Opinions delivered
April 5, 2006
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JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA05-447. John S. Landingham, Sr. v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Robbins and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR05-289. Craig Harris v. State of Arkansas, from Crawford Circuit. Affirmed. Robbins and Glover, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA05-1153. Sara L. Synnott v. Fox Ridge Estates and Westport Insurance Corporation, from Workers' Compensation Commission. Reversed and Remanded. Hart and Glover, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA05-1055. Roberta Massey v. Mufiz Chauhan, M.D., from Independence Circuit. Affirmed. Gladwin and Neal, JJ., agree. (17 PAGES UNPUBLISHED) [HTML, WP5.1]
E05-76. Ima J. Carman v. Director, Employment Security Department and Advanced O & P Techniques, from Board of Review. Affirmed. Pittman, C.J., and Roaf, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
DAVID M. GLOVER, JUDGE:
CA05-907. Linda Pitts v. Dustin Mitchell, from Faulkner Circuit. Affirmed as Modified in Part; Dismissed in Part. Hart and Robbins, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
E05-256. Travis Chaney v. Artee Williams, Director, Department of Workforce Services and Wal-Mart Associates, Inc., from Board of Review. Reversed and Remanded. Gladwin and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA05-765. Bernice Johnson v. Lisa Wilcox, Wayne McKaskle, and Eric McKaskle, from Faulkner Circuit. Reversed and Remanded. Gladwin and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR05-974. Susan Lawson v. State of Arkansas, from Jefferson Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR05-269. James Richard Dortch v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-1142. Barbara Bingle v. Quality Inn and Union Standard Insurance Company, from Workers' Compensation Commission. Rebriefing Ordered. Bird and Neal, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CA05-882. Gretchen Gray Norton v. Nathan M. Norton, Jr., from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]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).
E05-262. Ramona Barr v. Director et al.
E05-263. Diane Aikens v. Director et al.
E05-264. Delois E. Collins v. Director et al.
E05-265. Dr. Tipaksorn Tungjunyatham v. Director et al.
E05-266. Shannon D. French v. Director et al.
E05-267. Penny L. Graham v. Director et al.
E05-268. Sheila J. Kauffeld v. Director et al.
E05-269. Jennifer J. Clendening v. Director et al.
E05-270. Sally Harrison v. Director et al.
E05-272. Kelly A. King v. Director et al.
E05-273. Michael A. Baldwin v. Director et al.
E05-274. Shanatay Carroll-Murray v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR05-779. Charles Higgins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Hart, J., would grant.
CACR05-818. Vincent Cooper v. State of Arkansas, from Miller Circuit.
CA05-563. Jim D. Swink v. Lasiter Construction, Inc., from Pulaski Circuit, Fifth Division.
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CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Motion of J. Brent Standridge for attorney's fees is granted. Allowed $1,400.00.
CACR05-221. Ricky Glen Steward v. State of Arkansas, from Jackson Circuit. Motion of Ronald L. Davis, Jr., for attorney's fees is granted. Allowed $1,400.00.
CACR05-373. Jerome Lewis v. State of Arkansas, from Phillips Circuit. Motion of B. Kevin Holland for attorney's fees is granted. Allowed $1,400.00.
CACR05-597. Angela Denise Wilson v. State of Arkansas, from Crawford Circuit. Motion of Stacy D. Fletcher for attorney's fees is denied. See Ark. Sup. Ct. R. 6-6(c).
CACR05-597. Angela Denise Wilson v. State of Arkansas, from Crawford Circuit. Motion of Stacy D. Fletcher to withdraw as counsel for appellant is granted.
CACR05-779. Charles Higgins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams for attorney's fees and expenses is granted. Allowed $1,400.00 in fees and $17.40 in expenses.
CACR05-903. Kendra Katrise Deshazer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Stacy D. Fletcher for attorney's fees is granted. Allowed $1,400.00.
CACR05-903. Kendra Katrise Deshazer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Stacy D. Fletcher to withdraw as counsel for appellant is granted.
CACR05-948. Raheem Omar Alamen v. State of Arkansas, from Hot Spring Circuit. Motion of Gregory Crain for attorney's fees is granted. Allowed $1,400.00.
CACR05-989. Christopher Branning v. State of Arkansas, from Boone Circuit. Appellant's pro se motion to file belated brief and for appeal bond. Denied.
CACR05-1107. Craig Anthony Hall v. State of Arkansas, from Garland Circuit. Motion of Dale E. Adams for attorney's fees and expenses is granted. Allowed $1,400.00 in fees and $9.30 in expenses.
CACR05-1170. Ke'Ondra Chestang v. State of Arkansas, from Columbia Circuit. Appellee's motion to supplement the record and for brief time or, in the alternative, to remand record to the trial court to be settled and for brief time. Remanded to the trial court to settle the record within thirty days. Brief due within thirty days thereafter.
