ARKANSAS COURT OF APPEALS

Opinions delivered
January 4, 2006


Download ZIP file containing today's published WP5.1 files.
Download ZIP file containing today's unpublished WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR05-417. Phillip Dwayne Duvall v. State of Arkansas, from Grant Circuit. Appeal Dismissed. Griffen and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR05-697. John Sharp Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Glover and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-622. Dwight D. Seagraves v. Delta Consolidated Industries and GAB Robins North America, Inc., from Workers' Compensation Commission. Remanded. Glover and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR05-708. Steven Edward Gwin v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Bird and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-1302. Rebecca Clem v. The Estate of Annie Ree Hopkins, from Miller Circuit. Reversed and Remanded. Pittman, C.J., agrees. Hart, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA05-623. Bobby Johnson v. R&G Masonry and Northwestern National Casualty Company, from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Neal and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA05-474. Musson Custom Building, Inc. v. Gilmar Valladares and Juan Guerrero d/b/a J&M Roofing, from Workers' Compensation Commission. Affirmed. Robbins, J., agrees. Griffen, J., concurs. (6 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA05-602. Linda Boss Foster v. Express Personnel Services and American Home Assurance Company, from Workers' Compensation Commission. Reversed and Remanded. Robbins and Bird, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA05-695. Brian Sabinske v. Morgan Buildings & Spas, Inc., and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Crabtree, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR05-330. Rickey Neal v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Hart and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-541. Bobby Jay Smith v. Sallie Annette Smith, from Sebastian Circuit. Affirmed in Part; Reversed and Remanded in Part. Hart and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA05-785. St. Edward Mercy Medical Center and Sisters of Mercy Health System v. Sondra Clark, from Workers' Compensation Commission. Affirmed. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA05-770. Victor Chiolak v. Patricia Chiolak, from Faulkner Circuit. Dismissed. Gladwin and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR05-551. Johuan Nathan Bunting v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Griffen, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-492. Hazel Parker v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Reversed and Dismissed on Cross-Appeal; Direct Appeal Moot. Pittman, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR05-334. Armone Pride v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Glover, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA05-702. Joseph Strack v. Capital Services Group, LLC, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Neal, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CA05-212. Richard Kimbell v. Association of Rehab Industry and Business Companion Property and Casualty, from Workers' Compensation Commission.

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.

CA05-413. Lawrence Q. Moore v. Helena/West Helena School Risk Management Resources, from Workers' Compensation Commission.

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

E04-385. Southwestern Bell Telephone, L.P. v. Director, Arkansas Employment Security Department and Stephen E. Barkley, from Board of Review. Crabtree, J., would grant.

*****************************

CACR05-209. Ricky McCoy v. State of Arkansas, from Bradley Circuit. Motion of Joseph P. Mazzanti, III, for attorney's fees is granted. Allowed $1,000.00.

CACR05-210. Joseph S. Parker v. State of Arkansas, from Logan Circuit, Southern District. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR05-228. Frank E. Morgan v. State of Arkansas, from Bradley Circuit. Motion of Joseph P. Mazzanti, III, for attorney's fees is granted. Allowed $1,000.00.

CACR05-238. Jeff Juckett v. State of Arkansas, from Saline Circuit. Motion of Dustin D. Dyer for attorney's fees is granted. Allowed $1,000.00.

CACR05-513. Jimmy D. Phillips v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR05-658. Edward R. Hicks v. State of Arkansas, from Nevada Circuit. Appellant's motion for extension of time to supplement the record. Granted. Supplement due January 16, 2006.

CACR05-717. David Robbins and Debra Kay Steenblock v. State of Arkansas, from Benton Circuit. Appellants' motion for extension of time to file belated reply brief. Granted.

CACR05-845. Jerome Hatton v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time. Granted.

CACR05-943. Harold Stevie Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal. Granted.

CACR05-1147. Kelly Lambert v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of J. Fletcher See, III to withdraw as counsel; for substitution of J. Brooks Wiggins as counsel and for brief time. Granted. Brief due within thirty days (February 3, 2006).

CACR05-1188. Stephen F. Majchier v. State of Arkansas, from Franklin Circuit, Northern District. Appellee's motion to dismiss appeal. Granted. See McDonald v. State, 354 Ark. 680, 124 S.W.3d 438 (2003).

CACR05-1345. Joseph H. Bell v. State of Arkansas, from Greene Circuit. Appellant's pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Denied.

CA04-253. Erica Suggs-Rendon v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees and costs is granted. Allowed $1,000.00 in fees and $345.00 in expenses.

CA04-1008. Second Injury Fund v. Sedgwick James of Arkansas, G.E. Railcar Repair, and Calvin Randle, from Workers' Compensation Commission. Appellees'/Cross-Appellants' motion for decision to be published. Denied.

CA04-1271. Kent Smith v. Jimmy and Becky Winemiller, from Perry Circuit. Appellant's pro se motion to reconsider the order. Denied.

CA05-122. Rhonda Long et al. v. Arkansas Department of Human Services, from Lawrence Circuit. Motion of Val P. Price for attorney's fees and costs is granted. Allowed $1,000.00 in fees and $295.96 in expenses.

CA05-429. Chester Butler et al. v. Leon Harvest, from Drew Circuit. Second petition for writ ofcertiorari to complete the record and for brief time. Granted.

