. Myron Bass et al. v. State of Arkansas, from Crittenden Circuit. Resubmission of motion of appellee, Arkansas Department of Human Services, to dismiss appeal.

CA05-997. Fred Brewer v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Shelton Sargent to withdraw, to dismiss appeal, or in the alternative, for brief time.

CA05-1118. James Keathley et al. v. Ron Jones, from Pulaski Circuit, Seventh Division. Resubmission of appellant's motion to dismiss appeal.

SUBMISSIONS

CA04-1302. Rebecca Clem v. Estate of Annie Ree Hopkins, from Miller Circuit. Argued orally.

CA04-1389. Superior Federal Bank, F.S.B. v. George S. Mackey, from Pulaski Circuit, Fifth Division. Argued orally.

CACR04-920. Micah Lamar Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-1339. Gary Ray Davis v. State of Arkansas, from Washington Circuit.

CACR05-170. Coy Jackson v. State of Arkansas, from Miller Circuit.

CACR05-295. Amanda Baty v. State of Arkansas, from Faulkner Circuit.

CACR05-349. Charles Cory Whited v. State of Arkansas, from Washington Circuit.

CACR05-392. Michael Shane Diggs v. State of Arkansas, from Garland Circuit.

CACR05-440. Robert Williams III v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR05-441. Raymond Williams, III v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR05-452. Clifton Robert Warner v. State of Arkansas, from Benton Circuit.

CACR05-488. Courtney Johnson v. State of Arkansas, from Phillips Circuit.

CA04-915. Katheryn Neves Da Rocha et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

CA05-316. D. B. & J. Holden Farms Limited Partnership et al. v. Arkansas State Highway Commission, from Jackson Circuit.

CA05-320. The Kroger Company v. Sharon M. Smith, from Phillips Circuit.

CA05-340. Jayme T. James v. State of Arkansas, from Pulaski Circuit, Eighth Division.

CA05-352. Rodger Dale Bridges et ux. v. Ellen Denise Bush, from Grant Circuit.

CA05-413. Lawrence Q. Moore v. Helena/West Helena Schools, from Workers' Compensation Commission.

CA05-476. Glenda Brotherton v. White River Area Agency on Aging, from Workers' Compensation Commission.

CA05-490. Nathaniel Bolden, Jr. v. International Paper Company et al., from Workers' Compensation Commission.

CA05-553. Myron Bass v. State of Arkansas, from Crittenden Circuit.

CA05-573. Donna L. Hamaker v. Baptist Health, from Workers' Compensation Commission.

CA05-593. Brandi Smith v. Arkansas Department of Human Services, from Greene Circuit.

CA05-603. Wal-Mart Stores, Inc. et al. v. Mary Ann Phillips, from Workers' Compensation Commission.

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

E05-142. Paula R. Chanicka Urbach v. Director et al.

E05-148. Carl E. Myers v. Director et al.

E05-150. Julie C. Garrett v. Director et al.

E05-151. Betty J. Hopper v. Director et al.

E05-152. Tricia M. King v. Director et al.

E05-153. Carla Michelle Cormack v. Director et al.

E05-154. Joe D. Robinson v. Director et al.

E05-155. Kathy M. Bartlett v. Director et al.

E05-156. Doris K. Davis v. Director et al.

E05-157. Terry F. Peoples v. Director et al.

E05-158. Caroline S. Butler v. Director et al.

E05-159. Freddie L. Brown v. Director et al.