Opinions delivered
November 16, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR04-914. Kathy Kay Wells and Rodney Dutton v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Gladwin and Glover, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA05-436. Richard A. Lobbs v. Gattis Excavating, Inc., et al., from Workers' Compensation Commission. Affirmed. Hart and Gladwin, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR05-289. Craig Harris v. State of Arkansas, from Crawford Circuit. Rebriefing Ordered. Pittman, C.J., and Gladwin, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-361. Darlene Byrd v. David Byrd, from Boone Circuit. Affirmed in Part; Reversed in Part and Remanded. Crabtree, J., agrees. Glover, J., concurs. (13 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CA05-363. Bobby Stewart v. Arkansas Glass Container; Risk Management Resources, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Gladwin, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CA05-212. Richard Kimbell v. Association of Rehab Industry and Business Companion Property and Casualty, from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-449. Sarah Ellenbecker and Alysa Ellenbecker, Minor Child v. Security Alert, Inc. and Legion Insurance Company, Death and Permanent Total Disability Trust Fund, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Hart, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA05-470. Revertis Gist v. Sanyo Manufacturing Corporation and Garmi Insurance, fromWorkers' Compensation Commission. Affirmed. Bird and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-524. S.G., VE.G., and VA.G. v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. Bird and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA03-1299. Baxter County Regional Hospital, Risk Management Resources v. Arlene Dixon, from Workers' Compensation Commission. Reversed and Remanded. Pittman, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR04-395. Rodell Avery v. State of Arkansas, from Calhoun Circuit. Affirmed. Robbins and Bird, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]
CA04-1281. Ingrid Cowan v. Ellison Enterprises, Inc. d/b/a Price Chopper, from Pope Circuit. Affirmed. Pittman, C.J., Gladwin, Glover, and Vaught, JJ., agree. Robbins, Neal, Baker, and Roaf, JJ., dissent. (11 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-194. Randy Carver v. Pam Carver, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CA04-1295. Robert Hattabaugh, David W. Ware, and Linda Ware v. Jacquelyn E. Housley, from Scott Circuit. Reversed and Remanded. Griffen, Vaught, and Roaf, JJ., agree. Hart and Crabtree, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA04-1316. James D. Jones v. Garry Mason and The Estate of Myrtle Gracie Pellham, from Pope Circuit. Affirmed. Crabtree, J., agrees. Hart, J., concurs. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-130. Susan Lynn Cleaves v. James Raymond Parker and John Edward Parker, from Pulaski Circuit, Thirteenth Division. Reversed and Remanded. Robbins, Bird, Griffen, and Baker, JJ., agree. Pittman, C.J., Gladwin, Crabtree, and Roaf, JJ., dissent. (7 PAGES + 4-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-370. Arkansas Department of Human Services v. Marzell Hampton, from PulaskiCircuit, Seventh Division. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-479. Fayetteville School District and Risk Management Resources v. James Kunzelman, from Workers' Compensation Commission. Affirmed. Neal and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CA05-368. Gerry Rosenboom and Ucele Williams v. Holly Springs Real Estate and Don Brewer, from Polk Circuit. Affirmed. Glover and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-485. Peggy Jackson v. Pike County, Association of Arkansas Counties, from Workers' Compensation Commission. Affirmed. Glover and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA05-152. Sylvia Luebker and David Luebker v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Griffen and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA05-402. Poinsett County v. James Baney, from Workers' Compensation Commission. Affirmed. Glover and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-500. Gayla Webb v. Jason I. Stuart, from Sebastian Circuit. Affirmed. Glover and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR04-1109. Allen Jason Wooten v. State of Arkansas, from Ouachita Circuit. Affirmed. Gladwin, Bird, Griffen, and Vaught, JJ., agree. Roaf, J., concurs. Pittman, C.J., Hart and Crabtree, JJ., dissent. (7 PAGES + 7-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CACR05-331. Alfred Flowers v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1117. Harvey Franklin v. Ever Dean Williams, from Jefferson Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA05-321. Christina McNair Camp v. Mickey McNair, Caree Ogiela and Mark Ogiela, Husband and Wife, from Washington Circuit. Reversed and Remanded. Griffen, J., agrees. Vaught, J., concurs. (9 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
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. Granted. Allowed $1,000.00.
