ARKANSAS COURT OF APPEALS

Opinions delivered
February 1, 2006


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA05-734. Cottage Café, Inc. and Farmers Insurance Group v. Patricia Collette, from Workers' Compensation Commission. Affirmed in Part, Reversed in Part, and Remanded. Griffen and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR05-154. Paul Criswell v. State of Arkansas, from Faulkner Circuit. Rebriefing Ordered. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-740. Megan Smith v. O'Reilly Automotive, Inc., and American Casualty Company of Reading, Pennsylvania, from Workers' Compensation Commission. Reversed and Remanded. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA05-487. Broderick Pierce and Rhonda Pierce v. Arkansas Department of Human Services, from Pope Circuit. Affirmed. Bird and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-784. Advanced Auto Parts and Royal & Sunalliance v. Delois Lee, from Workers' Compensation Commission. Affirmed. Bird and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR05-471. Frank Schiller v. State of Arkansas, from Franklin Circuit, Ozark District. Affirmed. Gladwin and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA04-1351. Industrial Electronic Supply, Inc. v. Lytle Manufacturing, L.L.C., from St. Francis Circuit. Affirmed as Modified. Gladwin and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA05-28. Byme, Inc. v. Jackie Ivy and Connie Ivy, from Craighead Circuit. Reversed and Remanded. Vaught, Crabtree, and Roaf, JJ., agree. Hart, J., concurs. Gladwin, Griffen, Glover, and Baker, JJ., dissent. (11 PAGES PUBLISHED + 2-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA05-381. Vicki McKinney v. Randall K. McKinney, from Washington Circuit. Affirmed. Bird, Crabtree, and Roaf, JJ., agree. Griffen and Baker, JJ., dissent. (9 PAGES + 3-PAGE DISSENT + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR05-499. Robert Byndom v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Neal, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-749. Ouida Cox, Individually and as an Employee of Arkansas Electric Cooperatives, Inc. and Arkansas Electric Cooperatives, Inc. v. Peggy C. Vernon, from Faulkner Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR05-557. Hozie Ervin, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-235. Justin Eoff v. Arkansas Department of Human Services and J.E., Minor Child, from Benton Circuit. Affirmed; Motion to Withdraw is Granted. Vaught and Baker, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-567. Mary E. Lowe and Nancy F. Lowe v. Owen W. Beard and Bernard M. Beard, from Lonoke Circuit. Affirmed. Pittman, C.J., and Crabtree, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-640. Damon Butler (Deceased) v. Labor Finders and American Gas Company of Reading, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR05-752. Alan D. Tyson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman, C.J., and Roaf, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-807. Carol Schilling v. Excel Corporation, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-986. Marcus Conery v. State of Arkansas, from Jefferson Circuit. Affirmed; Counsel's Motion Granted. Hart and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-379. Tina K. Williams et al. v. Rector Phillips Morse, Inc. et al., from Pulaski Circuit. Affirmed. Hart and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-795. Sammy Swan v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CACR05-561. David Gullett v. State of Arkansas, from Hot Spring Circuit. Affirmed. Griffen and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-482. Kent Keahey d/b/a Keahey Realty v. Nedra Plumlee and Nancy Chandler, from Garland Circuit. Affirmed on Direct Appeal and Cross-Appeal. Griffen and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA05-548. Nancy Gail Epperson v. Charles Lawson Epperson, from Van Buren Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA05-776. Daniel Edrington v. State of Arkansas, from Lonoke Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR05-626. Theresa Roberts v. State of Arkansas, from Carroll Circuit. Affirmed. Griffen and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR05-639. Ellen Kathleen Wheeler and Ronnie Ray Wheeler v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman, C.J., and Glover, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-669. Rita Jones v. Delta Counseling Association and Firstcomp Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman, C.J., and Glover, J., agree. ( 9 PAGES UNPUBLISHED) [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).

E05-149. Delores Gross v. Director et al.

E05-197. Jeremy Barry v. Director et al.

E05-198. Lynnette A. Moeller v. Director et al.

E05-199. Karen Fluker v. Director et al.

E05-200. Christene Riley v. Director et al.

E05-201. Pamela G. Bostwick v. Director et al.

E05-202. Patricia M. Sullivan v. Director et al.

E05-203. Michael E. Laycook II v. Director et al.

E05-204. James E. Jones v. Director et al.

