ARKANSAS COURT OF APPEALS

Opinions delivered
March 8, 2006


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CA05-982. Eugene Newton v. Catherine D. Tidd, from Polk Circuit. Reversed and Remanded. Robbins and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR05-892. Keithon Earl Bogan v. State of Arkansas, from Washington Circuit. Affirmed. Vaught and Roaf, JJ. agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-1019. Ronny Deaver, Administrator of the Estate of Faye Deaver v. Faucon Properties, Inc. d/b/a St. Andrews Place; St. Andrews Place, Inc. d/b/a St. Andrews Place; and William Mainord, from Faulkner Circuit. Reversed and Remanded. Vaught and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA05-613. Steven Stouffer and Pamela Stouffer v. T & L Janitorial, Inc. d/b/a ServiceMaster, from Sebastian Circuit. Dismissed. Robbins and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR05-909. Harold Stevie Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Pittman, C.J., and Baker, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-581. James E. Morehouse v. Lori Morehouse Lawson, from Craighead Circuit, Western District. Affirmed on Appeal; Reversed and Remanded on Cross-Appeal. Pittman, C.J., and Baker, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA05-653. Frederick Lee Pitchford v. City of Earle, from Crittenden Circuit. Affirmed. Glover and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

E05-227. Andre D. West v. Director, Employment Security Department and Department of Workforce Services and Habilitation Center, Inc. d/b/a Millcreek of Arkansas, from Board of Review. Reversed and Remanded. Hart and Neal, JJ, agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR05-405. Blake Bryant v. State of Arkansas, from Ouachita Circuit. Affirmed. Gladwin and Neal, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR05-717. David Robbins and Debra Kay Steenblock v. State of Arkansas, from Benton Circuit. Reversed and Remanded. Gladwin and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA05-1100. City of Stuttgart and Municipal League Workers' Compensation Trust v. James Bragg, from Workers' Compensation Commission. Affirmed. Gladwin and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR05-300. Melvin Mayweather v. State of Arkansas, from Pulaski Circuit. Affirmed. Roaf, J., agrees. Hart, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA05-844. Terry Koonce v. Cedarville Waterworks, Cunningham Lindsey Insurance and Second Injury Fund, from Workers' Compensation Commission. Affirmed. Hart and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR05-775. Jimmy Bumgardner v. State of Arkansas, from Saline Circuit. Dismissed. Glover, J., agrees. Bird, J., concurs. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-910. Billy Joe Moody v. Farm Bureau Mutual Insurance Company of Arkansas, Inc., et al., from Pulaski Circuit. Affirmed. Pittman, C.J., and Glover, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR05-1092. Dennis Richard Harrington v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA05-522. Rolinda Kight v. Arkansas Department of Human Services, from Faulkner Circuit, Juvenile Division. Affirmed. Glover, J., agrees. Pittman, C.J., concurs. (12 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA05-842. Alexander Moix v. State of Arkansas, from Faulkner Circuit. Affirmed. Hart and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA05-381. Vicki McKinney v. Randall K. McKinney, from Washington Circuit. Griffen and Baker, JJ., would grant.

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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 is granted. Allowed $1,400.00.

CACR05-189. John Steer v. State of Arkansas, from Yell Circuit, Northern District. Motion of Wm. H. Craig for attorney's fees is granted. Allowed $1,500.00.

CACR05-628. Daniel Fiting v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,400.00.

CACR05-636. Nancy Martin v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $1,200.00.

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 is granted. Allowed $1,200.00.

CACR05-1241. Earnest Evans v. State of Arkansas, from Lonoke Circuit. Appellant's petition for writ of certiorari to complete the record. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

CACR06-64. Terry Davie v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to supplement the record. Denied.

CA05-399. Margie Lineberry v. Riley Farms Property Owners Association et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated reply brief. Granted.

CA05-429. Chester Butler et al. v. Leon Harvest, from Drew Circuit. Appellants' third petition for writ of certiorari to complete the record. Denied. Griffen and Crabtree, JJ., would grant. Appellant's brief due in thirty days.

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. Granted. Supplemental record due within thirty days. Brief due within thirty days thereafter.

CA05-777. Ronald Lloyd Coats, III v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,400.00.

CA05-823. St. Vincent Health Systems v. Linda Jobe, from Workers' Compensation Commission. Appellee's motion for attorney's fees. Granted.

CA05-1024. Tracy Blair v. John Blair, from Benton Circuit. Appellant's motion to expedite. Granted.

CA05-1070. Tammy Netro v. Arkansas Department of Human Services, from Craighead Circuit, Western District. Appellant's motion for additional brief time. Granted. Gladwin, Griffen, and Crabtree, JJ., would deny.

CA05-1229. Leslie E. Bland v. Baxter Regional Medical Center, from Workers' Compensation Commission. Appellant's motion to file enlarged brief. Granted in part. Appellant allowed ten additional pages. Neal and Roaf, JJ., would allow twenty additional pages. Pittman, C.J., Gladwin, and Crabtree, JJ., would deny.

