Opinions delivered
November 30, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR05-295. Amanda Baty v. State of Arkansas, from Faulkner Circuit. Appeal Dismissed. Hart and Gladwin, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-253. Erica Suggs-Rendon v. Arkansas Department of Human Services, from Pope Circuit. Affirmed. Gladwin and Glover, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-292. Rose A. Dorris v. Townsends of Arkansas, Inc., from Workers' Compensation Commission. Affirmed. Gladwin, Robbins, and Bird, JJ., agree. Neal and Baker, JJ., dissent. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-316. D.B.&J. Holden Farms Limited Partnership, Brouce Holden, Jr., Trust and James R. Holden Trust v. Arkansas State Highway Commission, from Jackson Circuit. Affirmed. Hart and Gladwin, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA05-340. Jayme James v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Pittman, C.J., and Gladwin, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CA05-450. Clifford V. Vanderpool, III v. Paula E. Vanderpool, from Benton Circuit. Affirmed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR05-349. Charles Cory Whited v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-354. Dunn L. Johnson et al. v. J.C. Langley et al., from Union Circuit. Dismissed. Bird and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA04-831. Tatum Gangi v. Jody Edmonds, from Lincoln Circuit. Reversed in Part; Dismissed in Part. Hart, Glover, and Crabtree, JJ., agree. Griffen and Roaf, JJ., dissent. (12 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-490. Nathaniel Bolden, Jr. v. International Paper Company and Sedgwick Claims Management Services, from Workers' Compensation Commission. Affirmed on Direct Appeal and Cross-Appeal. Robbins and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR05-452. Clifton Robert Warner v. State of Arkansas, from Benton Circuit. Affirmed. Robbins and Bird, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]
CA04-1376. Thomas E. Oliver v. Virginia Oliver Fayad, from Pulaski Circuit. Reversed and Remanded. Vaught and Roaf, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CA05-434. Glenn Eskola v. Little Rock School District & Municipal League Workers' Compensation Trust, from Workers' Compensation Commission. Affirmed. Griffen, Vaught, and Roaf, JJ., agree. Hart and Crabtree, JJ., dissent. (6 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-544. McDonald Mobile Homes, Inc. d/b/a Harrison Home Center v. BankAmerica Housing Services, from Carroll Circuit. Reversed and Remanded. Neal and Vaught, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR05-170. Coy Jackson v. State of Arkansas, from Miller Circuit. Dismissed. Glover and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-603. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Mary Ann Phillips, from Workers' Compensation Commission. Affirmed. Glover and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Baker and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CACR05-441. Raymond Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Baker and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-320. The Kroger Company v. Sharon Smith, from Phillips Circuit. Reversed. Baker and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR05-67. Elery Dendy v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Griffen, Vaught, and Roaf, JJ., agree. Bird and Crabtree, JJ., dissent. (9 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CACR05-488. Courtney Johnson v. State of Arkansas, from Phillips Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA05-413. Lawrence Q. Moore v. Helena/West Helena School Risk Management Resources, from Workers' Compensation Commission. Affirmed. Crabtree and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-415. Kevin Meins v. Judy C. Meins (Shook), from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
E04-385. Southwestern Bell Telephone, L.P. v. Director of Arkansas Employment Security Department and Stephen E. Barkley, from Board of Review. Affirmed. Baker, J., agrees. Crabtree, J., concurs. (7 PAGES + 2-PAGE CONCURRENCE 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).
E05-142. 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.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit.
CACR05-259. Daniel M. Ormsby v. State of Arkansas, from Van Buren Circuit.
CACR05-364. Charles Leon Weatherford v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA04-1070. Archer-Daniels-Midland Company v. Beadles Enterprises, Inc., from Monroe Circuit.
CA05-432. Jeffery W. Ashcraft v. Headlee's Industrial Company, Inc., from Workers' Compensation Commission.
*****************************
CACR04-644. Lovella Thomas v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of B. Kevin Holland for attorney's fees is granted. Allowed $1,000.00.
CACR04-851. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles D. Hancock for reconsideration of denial of attorney's fees. Denied. Crabtree, J., would grant.
CACR04-1247. Kevin Alan Hart v. State of Arkansas, from Faulkner Circuit. Motion of B. Kevin Holland for attorney's fees is granted. Allowed $1,000.00.