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. Passed until case is submitted.
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. Motion to dismiss granted. See Hill v. State, ___ Ark. ___, ___ S.W.3d ___ (Oct. 13, 2005). Pittman, C.J., Hart, Bird, and Roaf, JJ., would deny. Vaught, J., not participating.
CACR05-658. Edward R. Hicks v. State of Arkansas, from Nevada Circuit. Appellant's motion to supplement the record and for brief time. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.
CACR05-1183. Walter McCullough v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion for intermediate order. Denied.
CACR05-1183. Walter McCullough v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion for appointment of counsel. Denied.
CACR05-1183. Walter McCullough v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion for stay. Denied.
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. Granted.
CA05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Dale Arnold for attorney's fees. Granted. Allowed $1,000.00 in fees and $268.26 in expenses.
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. Granted. Allowed$1,000.00 in fees and $270.00 in expenses.
CA05-456. Jeffrey Porter et al. v. Arkansas Department of Human Services, from Little River Circuit. Appellant's motion for additional brief time. Granted. Bird and Vaught, JJ., would make this the final extension. Griffen and Crabtree, JJ., would deny.
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. Granted. Pittman, C.J., Griffen, Vaught, and Crabtree, JJ., would deny.
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. Denied without prejudice.
CA05-1002. Leo Sousan Yang v. Beverly G. Sousan, from Garland Circuit. Appellee's motion to dismiss appeal. Granted. Glover, J., not participating.
CA05-1118. James Keathley et al. v. Ron Jones, from Pulaski Circuit, Seventh Division. Resubmission of appellant's motion to dismiss appeal. Granted. Griffen and Glover, JJ., not participating.
SUBMISSIONS
CACR05-491. Charles Franklin Rogers v. State of Arkansas, from Washington Circuit. Argued orally.
CACR04-490. Charles W. Utley v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR04-614. Rebecca Cleghorn v. State of Arkansas, from Ashley Circuit.
CACR04-1001. Walter DeShazo v. State of Arkansas, from Sevier Circuit.
CACR05-172. Gary Anderson v. State of Arkansas, from Saline Circuit.
CACR05-185. Adair Toston v. State of Arkansas, from Washington Circuit.
CACR05-210. Joseph Stration Parker v. State of Arkansas, from Logan Circuit, Southern District.
CACR05-393. Daniel Ray Breshears v. State of Arkansas, from Garland Circuit.
CACR05-438. Orvil Dale Loftis v. State of Arkansas, from Jackson Circuit.
CACR05-513. Jimmy D. Phillips v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR05-518. Derrick Wayne Holloway v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA05-175. Sandy Ashby Evans Gaches et al. v. Arkansas Department of Human Services, from Madison Circuit.
CA05-224. Harold McManus et al. v. Mickey McDonald et al., from Jefferson Circuit.
CA05-323. Office Machines, Inc. v. Bruce Mitchell et al., from Jefferson Circuit.
CA05-386. Rosa Owen v. Continental Insurance Company, from Washington Circuit.
CA05-480. Ellison Enterprises, Inc. et al. v. Tammy Oldaker, from Workers' Compensation Commission.
CA05-537. Craig Campbell v. James B. Carter, from Washington Circuit.
CA05-579. Jerry L. Childress v. Eagle Paper et al., from Workers' Compensation Commission.
CA05-602. Linda Boss Foster v. Express Personnel Services, from Workers' Compensation Commission.
CA05-606. Randolph County Medical Center et al. v. Frances Mann, from Workers' Compensation Commission.
CA05-611. Pilgram's Pride Corporation et al. v. Robert Sowell, from Workers' Compensation Commission.
CA05-667. Mark Thomas v. Entergy Arkansas, Inc., from Workers' Compensation Commission.
E05-47. Anthony C. Foots v. Director et al., from Board of Review.