CACR05-1342. Robert Lee Williams, Jr. v. State of Arkansas, from Nevada Circuit. Appellant's motion to supplement the record with copy, and to accept brief as filed. Granted.
CACR05-1407. Christopher Newton White v. State of Arkansas, from Benton Circuit. Motion of Jeff Rosenzweig for entry of appearance and for extension of brief time. Granted. Griffen, J., would deny.
CACR06-64. Terry Davie v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to stay briefing schedule; to settle the record; and for brief time. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.
CACR06-87. Matthew Rusak v. State of Arkansas, from Greene Circuit. Appellant's motion for writ of certiorari to correct, or, supplement the record. Granted. Record deemed supplemented.
CACR06-87. Matthew Rusak v. State of Arkansas, from Greene Circuit. Appellant's motion to extend due date of brief, or, in the alternative, motion to allow filing of brief without correction or supplementation of record. Brief due within fifteen days.
CACR06-177. Miguel Pineda v. State of Arkansas, from Crawford Circuit. Motion of Amanda Homan to be relieved as appointed counsel and entry of appearance as retained counsel. Granted. Griffen, J., would deny.
CACR06-265. Roger Steven Shuffield v. State of Arkansas, from Garland Circuit. Appellant's motion for substitution of counsel. Granted.
CA05-306. Jamie Long v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellee's motion to file belated brief. Granted.
CA05-842. Alexander Moix v. State of Arkansas, from Faulkner Circuit. Motion of Brent Houston for attorney's fees. Granted. Allowed $1,400.00.
CA05-896. David Parks et ux. v. Michael R. Vierling et ux., from Baxter Circuit. Appellees' motion for tax of costs. Moot.
CA05-926. Wilma Lee v. Mark Martindale, M.D. et al., from Saline Circuit. Appellant's motion to correct the record and to stay brief time. Granted. Record due within thirty days. Brief due within thirty days thereafter. Glover, J., not participating.
CA05-957. Charles F. Burkett v. Martha A. Burkett, from Pulaski Circuit, Seventh Division. Appellant's motion to include supplemental addendum in reply brief. Granted.
CA05-995. Ted Rial et al. v. Betty Boykin, from Drew Circuit. Appellee's motion to file belated brief and for brief time. Granted.
CA05-1014. Amanda Yarborough et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellants' motion to file belated brief. Granted.
CA05-1047. Pro Transportation, Inc. v. Volvo Trucks North America, Inc., from Pulaski Circuit, Second Division. Appellant's motion for leave to file reply brief with supplemental abstracting. Denied. Appellant is granted leave to file a substituted abstract, brief, and addendum within fifteen days. Vaught and Crabtree, JJ., would deny.
CA05-1204. Tracy Riddick et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellant's motion to substitute counsel, or in the alternative, for extension of time to file brief. Granted. Brief due within thirty days. Griffen and Roaf, JJ., would make this the final extension.
CA05-1380. Samuel Harmon v. Kelli Marenic, from Benton Circuit. Appellee's motion to file belated brief and for brief time. Granted. Brief due within thirty days.
CA05-1383. Robert Lewis et al. v. Lloyd Robertson, from Garland Circuit. Appellee's motion to dismiss appeal or in the alternative, motion to compel. Motion to dismiss is denied. Appellant's counsel shall deliver brief to appellee's counsel within five days.
CA05-1383. Robert Lewis et al. v. Lloyd Robertson, from Garland Circuit. Appellee's motion to stay brief time. Granted. Brief due within thirty-five days.
CA05-1384. Thomas Garner et al. v. Arkansas State Highway Commission, from Pope Circuit. Appellee's motion to dismiss appeal. Denied. Brief due by April 19, 2006. Baker, J., not participating.
CA06-44. Rhonda Coleman v. Dennis W. Jacks, M.D., from Jefferson Circuit. Appellee's motion to dismiss Rhonda Coleman's appeal and motion to stay all briefing. Motion to dismiss is denied. Appellee's brief due in thirty days. Glover and Roaf, JJ., not participating.
CA06-59. Winfred W. Garrison et ux. v. David H. Pickering et ux., from Pulaski Circuit, Third Division. Appellees' motion requesting disqualification. Denied. Hart, J., not participating.
CA06-137. Misty Rhine et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion of separate appellant, Anthony Ivers, Sr., to stay brief time until a decision is rendered in CA05-1281. Brief due within sixty days.
CA06-137. Misty Rhine et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion of Glen Hoggard to substitute counsel for appellant, Misty Rhine, to supplement the record and for extension of brief time. Granted. Brief due within thirty days. Crabtree, J., would deny.
CA06-156. William F. Warren v. H & L Poultry, LLC, et al., from Workers' Compensation Commission. Motion of appellee, Commerce & Industry Insurance Company, to stay and modify briefing schedule. Granted. Griffen, J., not participating.
The following cases are dismissed for failure to file briefs.