CA05-593. Brandi Smith v. Arkansas Department of Human Services, from Greene Circuit. Motion of Val P. Price for attorney's fees and costs is granted. Allowed $1,000.00 in fees and $234.04 in expenses.

CA05-750. Hyonsuk Fusaro v. Zaio's Hardwood Floors, from Pulaski Circuit, Sixth Division. Appellee's motion to stay appeals judgment and request to file belated brief. Denied.

CA05-971. Martha Luginbill v. Andy Luginbill, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief. Granted.

CA05-1048. Nina Delt et al. v. Grant Paddock Bowers et al., from Sebastian Circuit, Fort Smith District. Appellants' motion for leave to file belated brief. Granted.

CA05-1213. Jerry Wilson v. Jennifer Construction Company, from Workers' Compensation Commission. Appellant's motion to supplement the record and for brief time. Remanded to the Commission to settle the record within thirty days. Appellant's brief due thirty days thereafter.

CA05-1358. Wal-Mart Associates, Inc. et al. v. Frederick Marshall, from Workers' Compensation Commission. Appellant's motion for rule on clerk to lodge transcript. Denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA05-224. Harold McManus et al. v. Mickey McDonald et al., from Jefferson Circuit.

CA05-476. Glenda Brotherton v. White River Area Agency on Aging; Federated Mutual Insurance Company, from Workers' Compensation Commission.

CA05-537. Craig Campbell et al. v. James Carter et al., from Washington Circuit.

*****************************

CACR05-262. Jonathan B. Gonder v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CACR05-336. Terry Joe Cox v. State of Arkansas, from Hot Spring Circuit. Motion of Gregory Crain for attorney's fees.

CACR05-1214. Robert Heath Killian v. State of Arkansas, from Union Circuit. Resubmission after remand of motion to withdraw of Robert Jeffrey and motion of James Bennett to be substituted.

CACR05-1257. Travis Wayne Davis, Jr. v. State of Arkansas, from Lonoke Circuit. Appellant's motion to sever record into two separate cases and for brief time.

CACR05-1372. Jerry Eaton v. State of Arkansas, from Greene Circuit. Motion of Joe Holifield to be relieved as counsel for appellant.

CACR05-1372. Jerry Eaton v. State of Arkansas, from Greene Circuit. Motion of M. Brian Miles to withdraw as counsel for appellant.

CA04-684. Jerrell Yancey v. B & B Supply et al., from Workers' Compensation Commission. Appellant's motion for costs and penalties.

CA04-915. Katheryn Neves Da Rocha et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellants' motion for stay of mandate in order to petition for writ of certiorari.

CA05-744. Deann Latiolais v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for extension of brief time.

CA05-915. Ricky Masters et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellee's motion to supplement the record and to dismiss appeal as moot and to stay brief time.

CA05-996. Robert Glen Bishop v. Suzanne Bishop, from Sebastian Circuit, Fort Smith District. Appellee's amended motion to stay appeal and continuing the briefing schedule.

E05-295. Sylvia D. Watson-Baker v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit.

CACR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit.

CACR04-795. Sammy Swan v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR04-1146. Charnaley Marshall v. State of Arkansas, from Clark Circuit.

CACR04-1262. Robert C. Taylor v. State of Arkansas, from Drew Circuit.

CACR05-704. James T. Donathan, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR05-801. Eddie Lee Small v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA05-169. Wael Abdin v. Delores Abdin, from Pulaski Circuit, Twelfth Division.

CA05-487. Rhonda Pierce et al. v. Arkansas Department of Human Services, from Pope Circuit.

CA05-510. Julius S. Morehead v. Valerie R. Morehead, from Ouachita Circuit.

CA05-558. Jeremy Napier v. Christie Napier Boyette, from Sebastian Circuit, Fort Smith District.

CA05-610. Greg Reynold Sims v. Virginia Ann Sims, from Johnson Circuit.

CA05-640. Damon Butler (Deceased) v. Labor Finders et al., from Workers' Compensation Commission.

CA05-711. Weyerhaeuser Company v. Bill Krantz, from Workers' Compensation Commission.

CA05-712. William Gee v. Julia Harris, from Garland Circuit.

CA05-719. Charlene Henderson v. Lennox Industries, Inc. et al., from Workers' Compensation Commission.

CA05-730. Juana Martinez v. Megan Wright, from Benton Circuit.

CA05-888. Aymee Z. Zamarripa v. Arkansas Department of Human Services, from Benton Circuit.

The following cases are appeals from the Arkansas Board of Review.

E05-173. Willie M. Watkins v. Director et al.

E05-174. Jose Rosales v. Director et al.

E05-175. Patricia A. Matheney v. Director et al.

E05-177. Nimocks Oil Co., Inc. v. Director et al.

E05-178. Crystal L. Lockhart v. Director et al.

E05-179. Daniel Tabor v. Director et al.

E05-180. Marvin Jenkins v. Director et al.

E05-181. Hayward L. Tatum, Jr. v. Director et al.

E05-182. Steven D. Durand v. Director et al.

E05-183. John R. Ezell v. Director et al.

E05-184. Jennifer L. Cason v. Director et al.

E05-185. Gary L. Richardson v. Director et al.