Opinions delivered
February 15, 2006
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR04-1195. Nery Estacuy v. State of Arkansas, from Carroll Circuit, Eastern District. Affirmed. Glover and Roaf, JJ., agree. [7 PAGES PUBLISHED] [HTML, WP5.1]
CA05-588. Brenda Bradley and Kathleen Sasser v. Johnny Welch et al., from Lafayette Circuit. Affirmed. Glover and Roaf, JJ., agree. [14 PAGES PUBLISHED] [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR05-393. Daniel R. Breshears v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Gladwin, Robbins, Bird, and Griffen, JJ., agree. Pittman, C.J., dissents. [9 PAGES + 5-PAGE DISSENT PUBLISHED] [HTML, WP5.1]
CA05-860. Apple Tree Service, Inc. and AIG Claim Services, Inc. v. Gill Grimes, from Workers’ Compensation Commission. Affirmed. Bird and Neal, JJ., agree. [3 PAGES PUBLISHED] [HTML, WP5.1]
CA05-913. Vernon Lockett v. Cooper Tire & Rubber Company, from Workers’ Compensation Commission. Affirmed. Bird and Neal, JJ., agree. [4 PAGES UNPUBLISHED] [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR05-373. Jerome Lewis v. State of Arkansas, from Phillips Circuit. Affirmed. Robbins and Crabtree, JJ., agree. [6 PAGES UNPUBLISHED] [HTML, WP5.1]
CA05-930. Donnie Walton, Employee v. MacLean Fogg, Employer and Wausau Insurance Company, Carrier, from Workers’ Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. [8 PAGES UNPUBLISHED] [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR05-523. Jimmy Ray May v. State of Arkansas, from Boone Circuit. Affirmed. Gladwin and Crabtree, JJ., agree. [10 PAGES PUBLISHED] [HTML, WP5.1]
CA05-384. Kent Chambers and Connie Chambers v. Danny Myers, from Grant Circuit. Affirmed. Gladwin and Crabtree, JJ., agree. [6 PAGES UNPUBLISHED] [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit. Remanded for Rebriefing. Pittman, C.J., and Crabtree, J., agree. [6 PAGES PUBLISHED] [HTML, WP5.1]
CACR04-807. Brian Pierre Rhodes v. State of Arkansas, from Hempstead Circuit. Remanded for Rebriefing. Pittman, C.J., and Crabtree, J., agree. [4 PAGES UNPUBLISHED] [HTML, WP5.1]
CACR05-773. Jeffrey Webb v. State of Arkansas, from Hot Spring Circuit. Appeal Dismissed. Vaught and Baker, JJ., agree. [3 PAGES PUBLISHED] [HTML, WP5.1]
CA05-703. Tisha Pauline Sill v. Charles Bradley Sill, from Benton Circuit. Affirmed. Robbins, Crabtree, and Roaf, JJ., agree. Bird and Baker, JJ., dissent. [14 PAGES + 10-PAGE DISSENT PUBLISHED] [HTML, WP5.1]
CA05-791. Allen Bullington and Thomas Aaron Matthews v. Red Roper Club, Ltd. d/b/a Electric Cowboy of Fort Smith, Patricia Leigh Dye, and Justin Dye, from Sebastian Circuit. Appeal Dismissed. Vaught and Baker, JJ., agree. [5 PAGES UNPUBLISHED] [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CA05-802. State of Arkansas Office of Child Support Enforcement v. Bobby Ray Adams, from Hempstead Circuit. Affirmed. Pittman, C.J., and Roaf, J., agree. [6 PAGES PUBLISHED] [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR05-636. Nancy Martin v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Bird, JJ., agree. [3 PAGES UNPUBLISHED] [HTML, WP5.1]
CA05-493. Rebecca Tuck and Timmy Clock v. Arkansas Department of Human Services, from Washington Circuit. Appeal Dismissed. Hart and Bird, JJ., agree. [4 PAGES UNPUBLISHED] [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR05-608. Fred D. Davis III v. State of Arkansas, from Jefferson Circuit. Affirmed. Griffen and Baker, JJ., agree. [8 PAGES PUBLISHED] [HTML, WP5.1]
CA05-893. Betty Walker v. Arkansas Department of Human Services, from Little River Circuit. Affirmed. Griffen and Baker, JJ., agree. [3 PAGES UNPUBLISHED] [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR05-726. Henry Jay Bunch v. State of Arkansas, from Washington Circuit. Affirmed as Modified. Gladwin and Robbins, JJ., agree. [5 PAGES PUBLISHED] [HTML, WP5.1]
