Opinions delivered
December 14, 2005
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR05-139. Steven Joseph Holcomb v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Hart and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR05-228. Frank E. Morgan v. State of Arkansas, from Bradley Circuit. Affirmed. Hart and Gladwin, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-273. Deborah G. Cozzens v. Jeffrey A. Cozzens, from Pulaski Circuit, Seventeenth Division. Affirmed. Hart and Gladwin, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA05-323. Office Machines, Inc. v. Bruce Mitchell, from Jefferson Circuit. Rebriefing Ordered. Hart and Gladwin, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR05-336. Terry Joe Cox v. State of Arkansas, from Hot Spring Circuit. Reversed and Remanded. Pittman, C.J., and Gladwin, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA05-318. Amanda Lewellyn Fleming v. Tim Lewellyn, from Pope Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR05-335. Ronald Fulton v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR05-503. John Ray Boyd v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-574. Allie Strong v. Wynne Outdoor Motorsports, Inc. and American Suzuki Motor Corporation, from Cross Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR05-529. Robert Lee Gilliam v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Bird and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-248. Janie Neel v. Denise C. Harrison, from Baxter Circuit. Reversed. Hart, Glover, Vaught, and Roaf, JJ., agree. Gladwin, Griffen, Crabtree, and Baker, JJ., dissent. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR05-668. Bobby Jett, Sr. v. State of Arkansas, from Jefferson Circuit. Affirmed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-556. Oliver Pettis v. Southeastern Erectors, May Construction Company, and Crockett Adjustment, from Workers' Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA05-476. Glenda Brotherton v. White River Area Agency on Aging; Federated Mutual Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Bird, Crabtree, Baker, and Roaf, JJ., agree. Robbins, J., dissents. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-573. Donna L. Hamaker v. Baptist Health and Crockett Adjustment, from Workers' Compensation Commission. Affirmed. Robbins and Bird, JJ., agree. (17 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CA05-403. Estate of Randall Glen Carpenter, Deceased v. Nita Carpenter, from Drew Circuit. Reversed and Remanded. Neal and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA05-550. Karen S. Baskin v. Waldron Nursing Center and Royal & Sun Alliance Insurance Company, from Workers' Compensation Commission. Affirmed. Neal and Vaught, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR04-1339. Gary Ray Davis v. State of Arkansas, from Washington Circuit. Affirmed. Glover and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA05-122. Rhonda Long and Allen Winemiller v. Arkansas Department of Human Services, from Lawrence Circuit. Affirmed. Hart and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-431. Brian Brewer v. Stacie Brewer, from Arkansas Circuit. Affirmed. Glover and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-593. Brandi Smith v. Arkansas Department of Human Services, from Greene Circuit. Affirmed. Hart and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-650. Ormond Marshall, Carson Equities, Inc., Houston General Insurance Company, Cunningham Lindsey Claims Management v. Squire Court Limited Partnership, from Workers' Compensation Commission. Affirmed. Glover and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR04-948. Raymond Earl Sehorn v. State of Arkansas, from Crawford Circuit. Affirmed. Glover and Neal, JJ., agree.(6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-385. Helena Chemical Company v. Jerry Caery, Jr. and Jerry Caery, Sr., from Phillips Circuit. Affirmed. Glover and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR05-172. Gary Anderson v. State of Arkansas, from Saline Circuit. Affirmed. Baker, J., agrees. Roaf, J., concurs. (7 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Affirmed; Motion Granted. Baker and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA05-352. Rodger and Dana Bridges v. Denise Bush, from Grant Circuit. Affirmed. Gladwin, Neal, Vaught, and Crabtree, JJ., agree. Roaf, J., dissents. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-463. Richard P. Jackson v. Nora Pitts, from Johnson Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR05-209. Ricky McCoy v. State of Arkansas, from Bradley Circuit. Affirmed. Crabtree and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR05-210. Joseph Stration Parker v. State of Arkansas, from Logan Circuit. Reversed and Remanded. Crabtree, J., agrees. Baker, J. concurs. (11 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CA05-225. Roger Boykin v. Betty Boykin, from Drew Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-464. Rebecca Causer v. Arkansas Department of Human Services, from Marion Circuit. Rebriefing Ordered. Griffen and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA05-667. Mark L. Thomas v. Entergy Arkansas, Inc., from Workers' Compensation Commission. Reversed and Remanded. Crabtree and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CA05-515. Lu Ann Lamb Penland and John Penland v. Bryan D. Johnston, Melissa L. Johnston, Jerry L. Hope, and Sharon M. Hope, from Saline Circuit. Appeal Dismissed. (3 PAGES UNPUBLISHED)
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).