CA05-371. Jackie Brooks v. Tommy McIntosh, from Pulaski Circuit, Sixth Division.
CA05-559. Susan Ashcraft Trivitt v. Comfort Inn, from Workers' Compensation Commission.
CA05-641. Dow C. Anderson v. Carolyn M. Anderson, from Polk Circuit.
CA05-681. Nancy Lynn Ables v. Kenneth Sterling Ables, from Calhoun Circuit.
CA05-721. Janice Robbins v. Kimberly Robbins, from Pulaski Circuit, Fourteenth Division.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CACR05-717. David Robbins and Debra Kay Steenblock v. State of Arkansas, from Benton Circuit.
CA05-522. Rolinda Kight v. Arkansas Department of Human Services, from Faulkner Circuit.
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CACR02-1266. Robert McIntosh v. State of Arkansas, from Perry Circuit. Motion of Daniel D. Becker for attorney's fees.
CACR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees and costs.
CACR05-576. Robert Hyatt v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of James R. Gowen, Jr., for attorney's fees.
CACR05-992. Kentrell L. Hill v. State of Arkansas, from Ouachita Circuit. Motion of Robert N. Jeffrey for attorney's fees.
CACR05-1008. Doris M. Franklin v. State of Arkansas, from Logan Circuit, Southern District. Appellant's motion for belated appeal regarding post-trial motions.
CACR06-9. Roosevelt Washington, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.
CACR06-285. Ontonio Dixon v. State of Arkansas, from Clark Circuit. Motion of Winston Mathis to substitute Alvin Schay as attorney for appellant.
CACR06-314. Monroe White v. State of Arkansas, from Independence Circuit. Motion of J. Russell Green to withdraw as counsel for appellant.
CA05-960. Rose Harwell-Williams v. Arkansas Department of Human Services, from Van Buren Circuit. Appellee's motion to supplement the record and to dismiss appeal.
CA05-1056. Rex Black v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion for additional brief time.
CA05-1091. Continental Carbonic Products, Inc. v. Phillip L. Cohen, from Pulaski Circuit, Third Division. Appellant's motion to file supplemental abstract and supplemental addendum and for time to file conforming reply brief.
CA05-1213. Jerry M. Wilson v. Jennifer Construction Company et al., from Workers' Compensation Commission. Appellees' motion to file belated brief.
SUBMISSIONS
CA05-970. Michael W. Seay v. C.A.R. Transportation Brokerage Company, Inc., from Benton Circuit. Argued orally.
CACR05-1040. Willie J. Watkins, III v. State of Arkansas, from Drew Circuit.
CACR05-1041. Natalie Gartman v. State of Arkansas, from Poinsett Circuit.
CACR05-1152. Marc Jess Henley, Jr. v. State of Arkansas, from Faulkner Circuit.
CACR05-1186. Thomas Adams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR05-1262. Mike C. Lobbs v. State of Arkansas, from Grant Circuit.
CA05-826. Lee Murchison v. Safeco Insurance Company of Illinois, from Pulaski Circuit, Third Division.
CA05-864. Carol Williams v. Mickey Nesbitt, from Lonoke Circuit.
CA05-976. James Vincent Valetutti v. Kathleen Susan Valetutti, from Ouachita Circuit.
CA05-978. David Weeks v. Kay Wilson, from Pulaski Circuit, Seventeenth Division.
CA05-1085. Ruby Mizell v. Arkansas Department of Human Services, from St. Francis Circuit.
CA05-1093. Gamma Ventures et al. v. Thomas Koonce, M.D., from Pulaski Circuit, Second Division.
CA05-1136. Rodney Rice et al. v. Welch Motor Company, from Garland Circuit.
CA05-1148. Medicalodges, Inc. et al. v. Marie Herron, from Workers' Compensation Commission.
CA05-1191. Donna Blair v. Kelly Blair, from Pulaski Circuit, Fourteenth Division.
CA05-1206. Paula Kuettle v. IC Corporation, from Workers' Compensation Commission.
CA05-1212. Michael Farler v. City of Cabot et al., from Workers' Compensation Commission.
CA05-1215. Michael Finney v. News-Times Publishing Company et al., from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E05-275. Shequelia D. Christian v. Director et al.
E05-277. Glenn Edward Owen v. Director et al.
E05-278. Johnny D. Estes v. Director et al.
E05-279. Lawrence W. Sivia v. Director et al.
E05-280. Steven J. Simmons v. Director et al.
E05-281. Donald R. Yarbrough v. Director et al.
E05-282. Jane N. Burgess v. Director et al.
E05-283. Jose L. Gonzalez v. Director et al.
E05-284. Tracy L. Wilson v. Director et al.
E05-285. Tonya J. Isaac v. Director et al.
E05-286. Cynthia A. Wilson v. Director et al.
E05-287. Wanda Eve Spivey-Luckey v. Director et al.