JIM HANNAH, CHIEF JUSTICE:

05-183. Arkansas Residential Assisted Living Association, Inc., Baxter Retirement Village, L.L.C. and Retirement Centers of Arkansas v. Arkansas Health Services Permit Commission and Arkansas Health Services Permit Agency, from Pulaski Circuit, First Division. Affirmed. Dickey, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

05-127. John Thompson and Sue Thompson v. Richard E. Fischer, from Prairie Circuit. Reversed. Hannah, C.J., Brown and Imber, JJ., concur. (7 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

05-290. Asbury Automotive Used Car Center, L.L.C. v. Patric Brosh, Mark Lunsford, Mel Anderson, NCAS, L.L.C. and New Century Auto Sales Corporation, from Washington Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

05-365. Todd Elsner, D.C. v. Farmers Insurance Group, Inc., from Benton Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion for Action Upon the Special Masters' Report to the Supreme Court of Arkansas. Granted in Part; Denied in Part. Motion to Strike State's Brief Denied; Motion to Take Judicial Notice Denied. Glaze, J., and Special Justice Carol Dalby, concur. Hannah, C.J., and Gunter, J., dissent. Imber, J., not participating. (24 PAGES + 5-PAGE CONCURENCE + 12-PAGE CONCURRENCE + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

05-181. Andrew Baxter Low, Gary L. Low and Merrily Low v. Insurance Company of North America, International Insurance Company, Industrial Indemnity Company, Lexington Insurance Company (AIG), and Niagara Fire Insurance Company, from Pulaski Circuit, Second Division. Reversed and Remanded; Cross-Appeal Affirmed. Special Justices Donna C. Pettus and G. William Lavender join. Glaze and Gunter, JJ., not participating. (21 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

05-123. Deborah J. Thomas v. Dale Olson, Individually, Conny Olson, Individually, and Dale Olson and Conny Olson as Trustees of the Dale Olson and Conny Olson Family Living Trust, U/T/D May 18, 2000, from Sebastian Circuit, Fort Smith District. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

05-163. Waco Watts and Joshua Henley v. Searcy County Board of Elections and Dufford Taylor, Chairman, from Searcy Circuit. Appeal Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR05-35. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-53. Charles Whitfield v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

04-393. Melissa Lee West v. James Edward West, from Hempstead Circuit. Gunter, J., not participating.

04-1278. City of Fort Smith, Arkansas v. Lee Hackler et ux., from Crawford Circuit. Brown, J., would grant.

05-198. City of Fort Smith, Arkansas v. J. D. Carter et al., from Crawford Circuit. Brown, J., would grant.

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CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Motion to supplement the record is granted.

CR05-71. Kingrale Collins v. State of Arkansas, from Cross Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-1293. Lorenzo Benitez v. State of Arkansas, from Miller Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-393. Melissa Lee West v. James Edward West, from Hempstead Circuit. Appellee's motion for attorney's fees. Granted $2,006.25 in attorney's fees. Gunter, J., not participating.

04-1278. City of Fort Smith, Arkansas v. Lee Hackler et ux., from Crawford Circuit, and 05-198. City of Fort Smith, Arkansas v. J.D. Carter et al., from Crawford Circuit. Motion by Central Arkansas Water to file brief as amicus curiae in support of the City of Fort Smith's petitions for rehearing is denied. Brown, J., would grant.

05-90. Health Facilities Management Corporation et al. v. Mary E. Hughes, from Pulaski Circuit, Fifth Division. Motion and amended motion for supersedeas is granted.

05-722. Skit International, Ltd. v. DAC Technologies of Arkansas et al., from Pulaski Circuit, Second Division. Motion for release of exhibits is granted.

CA05-748. Johnny Mack v. Luther Sutter et al., from Pulaski Circuit, Sixth Division. Appellant's motion to transfer to Supreme Court is denied; request for oral argument moot.

05-827. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al., from Pulaski Circuit, Second Division. Motion to supplement the abstract and file a substituted brief. Granted 30 days. Glaze and Dickey, JJ., not participating.

05-1246. Michael S. McCarthy v. Honorable James M. Moody, Jr., Circuit Judge, from Pulaski Circuit, Sixth Division. Motion for temporary relief and petition for writ of prohibition. Temporary stay granted; petition for writ of prohibition to be submitted as a case. Request for oral argument is denied.

05-1282. Michael A. Hayes v. Honorable Mackie Pierce, Circuit Judge, from Pulaski Circuit, Seventeenth Division. Petition for writ of mandamus is denied.

CR05-834. Jessie Earl Hill, III v. State of Arkansas, from Grant Circuit. Pro se motion to file amended and extended petition. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-834. Jessie Earl Hill, III v. State of Arkansas, from Grant Circuit. Pro se motion to file belated reply brief. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-938. Larry King v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for reconsideration of dismissal of appeal. Motion for reconsideration denied. See per curiam this date. [HTML, WP5.1]

CR05-1155. Roberto Daco Cabral v. Honorable Tom Keith, Circuit Judge, from Benton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-524. Sherman Noble v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for access to record and extension of time to file substituted brief. Motion moot in part and granted in part. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

05-1205. Russell Berger v. Larry Norris, from Lincoln Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

04-1009. Reynolds Health Care Services, Inc. et al. v. HMNH, Inc. et al., from Union Circuit.

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PETITIONS FOR REVIEW:

05-1192. Archer-Daniels-Midland Company v. Beadles Enterprises, Inc., from Monroe Circuit.

05-1240. Jeffery Ashcraft v. Headlee's Industrial Company, Inc., from Workers' Compensation Commission.

05-1249. Dianna Larsen v. Family Dollar Stores of Arkansas, Inc., from Crittenden Circuit.

05-1273. Riverside Marine Remanufacturers, Inc. v. Patrick J. Booth et ux., from Pulaski Circuit, Seventh Division.

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CR05-1157. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Motion to be relieved as counsel and for additional time to file brief.

CR05-1157. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Renewed motion for entry of appearance and for extension of time to file brief.

CR05-1331. Jacob Matthew Price v. State of Arkansas, from White Circuit. Appellant's motion to dismiss appeal.

04-198. Charles Crosser et ux. v. James Henson, from Craighead Circuit, Western District. Motion to release exhibits to appellants.

05-940. Michael Roe v. Arkansas Department of Correction et al., from Pulaski Circuit, Third Division. Motion to amend brief.

05-1004. Denise Kaye Chapman et al. v. Ford Motor Company et al., from Baxter Circuit. Appellants' motion to supplement the record.

05-1149. James B. Hanks, MPH v. Jane Marie Sneed et al., from Pulaski Circuit, Twelfth Division. Pro se motion to correct the record, motion for stay of judgment pending appeal, and motion for appellant's relief.

05-1351. Charlie Daniels, as Secretary of State for the State of Arkansas v. Jodi Raines Dennis, from Pulaski Circuit, Sixth Division. Joint motion for expedited consideration of proceedings.

SUBMISSIONS

04-1263. Guy Bobo et ux. v. David W. Jones et al., from Hempstead Circuit. Argued orally.

CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District.

CR04-1368. Warren Camp v. State of Arkansas, from Benton Circuit.

CR05-472. Wallace A. Gardner v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR05-783. Steven Velek et al. v. State of Arkansas (City of Little Rock), from Pulaski Circuit, Seventh Division.

05-310. Charles Lawrence v. City of Texarkana et al., from Miller Circuit.

05-533. Carol Henry et al. v. Darren Buchanan et ux., from Washington Circuit.