E05-205. Faye Lewis v. Director et al.

E05-206. Willa Martin v. Director et al.

E05-207. Emma Wilson v. Director et al.

E05-210. Lynda S. Shipman v. Director et al.

PER CURIAM ORDERS

CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Wm. H. Craig for attorney's fees is granted. Allowed $1,000.00.

CACR04-169. Eric Perkins v. State of Arkansas, from Yell Circuit, Southern District. Motion of Scott A. Scholl for attorney's fees is granted. Allowed $1,000.00.

CACR04-666. Jedadiah S. Smith v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees is granted. Allowed $800.00.

CACR04-668. Bonnie Hall v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees is granted. Allowed $800.00.

CACR04-1347. Christopher Minniefield v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $800.00.

CACR05-154. Paul Criswell v. State of Arkansas, from Faulkner Circuit. Resubmission of appellee's motion to dismiss appeal. Denied. See opinion this date.

CACR05-488. Courtney Johnson v. State of Arkansas, from Phillips Circuit. Motion of Don Etherly for attorney's fees is granted. Allowed $1,000.00.

CACR05-831. Detrick Deshawn Croston v. State of Arkansas, from Faulkner Circuit. Appellee's motion to supplement the record. Granted.

CACR05-845. Jerome Hatton v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time. Granted. Final extension. Neal and Roaf, JJ., would not make the extension final. Bird, Griffen, and Crabtree, JJ., would deny.

CA05-323. Office Machines, Inc. v. Bruce Mitchell et al., from Jefferson Circuit. Appellant's motion to file belated brief. Granted. Corrected brief tendered on January 25, 2006, is filed this date.

CA05-567. Mary E. Lowe et al. v. Owen W. Beard et al., from Lonoke Circuit. Appellees' motion for costs in preparing supplemental abstract. Denied.

CA05-744. Deann Latiolais v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for additional brief time. Denied. Hart, Glover, Neal, Baker, and Roaf, JJ., would grant.

CA05-832. Kyle Coombs v. Hot Springs Village Property Owners Association et al., from Garland Circuit. Appellant's motion for additional brief time. Granted. Brief due within thirty days. Final extension. Roaf, J., would allow forty-five days. Neal and Crabtree, JJ., would deny. Griffen, J., not participating.

CA05-907. Linda Pitts v. Dustin Mitchell, from Faulkner Circuit. Appellant's motion to file belated reply brief and for brief time. Granted. Glover and Crabtree, JJ., would deny.

CA05-915. Ricky Masters et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for additional time to file brief. Granted. Final extension. Neal and Roaf, JJ., would not make the extension final. Griffen and Crabtree, JJ., would deny.

CA05-947. Rickey Williams et al. v. Arkansas Department of Human Services, from Garland Circuit. Appellant's pro se motion for appointment of counsel. Denied.

CA05-1131. Charles Moody v. Lonnie McNatt et ux., from Pulaski Circuit, Seventeenth Division. Appellant's motion to file belated brief. Granted.

CA05-1141. Davey Lee v. Patricia Lee et al., from Union Circuit. Appellant/Cross-Appellee's motion to file belated cross appeal response brief. Granted.

CA05-1202. Marvin Jones et al. v. Juanita S. Wood Family Limited Partnership, from Lonoke Circuit. Appellants' motion to accept belated tender of supplemental record. Granted.

CA05-1229. Leslie E. Bland v. Baxter Regional Medical Center, from Workers' Compensation Commission. Appellant's motion for remand to settle the record or, alternatively, for the introduction of additional evidence. Denied. Appellant's brief due February 22, 2006.

CA05-1237. Byars Construction Company, LLC v. P & C Management & Construction, LLC, et al., from Jefferson Circuit. Motion of separate appellees, Le Van Dang and Tuyetnga T. Dang, to supplement the record and to stay brief time. Denied. Appellees' briefs remain due on February 7, 2006.

CA05-1335. Cynthia Hardy v. Reginald Wilbourne, from Union Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time. Granted.

CA05-1415. Jane Merle Keahey v. William A. Cox et al., from Miller Circuit. Appellant's motion to supplement the record. Granted.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA05-702. Joseph Strack v. Capital Services Group, LLC, from Pulaski Circuit, Third Division.

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CACR04-804. Tracy L. Ammons v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees.

