ARKANSAS COURT OF APPEALS

Opinions delivered
December 7, 2005


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR05-409. Zeronical Rice v. State of Arkansas, from Saline Circuit. Reversed and Remanded. Bird, J., agrees. Neal, J., concurs. (5 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA05-397. Phillip Woodson v. Carol Woodson, from White Circuit. Affirmed. Bird and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR05-438. Orvil Dale Loftis v. State of Arkansas, from Jackson Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1389. Superior Federal Bank v. Jones & Mackey Construction Company, LLC, and George Mackey, from Pulaski Circuit. Affirmed on Direct Appeal and Cross-Appeal. Pittman, C.J., and Gladwin, J., agree. (18 PAGES PUBLISHED) [HTML, WP5.1]

CA05-480. Ellison Enterprises, Inc. and Benchmark Insurance Company v. Tammy Oldaker, from Workers' Compensation Commission. Remanded. Pittman, C.J., and Gladwin, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR05-392. Michael Shane Diggs v. State of Arkansas, from Garland Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CACR05-513. Jimmy Dane Phillips v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-537. Craig Campbell, Ben Eoff, and Campbell & Eoff Properties v. James Carter, Jerre Carter, and The Village, Inc., from Washington Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR05-518. Derrick Wayne Holloway v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Bird and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR04-1239. Randal C. Sain v. State of Arkansas, from Garland Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-440. Robert Williams III v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Affirmed. Pittman, C.J., and Neal, J., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA05-360. Traci Mitchell v. Dr. Lance Lincoln, from Marion Circuit. Reversed and Remanded. Griffen, J., agrees. Robbins and Baker, JJ., concur. Crabtree and Roaf, JJ., dissent. (12 PAGES + 4-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA05-579. Jerry L. Childress v. Eagle Paper and American Home Assurance Company, from Workers' Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR04-490. Charles W. Utley v. State of Arkansas, from Mississippi Circuit. Reversed and Dismissed. Robbins and Bird, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CA04-915. Katheryn Neves Da Rocha and Mateus Neves Da Rocha v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Affirmed. Neal and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA05-606. Randolph County Medical Center and Royal & Sun Alliance v. Frances Mann, from Workers' Compensation Commission. Affirmed. Neal and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

E05-47. Anthony C. Foots v. Director, Employment Security Department, from Board of Review. Affirmed. Neal and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-614. Rebecca Ann Cleghorn v. State of Arkansas, from Ashley Circuit. Affirmed. Glover and Vaught, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-05. Arthur Nation III and Lisa Terry-Nation v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Hart and Vaught, JJ., agree. (20 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-175. Sandy Ashby Evans Gaches and Eugene Eads v. Arkansas Department of Human Services, from Madison Circuit. Affirmed. Glover and Vaught, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-1001. Walter Deshazo v. State of Arkansas, from Sevier Circuit. Rebriefing Ordered. Glover and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-224. Harold McManus et al. v. Mickey McDonald et al., from Jefferson Circuit. Affirmed. Glover and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA05-611. Pilgrim's Pride Corporation and Gallagher Basset Services, Inc. v. Robert Sowell, from Workers' Compensation Commission. Affirmed. Baker and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR05-60. Wesley Bulloch and Stephen Dalton v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Crabtree and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-185. Adair Toston v. State of Arkansas, from Washington Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-386. Rosa Owen, Individually and as Parent and Next Friend of Ashley Owen, a Minor v. Continental Insurance Company, from Washington Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA04-1309. Donna Smith v. Arkansas Department of Human Services, from Washington Circuit. Motion to Withdraw Granted; Order Terminating Parental Rights Affirmed. Bird and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA05-264. Tony Moncus, Deceased v. Billingsley Logging and American Interstate Insurance Company, from Workers' Compensation Commission. Affirmed. Robbins, Griffen, Crabtree and Baker, JJ., agree. Bird, J., dissents. (5 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA05-553. Myron Bass, on behalf of L.B. v. State of Arkansas, from Crittenden Circuit, Juvenile Division. Appeal Dismissed. Crabtree and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CACR04-1004. Fred Moore v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA04-70. Clifford Castor v. Southfork Cafe, 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.

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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. Passed until case is submitted.

CACR04-1034. Deborah Broadway Hutcheson v. State of Arkansas, from Saline Circuit. Motion of Dustin D. Dyer for attorney's fees is granted. Allowed $1,000.00.

CACR05-608. Fred D. Davis III v. State of Arkansas, from Jefferson Circuit. Appellant's motion for oral argument. Granted. Pittman, C.J., and Griffen, J., would deny. Glover and Roaf, JJ., not participating.

CACR05-968. Bobby H. Cox, Jr. v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record and for brief time. Granted.

CACR05-1109. George H. Sorrells v. State of Arkansas, from Boone Circuit. Motion of Phillip A. Moon to be relieved as counsel for appellant and for appointment of new counsel. Granted. Ms. Leah Chavis is appointed as counsel for appellant. Appellant's brief due in forty days (January 16, 2006).

CACR05-1111. Carl Edward Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Kent McLemore to be relieved as counsel of record; to stay brief time; and for appointment of new counsel. Granted. Mr. Gregg Knutson is appointed as counsel for appellant. Appellant's brief due in forty days (January 16, 2006).

CACR05-1111. Carl Edward Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to relieve counsel and motion for extension of brief time. Moot.