CA05-795. Guy Moon v. David F. Gillison, Stephen Tisdale, and Hon. Robert C. Vittitow, from Chicot Circuit. Affirmed. Gladwin and Robbins, JJ., agree. [8 PAGES UNPUBLISHED] [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR05-764. Kelvin Levorne Jenkins v. State of Arkansas, from Washington Circuit. Affirmed. Griffen and Vaught, JJ., agree. [5 PAGES UNPUBLISHED] [HTML, WP5.1]
CA05-899. Tommy Ratliff v. Kellogg Brown and Root, from Workers’ Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. [4 PAGES UNPUBLISHED] [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR05-828. Kathy Boveia v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Pittman, C.J., and Glover, J., agree. [9 PAGES PUBLISHED] [HTML, WP5.1]
PER CURIAM OPINION:
CA05-846. FMCO Promotions d/b/a Air Charter Express v. Pratt & Whitney Engine Service, from Stone Circuit. Dismissed. [4 PAGES UNPUBLISHED] [HTML, WP5.1]
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CACR05-554. Raymond R. Douglas v. State of Arkansas, from Pulaski Circuit, Sixth Division.
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CACR03-986. Marcus Conery v. State of Arkansas, from Jefferson Circuit. Motion of Donald E. Warren, Sr., for attorney's fees is granted. Allowed $500.00.
CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit. Motion of Donald E. Warren, Sr., for attorney's fees is denied.
CACR04-1001. Walter DeShazo v. State of Arkansas, from Sevier Circuit. Appellee's motion to dismiss appeal. Denied. Appellant's counsel is ordered to file a brief within thirty days.
CACR05-230. Hezekiah Pierce v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $1,000.00.
CACR05-499. Robert Byndom v. State of Arkansas, from Pulaski Circuit, First Division. Motion of David O. Bowden for attorney's fees is granted. Allowed $1,000.00.
CACR05-1182. Rebecca Baker v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief. Granted.
CA05-456. Jeffrey Porter et al. v. Arkansas Department of Human Services, from Little River Circuit. Motion of Arkansas Department of Human Services to set final due date for appellant's brief to be filed. Denied. Appellee's brief due within fifteen days.
CA05-744. Deann Latiolais et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Arkansas Department of Human Services to set final due date for appellant's brief to be filed. Denied.
CA05-776. Daniel Edrington v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.
CA05-822. St. Vincent Health Systems v. Doris James, from Workers' Compensation Commission. Appellee's motion for attorney's fees. Granted.
CA05-926. Wilma Lee v. Mark Martindale et al., from Saline Circuit. Appellant's motion to amend record and motion to stay brief time. Granted. Brief due within thirty days. Pittman, C.J., and Crabtree, J., would remand to the trial court to settle the record. Glover, J., not participating.
CA05-1014. Amanda Yarborough et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for belated brief and for brief time. Granted. Pittman, C.J., and Bird, J., would make this the final extension. Griffen and Crabtree, JJ., would deny.
CA05-1047. Pro Transportation, Inc. v. Volvo Trucks North America, Inc. et al., from Pulaski Circuit, Second Division. Appellees' motion to seal portion of supplemental addendum and to file separate volume containing material under seal. Granted.
CA05-1159. Ruby Christine Kiesling v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellee's motion to dismiss appeal. Denied.
CA05-1197. Arkansas Department of Human Services v. Shelly Holman, from Carroll Circuit, Eastern District. Appellee's motion to unseal record and stay briefing schedule. Granted. See Johnson v. State, 335 Ark. 333, 982 S.W.2d 669 (1998).
CA05-1276. Virginia Totten Werts v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion of Arkansas Department of Human Services to set final due date for appellant's brief to be filed. Denied.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR04-1146. Charnaley Marshall v. State of Arkansas, from Clark Circuit.