CACR05-110. Billy Don Drummond v. State of Arkansas, from Crawford Circuit. Motion of Ernie Witt for attorney's fees.

CACR05-483. Dennis Cameron v. State of Arkansas, from Garland Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR05-1248. Christopher Michael Jackson v. State of Arkansas, from Crittenden Circuit. Appellant's petition for writ of mandamus or, appeal bond.

CACR06-62. Jairo Montgomery v. State of Arkansas, from Greene Circuit. Appellant's motion for substitution of counsel.

CA04-1142. Barbara Bingle v. Quality Inn, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA05-620. Robert W. Klock v. Robert D. Klock, from Benton Circuit, Probate Division. Appellee's motion for additional time to file brief.

CA05-747. Tammy Girtman v. Arkansas Department of Human Services, from Washington Circuit. Motion of attorney ad litem to dismiss appeal.

CA05-747. Tammy Girtman v. Arkansas Department of Human Services, from Washington Circuit. Appellant's motion to file belated brief.

CA05-936. Amy Anne Gilbert v. Dean Richardson and Sheron Richardson, from Washington Circuit. Appellant's motion to strike supplemental addendum of appellees.

CA05-1159. Ruby Christine Kiesling v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellee's motion to dismiss appeal.

CA05-1314. Clare C. Martin et al. v. David L. Shew et al., from Baxter Circuit. Appellants' motion to file belated brief.

CA05-1415. Jane Merle Keahey v. William A. Cox et al., from Miller Circuit. Motion of S. Christopher Thomason to withdraw as counsel for appellee, William A. Cox.

CA06-34. Billie C. Mendenhall v. Office of Child Support Enforcement, from Garland Circuit. Appellee's motion to dismiss appeal.

E06-23. Phyllis A. Calvin v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CACR05-608. Fred D. Davis III v. State of Arkansas, from Jefferson Circuit. Argued orally.

CACR05-523. Jimmy Ray May v. State of Arkansas, from Boone Circuit.

CACR05-628. Daniel Thomas Fiting v. State of Arkansas, from Lonoke Circuit.

CACR05-636. Nancy Martin v. State of Arkansas, from Jefferson Circuit.

CACR05-726. Henry Jay Bunch v. State of Arkansas, from Washington Circuit.

CACR05-764. Kelvin LeVorne Jenkins v. State of Arkansas, from Washington Circuit.

CACR05-773. Jeffrey Webb v. State of Arkansas, from Hot Spring Circuit.

CACR05-828. Kathy Cherree Bovela v. State of Arkansas, from Pulaski Circuit, First Division.

CA05-384. Kent Chambers et ux. v. Danny Myers, from Grant Circuit.

CA05-493. Rebecca Tuck v. Arkansas Department of Human Services, from Washington Circuit.

CA05-522. Rolinda Kight v. Arkansas Department of Human Services et al., from Faulkner Circuit.

CA05-555. Shaona Mizell v. Earlene Couey et al., from Poinsett Circuit.

CA05-613. Steven Stouffer et ux. v. T & L Janitorial, Inc., from Sebastian Circuit, Fort Smith District.

CA05-652. Edward L. Warren v. Alexander Youth Services Center et al., from Workers' Compensation Commission.

CA05-674. Freeman E. Green v. Cooper Standard Automotive, Inc., from Workers' Compensation Commission.

CA05-791. Allen Bullington et al. v. Red Roper Club, LTD et al., from Sebastian Circuit, Fort Smith District.

CA05-795. Guy Moon v. David F. Gillison, Jr., from Chicot Circuit.

CA05-802. Office of Child Support Enforcement v. Bobby Ray Adams, from Hempstead Circuit.

CA05-856. Chong Sun Yu et al. v. Metropolitan Fire Extinguisher Co., Inc., from Pulaski Circuit, Seventh Division.

CA05-893. Betty Walker v. Arkansas Department of Human Services, from Little River Circuit.

CA05-899. Tommy Ratliff v. Kellogg Brown and Root, from Workers' Compensation Commission.

CA05-913. Vernon Lockett v. Cooper Tire & Rubber Co., from Workers' Compensation Commission.

CA05-930. Donnie Walton v. MacLean Fogg et al., from Workers' Compensation Commission.

CA05-1032. Gary Combs, LLC v. City of Springdale, from Washington Circuit.