CA05-553. Myron Bass et al. v. State of Arkansas, from Crittenden Circuit. Motion of appellee, Arkansas Department of Human Services, to dismiss appeal. Granted. See opinion this date.

CA05-744. Deann Latiolais v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for additional brief time. Granted. Griffen and Crabtree, JJ., would deny.

CA05-897. Kenneth Edward Connally v. Catherine Everett Connally, from Pulaski Circuit, Twelfth Division. Appellant's motion opposing appellee's response to jurisdictional statement. Passed until case is submitted.

CA05-997. Fred Brewer v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Shelton Sargent to withdraw and motion to dismiss. Granted. Pittman, C.J., and Griffen, J., would deny.

CA05-1161. Judith Ball v. Arkansas Department of Human Services, from Washington Circuit. Motion of Dale Varner to be relieved as counsel for appellant and for appointment of counsel. Granted. Ms. Maxine Isaacs is appointed as counsel for appellant. Appellant's brief due in forty days (January 16, 2006).

E05-237. Mary M. Baker v. Director et al., from Board of Review. Appellee's motion to remand. Granted.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR04-926. Sheila Dianne Besly v. State of Arkansas, from Lonoke Circuit.

CA05-148. David G. Coffee and Kelly Lynn Coffee v. Gary Zolliecoffer and Linda Zolliecoffer,from Franklin Circuit, Northern District.

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

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CACR04-926. Sheila Dianne Besly v. State of Arkansas, from Lonoke Circuit. Motion of Charles D. Hancock for attorney's fees.

CACR04-1315. Michael L. Venn v. State of Arkansas, from Benton Circuit. Motion of George R. Spence for attorney's fees.

CACR05-438. Orvil Dale Loftis v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.

CACR05-726. Henry Jay Bunch v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to compel attorney to file amended brief.

CACR05-1008. Doris M. Franklin v. State of Arkansas, from Logan Circuit, Southern District. Appellant's motion to supplement the record and extend time to file brief.

CACR05-1017. Fouad T. Saeidi v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.

CA04-1062. Shelley Mahan v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees.

CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Appellee's motion for attorney's fees.

CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Appellant's motion for attorney's fees.

CA04-1307. Delmer Ray Smith et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant Delmer Ray Smith's pro se motion to file belated petition for rehearing.

CA05-397. Phillip Woodson v. Carol Woodson, from White Circuit. Appellee's motion 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.

CA05-550. Karen Baskin v. Waldron Nursing Home, Inc. et al., from Workers' CompensationCommission. Motion of Caroline Curry to withdraw as counsel for appellees and to substitute Kristi Moody as counsel.

CA05-615. Angela Heather Nutt Brumley v. Seth Allen Vinson, from Union Circuit. Appellee's motion for extension of time to return writ and to file brief.

CA05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Motion of separate appellee, Fort Smith School District, to dismiss appeal.

CA05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Motion of separate appellee, University of Arkansas Fort Smith, to dismiss appeal.

CA05-946. Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Jerry Moore et al., from White Circuit. Joint motion for extension of time to file appellees' brief.

CA05-1139. Glen Rose v. Meldia Rose, from Pulaski Circuit, Ninth Division. Appellant's motion for stay of decree.

CA05-1197. Arkansas Department of Human Services v. Shelly Holman, from Carroll Circuit, Eastern District. Appellant's motion to unseal record and to stay briefing schedule.

CA05-1267. Ricky N. Wilson v. Teresa Wilson Beckett, from Union Circuit. Motion of John D. Lightfoot to withdraw as counsel for appellee.

E05-271. Jimmy J. Goodman v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E05-276. Calvin E. Sanders v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CA05-702. Joe I. Strack v. Capital Services Group, Inc., from Pulaski Circuit, Third Division. Argued orally.

CACR05-330. Rickey Neal v. State of Arkansas, from Pulaski Circuit, First Division.

CACR05-334. Armone Pride v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR05-417. Phillip Dwayne Duvall v. State of Arkansas, from Grant Circuit.

CACR05-486. Tracy Lemon v. State of Arkansas, from Faulkner Circuit.

CACR05-551. Johuan Nathan Bunting v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR05-697. John Sharp Williams v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR05-708. Steve Edward Gwin v. State of Arkansas, from Pulaski Circuit, First Division.

CA05-313. Sheila Lynette Ison v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division.

CA05-315. Rusty Wayne Escobedo v. Mark Nickita, from Washington Circuit.

CA05-492. Hazel Parker v. Georgia Pacific Corporation, from Workers' Compensation Commission.

CA05-541. Bobby Jay Smith v. Sallie Annette Smith, from Sebastian Circuit, Fort Smith District.

CA05-599. Ronald L. Clark et al. v. Richard Readnour et al., from Faulkner Circuit.

CA05-622. Dwight D. Seagraves v. Delta Consolidated Industries et al., from Workers' Compensation Commission.

CA05-623. Bobby Johnson v. R & G Masonry et al., from Workers' Compensation Commission.

CA05-695. Brian Sabinske v. Morgan Buildings and Spas, Inc. et al., from Workers' Compensation Commission.

CA05-770. Victor Chiolak v. Patricia Chiolak, from Faulkner Circuit.

CA05-785. St. Edward Mercy Medical Center et al. v. Sondra Clark, from Workers' Compensation Commission.