CA05-750. Hyonsuk Fusaro v. Zaio's Hardwood Floors, from Pulaski Circuit, Sixth Division.
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CACR04-594. Danny Lee Geren v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Wm. H. Craig for attorney's fees.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Resubmission of appellant's pro se motion to dismiss conviction.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Resubmission of appellant's pro se motion and second pro se motion to reverse probation conviction based on double jeopardy.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Resubmission of appellant's pro se motion to amend motion to dismiss conviction and to reverse order revoking probation.
CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Resubmission of appellant's pro se motion to reverse order revoking probation.
CACR05-679. Billy Joe Henson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Cecilia Ashcraft for attorney's fees and costs.
CACR06-12. Carl Pippen, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Faber D. Jenkins to be relieved as counsel for appellant and for brief time.
CACR06-19. William Frank Colbert v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for appointment of counsel; motion for extension of time to file brief; and motion for duplication of documents pursuant to the Freedom of Information Act.
CA05-487. Rhonda Pierce et al. v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees and costs.
CA05-922. Christy Winfrey et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Appellant's motion for additional brief time.
CA05-1159. Ruby Christine Kiesling v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellant’s motion to file belated brief.
CA05-1286. Earl L. Moore, Jr. v. Maria Moore, from Pulaski Circuit, Seventeenth Division. Appellee's motion to dismiss appeal.
CA06-141. Grady Martin, Jr. v. Jensen Construction Company et al., from Workers' Compensation Commission. Appellant's pro se motion for rule on clerk to lodge transcript.
SUBMISSIONS
CACR05-300. Melvin Mayweather v. State of Arkansas, from Pulaski Circuit, Sixth Division. Argued orally.
CACR05-267. Jimmie D. Osborne v. State of Arkansas, from Jackson Circuit.
CACR05-717. David Robbins and Debra Kay Steenblock v. State of Arkansas, from Benton Circuit.
CACR05-775. Jimmy D. Bumgardner v. State of Arkansas, from Saline Circuit.
CACR05-779. Charles Higgins v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR05-818. Vincent Cooper v. State of Arkansas, from Miller Circuit.
CACR05-858. William Earl Cutts v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR05-903. Kendra Katrise Deshazer v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR05-948. Raheem Omar Alamen v. State of Arkansas, from Hot Spring Circuit.
CACR05-986. Renny's Bail Bond Co. v. State of Arkansas, from Pulaski Circuit, Second Division.
CA05-345. Dania Frausto-Morales Nava v. Arkansas Department of Human Services, from Benton Circuit.
CA05-469. Jerome Mark Shipp v. Toni P. Shipp, from Clark Circuit.
CA05-657. Alfa Insurance Company v. Gary Stapleton et al., from Miller Circuit.
CA05-696. Phillip Clairday v. The Lilly Company, from Workers' Compensation Commission.
CA05-729. Bonnie Hodge v. Chris Cozad et al., from Fulton Circuit.
CA05-847. American Underwriters Insurance Co. v. Kenneth Dilks et al., from St. Francis Circuit.
CA05-865. Flavio Rios Guerrero v. OK Foods, Inc., from Sebastian Circuit, Fort Smith District.
CA05-1063. Malissa Ann Sherrill McFarland v. James Lynn Sherrill, from Independence Circuit.
The following cases are appeals from the Arkansas Board of Review.
E05-235. Maverick Transportation, Inc. v. Director et al.
E05-236. Clauzell Jackson v. Director et al.
E05-239. Rodney Curley v. Director et al.
E05-240. Alvin R. Allen v. Director et al.
E05-241. Jerry T. Thomas v. Director et al.
E05-242. Precision Tune Auto Care v. Director et al.
E05-243. Cowherd Family Medical Center v. Director et al.
E05-244. Arnold Williams v. Director et al.
E05-246. Carol Furr v. Director et al.
E05-247. The Work Place, Inc. v. Director et al.
E05-248. A Team Temporary Service v. Director et al.
E05-249. Kimberly A. Stogdill v. Director et al.