Opinions delivered
March 1, 2006
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA05-729. Bonnie Hodge, as Trustee of the Hermit Hollow Realty Trust v. Chris Cozad, Julie Cozad, Gene Nichols, Carol Nichols and Paul Culbreath, from Fulton Circuit. Affirmed. Robbins and Baker, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA05-847. American Underwriters Insurance Company v. Steven Drummond, Judy Drummond, Kenneth Dilks and Tina Dilks, from St. Francis Circuit. Reversed and Remanded. Vaught and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA05-856. Chong Sun Yu v. Metropolitan Fire Extinguisher Company, from Pulaski Circuit. Reversed and Remanded. Bird, J., agrees. Neal, J., concurs. (5 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR05-779. Charles Higgins v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Neal, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CACR05-959. Daniel Barnes v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR05-986. Renny's Bail Bond Company, Inc. v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Pittman, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR05-818. Vincent Cooper v. State of Arkansas, from Miller Circuit. Affirmed. Glover and Crabtree, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-865. Flavio Rios Guerrero v. OK Foods, Inc., from Sebastian Circuit. Affirmed. Glover and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR05-267. Jimmie Osborne v. State of Arkansas, from Jackson Circuit. Affirmed. Gladwin and Neal, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA05-345. Dania Frausto-Morales Nava v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Gladwin and Neal, JJ., agree. (20 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-568. James L. Roberts and Cynthia A. Roberts v. Robert Dale Boyd; Kennie Mae Boyd and Donald Winningham, from Washington Circuit. Reversed and Remanded. Bird, Crabtree, Baker, and Roaf, JJ., agree. Robbins, J., dissents. (2 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA05-772. James E. Phillips v. Matrix Service Company and Zurich Insurance Company, from Workers' Compensation Commission. Affirmed. Vaught and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CACR05-858. William Earl Cutts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed as Modified. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-1063. Malissa Ann (Sherrill) McFarlin v. James Lynn Sherrill, from Independence Circuit. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CA05-469. Jerome Mark Shipp v. Toni P. Shipp, from Clark Circuit. Reversed and Remanded. Gladwin and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA05-657. Alpha Insurance Company v. Gary Stapleton et al., from Miller Circuit. Affirmed. Bird and Glover, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-700. Shirley Bailey v. Emile Maxwell and Christine Maxwell, from Lonoke Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR05-903. Kendra Katrise DeShazer v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR05-948. Raheem Omar Alamen v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CACR06-19. William Frank Colbert v. State of Arkansas, from Pulaski Circuit. Appeal Dismissed; Motions Moot. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA05-841. Mary E. Miller, Special Administrator of the Estate of Vincent Guy Miller, Deceased v. Centerpoint Energy Resource Corporation, a/k/a ARKLA, et al., from Pulaski Circuit. Dismissed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
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.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA05-478. John O'Hara v. J. Christy Construction Company, from Workers' Compensation Commission. Bird, Griffen, and Crabtree, JJ., would grant.
CA05-750. Hyonsuk Fusaro v. Zaio's Hardwood Floors, from Pulaski Circuit, Sixth Division.
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CACR04-1109. Allen Jason Wooten v. State of Arkansas, from Ouachita Circuit. Motion of Eugene D. Bramblett for attorney's fees is granted. Allowed $1,500.00.
CACR05-58. Nile Floyd v. State of Arkansas, from Izard Circuit. Motion of Jennifer B.Wiggins for attorney's fees is granted. Allowed $1,300.00.
CACR05-172. Gary Anderson v. State of Arkansas, from Saline Circuit. Motion of Dustin D. Dyer for attorney's fees is granted. Allowed $1,400.00.
CACR05-989. Christopher Branning v. State of Arkansas, from Boone Circuit. Appellee's motion to dismiss appeal. Denied. Appellant's counsel is ordered to file a brief within thirty days. Gladwin, Griffen, Vaught, Crabtree, and Roaf, JJ., would grant.
CACR05-1220. Demetrius Hegwood v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Dale E. Adams for appointment of counsel. Granted.
CACR05-1407. Christopher Newton White v. State of Arkansas, from Benton Circuit. Appellant's motion to release sealed record. Granted. See Johnson v. State, 335 Ark. 333, 982 S.W.2d 669 (1998).
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. Granted. Leah Chavis is appointed as counsel for appellant. Brief due within forty days.
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. Denied. Appeal dismissed. See per curiam this date.
CACR06-62. Jairo Montgomery v. State of Arkansas, from Greene Circuit. Appellant's motion to supplement record. Granted.
CA05-922. Christy Winfrey et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Appellant's motion for additional brief time. Glen Hoggard is relieved as counsel. Garry Corrothers is appointed as counsel for appellant. Appellant's brief due within forty-five days.
CA05-1006. Bobby C. Hill v. Watkins Motor Lines, Inc., from Workers' Compensation Commission. Appellant's pro se motion for additional brief time. Granted. Final extension. Griffen, Vaught, and Crabtree, JJ., would deny.
CA05-1011. Aline Sparkman et al. v. Arkansas Department of Human Services, from Fulton Circuit. Appellants' motion to remand to settle the record and to stay brief time. Granted. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.
CA05-1011. Aline Sparkman et al. v. Arkansas Department of Human Services, from Fulton Circuit. Appellants' petition for writ of certiorari to complete the record. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.