E05-160. 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.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
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. See supplemental opinion issued this date. Neal, Crabtree, and Baker, JJ., would grant. (2 PAGES PUBLISHED)
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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 is granted. Allowed $1,000.00.
CACR04-1315. Michael L. Venn v. State of Arkansas, from Benton Circuit. Motion of George R. Spence for attorney's fees is granted. Allowed $1,000.00.
CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for leave to file a supplemental addendum. Granted as to Exhibits "A" and "B"; denied as to Exhibit "C". Substituted abstract, brief, and addendum due within fifteen days. Appellee's brief duewithin thirty days thereafter. Costs to be assessed against appellant's attorney.
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. Motion to strike is denied. Pittman, C.J., and Crabtree, J., would grant. Substituted brief due within thirty days.
CACR05-438. Orvil Dale Loftis v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $1,000.00.
CACR05-726. Henry Jay Bunch v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to compel attorney to file amended brief. Denied.
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. Granted. Brief due within thirty days.
CACR05-1017. Fouad T. Saeidi v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record. Granted.
CA04-1062. Shelley Mahan v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees is granted. Allowed $1,000.00 in fees and $325.00 in expenses.
CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Appellee's motion for attorney's fees. Denied.
CA04-1105. J. Paul Bridges v. Alison Gaddis Bridges, from Benton Circuit. Appellant's motion for attorney's fees. Denied.
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. Denied.
CA05-397. Phillip Woodson v. Carol Woodson, from White Circuit. Appellee's motion for attorney's fees. Denied.
CA05-456. Jeffrey Porter et al. v. Arkansas Department of Human Services, from Little River Circuit. Appellant's motion for additional brief time. Denied. Pittman, C.J., Hart, Robbins, Glover, and Roaf, JJ., would grant and make this the final extension.
CA05-550. Karen S. Baskin v. Waldron Nursing Center et al., from Workers' Compensation Commission. Motion of Caroline Curry to withdraw as counsel for appellees and to substituteKristi Moody as counsel. Granted. Griffen, J., not participating.
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. Granted.
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. Granted.
CA05-1139. Glen Rose v. Meldia Rose, from Pulaski Circuit, Ninth Division. Appellant's motion for stay of decree. Denied without prejudice.
CA05-1139. Glen Rose v. Meldia Rose, from Pulaski Circuit, Ninth Division. Appellee's motion to dismiss appeal in part. Granted.
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. Granted. See Johnson v. State, 335 Ark. 333, 982 S.W.2d 669 (1998).
CA05-1267. Ricky N. Wilson v. Teresa Wilson Beckett, from Union Circuit. Motion of John D. Lightfoot to withdraw as counsel for appellee. Granted.
E05-271. Jimmy J. Goodman v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal. Denied.
E05-276. Calvin E. Sanders v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal. Denied.
SUBMISSIONS
CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit.
CACR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit.
CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit.
CACR04-169. Eric Perkins v. State of Arkansas, from Yell Circuit, Southern District.
CACR04-594. Danny Lee Geren v. State of Arkansas, from Sebastian Circuit, Greenwood District.
CACR04-622. Marcus Barney v. State of Arkansas, from Drew Circuit.
CACR04-666. Jedadiah S. Smith v. State of Arkansas, from Johnson Circuit.
CACR04-668. Bonnie Hall v. State of Arkansas, from Johnson Circuit.
CACR04-706. Theresa Bedford v. State of Arkansas, from Crittenden Circuit.
CACR04-804. Tracy L. Ammons v. State of Arkansas, from Crittenden Circuit.
CACR04-807. Brian Pierre Rhodes v. State of Arkansas, from Hempstead Circuit.
CACR04-963. Jason Basham v. State of Arkansas, from Saline Circuit.
CACR04-999. Joey Lee Gillion v. State of Arkansas, from Crittenden Circuit.
CACR04-1134. Artis Lee Willis v. State of Arkansas, from Lafayette Circuit.
CACR04-1296. Charles Prichard v. State of Arkansas, from Miller Circuit.
CACR04-1299. Michael C. Myers v. State of Arkansas, from Jackson Circuit.
CACR04-1347. Christopher Minniefield v. State of Arkansas, from Union Circuit.
CACR05-58. Nile Floyd v. State of Arkansas, from Izard Circuit.
CACR05-63. Timothy Clark Zachary v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR05-70. Tario Watkins v. State of Arkansas, from Union Circuit.
CACR05-95. Robert Lee Turner v. State of Arkansas, from Crittenden Circuit.
CACR05-125. Timothy Cummings v. State of Arkansas, from Sebastian Circuit, Greenwood District.
CACR05-213. Latonya Renee Williams v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR05-230. Hezekiah Pierce v. State of Arkansas, from Pulaski Circuit, Fifth Division.