CACR05-10. Evander Ridgel v. State of Arkansas, from Grant Circuit. Motion of Stanley D. Christopher for attorney's fees is granted. Allowed $1,000.00. Glover, J., not participating.
CACR05-244. Travis J. Pearson, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis for attorney's fees is granted. Allowed $1,000.00.
CACR05-262. Jonathan B. Gonder v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief. Granted. Brief filed this date.
CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit. Appellant's pro se motion to file supplemental brief. Denied.
CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit. Appellant's pro se motion for waiver of defense counsel. Denied.
CACR05-296. Brian Darrell Hattabaugh v. State of Arkansas, from Crawford Circuit. Motion of Sara Rogers for attorney's fees is granted. Allowed $1,000.00.
CACR05-405. Blake D. Bryant v. State of Arkansas, from Ouachita Circuit. Appellant's motion for oral argument. Granted.
CACR05-442. Jason Gregory Hull v. State of Arkansas, from Van Buren Circuit. Appellee's motion to provide counsel with sealed materials. Granted. Appellee's brief due in thirty days (December 30, 2005).
CACR05-481. John Melvin McDonald v. State of Arkansas, from Columbia Circuit. Appellant's motion for reconsideration of denial of request for oral argument. Denied. Hart, Bird, Griffen, Neal, and Baker, JJ., would grant.
CACR05-582. Norman Gaines v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time. Granted. Allowed sixty days. Pittman, C.J., Gladwin and Vaught, JJ., would allow forty-five days and make this the final extension. Griffen and Crabtree, JJ., would deny.
CACR05-774. Ralph Miller v. State of Arkansas, from Clay Circuit, Western District. Appellant's second motion for enlargement of time to supplement the record and for brief time. Granted. Supplement filed this date. Appellant's brief due in thirty days (December 30, 2005).
CACR05-879. Coby Sullivan v. State of Arkansas, from Carroll Circuit, Western District. Appellant's motion to supplement the record. Granted. Record deemed supplemented.
CACR05-906. Elvie Tremain Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Resubmission of motion of Gregory E. Bryant to be substituted as counsel for appellant and motion of Erin Vinett to withdraw as counsel for appellant. Granted conditioned upon proof of reimbursement for cost of the record and supplemental record.
CACR05-909. Harold Stevie Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion requesting submission of this case and CACR05-943 to the same judicial panel. Denied.
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. 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).
CACR05-1225. Earlene Patrice Moore v. State of Arkansas, from Pulaski Circuit, Fourth Division. Amended motion of Phillip A. McGough for substitution and appointment of counsel. Granted.
CA04-831. Tatum Gangi v. Jody Edmonds, from Lincoln Circuit. Appellee's motion for attorney's fees and costs. Motion for attorney's fees denied. Costs to be assessed on mandate.
CA05-130. Susan Lynn Cleaves v. James Raymond Parker, Jr., from Pulaski Circuit, Thirteenth Division. Appellee's motion for costs and attorney's fees for creation of supplemental abstract and addendum. Denied. Griffen, J., not participating.
CA05-382. Toni Gordon v. Tracy W. Gordon, from Columbia Circuit. Appellant's motion for additional brief time. Granted. Brief filed this date.
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, Vaught, and Crabtree, JJ., would deny.
CA05-524. S.G., VE.G., and VA.G. v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Joseph P. Mazzanti, III, for attorney's fees is granted. Allowed $1,000.00.
CA05-669. Rita Jones v. Delta Counseling Association, from Workers' Compensation Commission. Appellee's motion to file belated brief. Granted. Brief filed this date.
CA05-846. FMCO Promotions d/b/a/ Air Charter Express v. Pratt & Whitney Engine Services, Inc., from Stone Circuit. Appellant's motion to file belated reply brief. Granted. Brief filed this date.
CA05-996. Robert Glen Bishop v. Suzanne Bishop, from Sebastian Circuit, Fort Smith District. Appellee's motion to stay appeal and briefing schedule. Granted. Appeal stayed for ninety days.
CA05-1056. Rex Black v. Arkansas Department of Human Services, from Pope Circuit. Motion of Glen Hoggard for appointment of substitute counsel. Granted.
CA05-1056. Rex Black v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion to file belated brief and for brief time. Granted.
CA05-1105. Angelique Voss Moses v. Hanna's Candle Company, from Washington Circuit. Appellant's motion to supplement the record. Granted. Griffen, J., not participating.