CA05-1047. Pro Transportation, Inc. v. Volvo Trucks North America, Inc. et al., from Pulaski Circuit, Second Division. Appellees' motion and amended motion for extension of page limitation. Granted.
CA06-44. Rhonda Coleman et al. v. Dennis W. Jacks, M.D., from Jefferson Circuit. Appellee's petition for writ of certiorari to complete the record and to stay brief time. Granted. Record due within thirty days. Brief due within thirty days thereafter.
CA06-80. Donnie Lemons v. Arkansas Glass Container Corporation et al., from Workers' Compensation Commission. Appellant's motion to correct record and to stay briefing schedule. Granted. Record due within thirty days. Brief due within thirty days thereafter.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA05-381. Vicki McKinney v. Randall K. McKinney, from Washington Circuit.
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CACR04-1262. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Motion of Nona M. Morris to withdraw as counsel for appellant and for award of attorney's fees.
CACR05-189. John Steer v. State of Arkansas, from Yell Circuit, Northern District. Motion of Wm. H. Craig for attorney's fees.
CACR05-628. Daniel Fiting v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.
CACR05-636. Nancy Martin v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.
CACR05-953. Eddy Stanley Harris, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of William O. "Bill" James, Jr., for attorney's fees.
CACR05-1241. Earnest Evans v. State of Arkansas, from Lonoke Circuit. Appellant's petition for writ of certiorari to complete the record.
CACR06-64. Terry Davie v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to supplement the record.
CA05-399. Margie Lineberry v. Riley Farm Property Owners Association et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated reply brief.
CA05-429. Chester Butler et al. v. Leon Harvest, from Drew Circuit. Appellants' third petition for writ of certiorari to complete the record and for brief time.
CA05-763. George M. Stokes v. Farmers Grain Terminal, Inc. et al., from Desha Circuit, Arkansas City District. Appellant's motion to stay briefing schedule, supplement record and supplement addendum.
CA05-777. Ronald Lloyd Coats, III v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.
CA05-823. St. Vincent Health Systems v. Linda Jobe, from Workers' Compensation Commission. Appellee's motion for attorney's fees.
CA05-897. Kenneth Edward Connally v. Catherine Everett Connally, from Pulaski Circuit, Twelfth Division. Resubmission of appellant's motion opposing appellee's response to jurisdictional statement.
CA05-1024. Tracy Blair v. John Blair, from Benton Circuit. Appellant's motion to expedite.
CA05-1070. Tammy Netro v. Arkansas Department of Human Services, from Craighead Circuit, Western District. Appellant's motion for addtional brief time.
CA05-1229. Leslie E. Bland v. Baxter Regional Medical Center, from Workers' Compensation Commission. Appellant's motion to file enlarged brief.
CA05-1299. Wendy Williamson v. Paul Brian Albritton, from Union Circuit. Appellant's motion to disqualify appellee's attorney.
CA06-71. Paul McCain v. Dana R. Sulcer, from Crittenden Circuit. Appellant's petition for writ of certiorari to complete the record.
CA06-117. Nicholas D. Rone v. QHG of Springdale, Inc. et al., from Benton Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time.
SUBMISSIONS
CA05-897. Kenneth Edward Connally v. Catherine Everett Connally, from Pulaski Circuit, Twelfth Division. Argued orally.
CACR05-180. Alfonzo Hendrix v. State of Arkansas, from Nevada Circuit.
CACR05-766. John Garver v. State of Arkansas, from Garland Circuit.
CACR05-819. Roger Paul Williams v. State of Arkansas, from Poinsett Circuit.
CACR05-925. Robert W. Franklin v. State of Arkansas, from Logan Circuit, Southern District.
CACR05-958. Linda Reynolds v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR05-1064. Terry Williams v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR05-1107. Craig Anthony Hall v. State of Arkansas, from Garland Circuit.
CA05-424. Mary Daniel et al. v. The City of Ashdown, Arkansas, from Little River Circuit.
CA05-447. John S. Landingham, Sr. v. Arkansas Department of Human Services, from Benton Circuit.
CA05-886. Jerry Anderson et al. v. Charles Stewart, from Garland Circuit.
CA05-889. Delta Consolidated Industries, Inc. et al. v. Michael Nelson, from Workers' Compensation Commission.
CA05-896. David Parks et ux. v. Michael R. Vierling et ux., from Baxter Circuit.
CA05-914. John Russell Sparks v. Sue Beth Sparks (Bates), from Howard Circuit.
CA05-1038. Lynda Rudd v. A. L. Tenny Trustee et al., from Workers' Compensation Commission.
CA05-1044. Earnest Dale Lohman v. SSI, Inc. et al., from Workers' Compensation Commission.
CA05-1140. David Johnson v. Latex Construction Company et al., from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E05-46. Alex Sylvester v. Director et al.
E05-245. Netra D. Lewis v. Director et al.
E05-250. Doc Williams v. Director et al.
E05-251. Sheila A. Bannister v. Director et al.
E05-252. Stephen W. Bonds v. Director et al.
E05-253. Patrice S. Cutter v. Director et al.
E05-254. Carla Wasiw v. Director et al.
E05-255. Nancy L. Ward v. Director et al.
E05-256. Travis Chaney v. Director et al.
E05-258. Almeda Gault v. Director et al.
E05-259. Linda M. McCather v. Director et al.
E05-260. Patricia A. Manning v. Director et al.
E05-261. Erica D. Williams v. Director et al.