CA05-1299. Wendy Williamson v. Paul Brian Albritton, from Union Circuit. Appellant's motion to disqualify appellee's attorney. Moot. Appellee's attorney's motion to withdraw is granted. Appellee is granted sixty days to obtain counsel and to file his brief.

CA06-71. Paul McCain v. Dana R. Sulcer, from Crittenden Circuit. Appellant's petition for writ of certiorari to complete the record. Remanded to the trial court to settle the record within thirty days. Brief due within forty-five days thereafter.

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. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA05-795. Guy Moon v. David F. Gillison, Stephen Tisdale, and Hon. Robert C. Vittitow, from Chicot Circuit.

CA05-809. Steven Baker v. Dana Corporation and Hartford Insurance Company, from Workers' Compensation Commission.

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CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit. Affidavit of appellant's counsel per Court's opinion of February 15, 2006.

CACR04-1020. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Appellant's motion to stay brief time and to supplement the record.

CACR05-267. Jimmie D. Osborne v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.

CACR05-658. Edward R. Hicks v. State of Arkansas, from Nevada Circuit. Appellant's motion to file belated supplemental record and for brief time.

CACR05-845. Jerome Hatton v. State of Arkansas, from Crittenden Circuit. Appellee's motion to substitute brief.

CACR05-1219. Anthony Manriquez Enriquez v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time.

CACR05-1283. Wendell A. Shields v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to file belated brief.

CACR06-173. Efrain Viveros v. State of Arkansas, from Crawford Circuit. Appellant's motion for substitution of attorneys.

CA05-620. Robert W. Klock v. Robert D. Klock, from Benton Circuit. Appellee's motion to dismiss appeal.

CA05-796. First United, Inc. v. Chicago Title Insurance Company et al., from Garland Circuit. Appellant's motion for oral argument.

CA05-944. Dana Milam v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion for additional brief time.

CA05-957. Charles F. Burkett v. Martha A. Burkett, from Pulaski Circuit, Seventh Division. Appellant's motion to complete the record and for extension of brief time.

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

CA05-1014. Amanda Yarborough et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for additional brief time.

CA05-1060. Marvin Kelly Kirkland v. State of Arkansas, from Lonoke Circuit. Motion of John Ogles for attorney's fees.

CA05-1070. Tammy Netro v. Arkansas Department of Human Services, from Craighead Circuit, Western District. Appellant's motion for additional brief time.

CA05-1208. City of Farmington et al. v. Laura Smith et al., from Washington Circuit. Appellees' motion to dismiss appeal and to advance and affirm and motion to stay briefing schedule.

CA05-1221. A. W. Phillipy v. Sandra L. O'Reilly, from Yell Circuit, Northern District. Appellee's motion to dismiss appeal.

CA05-1405. John A. Smith et al. v. Karen A. Eisen, from Sebastian Circuit, Fort Smith District. Appellee's petition for writ of certiorari to complete the record and motion to stay brief time.

CA06-132. Frank Myers v. David Yingling et ux., from White Circuit. Appellant's motion to expand appeal, extend time for supplementing record and request for new briefing schedule.

CA06-152. Jerri Michelle Clemmerson v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Joint motion for substitution of counsel and for brief time.

SUBMISSIONS

CACR05-269. James Richard Dortch v. State of Arkansas, from Crawford Circuit.

CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit.

CACR05-781. Larry Wayne Stephens v. State of Arkansas, from Lonoke Circuit.

CACR05-881. Detrick Deshawn Croston v. State of Arkansas, from Faulkner Circuit.

CACR05-992. Kentrell L. Hill v. State of Arkansas, from Ouachita Circuit.

CACR05-1017. Fouad T. Saeidi v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA05-208. Ken's Discount Building Materials, Inc. v. Steven Meeks, from Union Circuit.

CA05-366. Kelley Moiser v. Arkansas Department of Human Services, from Cleburne Circuit.

CA05-821. Ronald M. Osborne v. Ashley Salmon et al., from Pulaski Circuit, Seventeenth Division.

CA05-918. Cynthia Hardy v. United Service Automobile Association et al., from Union Circuit.

CA05-928. Georgia Shoe v. Custom Pak, Inc. et al., from Workers' Compensation Commission.

CA05-966. Jerald Wilson v. Cornerstone Masonry, from Workers' Compensation Commission.

CA05-1046. Concrete Wallsystems of Arkansas, Inc. v. Master Paint Industrial Coating Corporation, from Garland Circuit.

CA05-1050. Logan County et al. v. Robert Aydelott, from Workers' Compensation Commission.

CA05-1055. Roberta Massey v. Mufiz A. Chauhan, M.D., from Independence Circuit.

CA05-1079. Rholan Nelson v. Dr. John B. Weiss, from Boone Circuit.

CA05-1120. Jana J. Stephens v. North Ridge Health Care Rehabilitation, from Workers' Compensation Commission.

CA05-1198. Southwest Arkansas Development Council, Inc. et al. v. Irene Tidwell, from Workers' Compensation Commission.