CA05-1202. Marvin Jones et al. v. Juanita S. Wood Family Limited Partnership, from Lonoke Circuit. Appellant's petition to complete the record. Remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR04-1004. Fred Moore v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CA04-70. Clifford Castor v. Southfork Café, Houston General Insurance Company, and Second Injury Fund, from Workers' Compensation Commission.
CA05-388. Shirley Wells v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission.
*****************************
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's pro se motion and second pro se motion to reverse probation conviction based on double jeopardy.
CACR04-1034. Deborah Broadway Hutcheson v. State of Arkansas, from Saline Circuit. Motion of Dustin D. Dyer for attorney's fees.
CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for leave to file a supplemental addendum.
CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit. Appellee's motion to strike additional argument in rebrief and for extension of time in which to file substituted brief.
CACR05-608. Fred D. Davis III v. State of Arkansas, from Jefferson Circuit. Appellant's motion for oral argument.
CACR05-968. Bobby H. Cox, Jr. v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record and for brief time.
CA05-744. Deann Latiolais v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for additional brief time.
CA05-897. Kenneth Edward Connally v. Catherine Everett Connally, from Pulaski Circuit, Twelfth Division. Appellant's motion opposing appellee's response to jurisdictional statement.
CA05-997. Fred Brewer v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Second motion of Shelton Sargent to withdraw and motion to dismiss or, in the alternative, motion for additional time.
E05-237. Mary M. Baker v. Director et al., from Board of Review. Appellee's motion to remand.
SUBMISSIONS
CA04-385. Helena Chemical Company v. Jerry Caery, Jr., from Phillips Circuit. Argued orally.
CACR04-948. Raymond Earl Sehorn v. State of Arkansas, from Crawford Circuit.
CACR05-110. Billy Don Drummond v. State of Arkansas, from Crawford Circuit.
CACR05-209. Ricky McCoy v. State of Arkansas, from Bradley Circuit.
CACR05-228. Frank E. Morgan v. State of Arkansas, from Bradley Circuit.
CACR05-336. Terry Joe Cox v. State of Arkansas, from Hempstead Circuit.
CACR05-503. John Ray Boyd v. State of Arkansas, from Crawford Circuit.
CACR05-529. Robert Lee Gilliam v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR05-668. Bobby Jett, Sr. v. State of Arkansas, from Jefferson Circuit.
CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit.
CA05-225. Roger Boykin v. Betty Boykin, from Drew Circuit.
CA05-273. Deborah G. Cozzens v. Jeffrey A. Cozzens, from Pulaski Circuit, Seventeenth Division.
CA05-318. Amanda Lewellyn Fleming v. Tim Lewellyn, from Pope Circuit.
CA05-381. Vicki McKinney v. Randall K. McKinney, from Washington Circuit.
CA05-403. Estate of Randall Glen Carpenter v. Nita Carpenter, from Drew Circuit.
CA05-431. Brian Brewer v. Stacie Brewer, from Arkansas Circuit, Northern District.
CA05-463. Richard P. Jackson v. Nora Pitts, from Johnson Circuit.
CA05-478. John O'Hara v. J. Christy Construction Company, from Workers' Compensation Commission.
CA05-550. Karen S. Baskin v. Waldron Nursing Center et al., from Workers' Compensation Commission.
CA05-556. Oliver Pettis v. Southeastern Erectors et al., from Workers' Compensation Commission.
CA05-568. James L. Roberts et ux. v. Robert Dale Boyd et al., from Washington Circuit.
CA05-574. Allie Strong v. Wynne Outdoor Motorsports, Inc. et al., from Cross Circuit.
CA05-650. Ormond Marshall et al. v. Squire Court Limited Partnership, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E05-160. Jimmy R. Spencer II v. Director et al.
E05-161. Larry E. Harrell v. Director et al.
E05-162. Southeast Arkansas Hospice, LLC v. Director et al.
E05-163. Elida King v. Director et al.
E05-164. Security Airport Parking, Inc. v. Director et al.
E05-166. Chris L. Paschall v. Director et al.
E05-167. Denise D. Rogers v. Director et al.
E05-168. Sharon Kay Mount v. Director et al.
E05-169. Tyrus D. Gillam v. Director et al.
E05-170. Charles W. Newson v. Director et al.
E05-171. Carol D. Ridling v. Director et al.
E05-172. Larry Wayne Clark v. Director et al.