Opinions delivered
June 14, 2006
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA05-1253. Shanie Furrow Perez v. Craig Furrow, from Pulaski Circuit, Ninth Division. Appeal Dismissed. Hart and Griffen, JJ., agree. (3 PAGES PUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE:
CACR05-1352. Thomas Larry DuPriest v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Griffen, J., agree. (6 PAGES UNPUBLISHED) [PDF]
CA06-18. Hermann Companies v. Patsy Ingram, from the Arkansas Workers' Compensation Commission. Affirmed. Pittman, C.J., and Griffen, J., agree. (5 PAGES UNPUBLISHED) [PDF]
ROBERT J. GLADWIN, JUDGE:
CA06-28. David Bier and Marcia Bier v. Norma Mills, from Washington Circuit. Affirmed. Robbins and Bird, JJ., agree. (9 PAGES PUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE:
CACR05-1245. Chico Childs v. State of Arkansas, from Chicot Circuit. Affirmed. Gladwin and Bird, JJ., agree. (6 PAGES PUBLISHED) [PDF]
CA05-528. Stephen Lee Cole, Joey Allen Cole, Willie Harrison, and Gloria B. Harrison v. David R. Clay and Karen A. Clay, from Sevier Circuit. Reversed and Remanded. Gladwin, Glover, Vaught, and Crabtree, JJ., agree. Hart, J., concurs. (9 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [PDF]
CA06-58. Mitzi Dawn Adams v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Gladwin and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [PDF]
SAM BIRD, JUDGE:
CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Reversed and Remanded. Griffen and Neal, JJ., agree. Pittman, C.J., concurs. Baker and Roaf, JJ., dissent. (20 PAGES + 4-PAGE DISSENT PUBLISHED) [PDF]
CACR05-1127. Adell Wallace v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [PDF]
CA05-1391. Bobbie Gough-Jones v. Arkansas Department of Human Services, from Benton Circuit. Affirmed; Motion Granted. Gladwin and Robbins, JJ., agree. (9 PAGES UNPUBLISHED) [PDF]
WENDELL L. GRIFFEN, JUDGE:
CACR05-1248. Christopher Michael Jackson v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart, J., agrees. Pittman, C.J., concurs. (5 PAGES UNPUBLISHED) [PDF]
CA05-1258. Lerondria Montgomery v. Arkansas Department of Human Services, from Pulaski Circuit. Rebriefing Ordered. Pittman, C.J., agrees. Hart, J., concurs. (3 PAGES UNPUBLISHED) [PDF]
DAVID M. GLOVER, JUDGE:
CA05-955. Colleen Garrison Vicari v. Ed Garrison, from Pulaski Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [PDF]
CA05-1310. Hydro-Works, Inc. and National Hydraulics and Fabrication, Inc. v. Precision Industries, Inc., James Coleman, and Cathy Walthers, from Benton Circuit. Rebriefing Ordered. Neal and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [PDF]
OLLY NEAL, JUDGE:
CACR05-1341. Lee Vaughn Clark v. State of Arkansas, from Jackson Circuit. Affirmed. Glover and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [PDF]
CA05-1376. Holland Group, Inc. and Royal & Sunalliance Insurance Company v. Brenda Hughes and Travelers Insurance Company, from the Arkansas Workers' Compensation Commission. Reversed and Remanded on Direct Appeal; Affirmed on Cross-Appeal. Glover and Roaf, JJ., agree. (7 PAGES PUBLISHED) [PDF]
LARRY D. VAUGHT, JUDGE:
CACR04-1296. Charles Prichard v. State of Arkansas, from Miller Circuit. Affirmed; Motion to Withdraw Granted. Crabtree and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [PDF]
CA05-1139. Glen Rose v. Meldia Rose, from Pulaski Circuit. Affirmed. Crabtree andBaker, JJ., agree. (3 PAGES UNPUBLISHED) [PDF]
TERRY CRABTREE, JUDGE:
CACR05-887. Karess Dartell Jones v. State of Arkansas, from Craighead Circuit. Affirmed. Vaught and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [PDF]
CA05-1161. Judith Ball v. Arkansas Department of Human Services, from Washington Circuit. Affirmed; Motion to be Relieved Granted. Vaught and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [PDF]
KAREN R. BAKER, JUDGE:
CACR05-963. Jimmy Doyle Bumgardner v. State of Arkansas, from Grant Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [PDF]
CA05-1338. Charles Rouse v. Vickie Rouse, from Pulaski Circuit. Rebriefing Ordered. Vaught and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [PDF]
ANDREE LAYTON ROAF, JUDGE:
CACR05-1359. Christopher Morris v. State of Arkansas, from Sebastian Circuit. Affirmed. Glover and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [PDF]
CA05-915. Ricky Masters v. Arkansas Department of Human Services, from Faulkner Circuit. Appeal Dismissed. Glover and Neal, JJ., agree. (3 PAGES PUBLISHED) [PDF]
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).
E06-29. Kathey Baxter v. Director et al.
E06-30. Dennis Morris v. Director et al.
E06-31. Juanita McCollum v. Director et al.
E06-32. Thomas L. Kindall v. Director et al.
E06-33. Karen M. Hertz v. Director et al.
E06-34. Donald Hubbard v. Director et al.
E06-35. Richard G. Shurn v. Director et al.
E06-37. Twilla Snyder v. Director et al.
E06-38. Kevin W. Wilmath v. Director et al.
E06-39. Richard J. Camera, Jr. v. Director et al.
E06-40. Charles D. Isgrig v. Director et al.
E06-41. Michelle K. Anderson v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CA05-1143. Rodney Nelson, Ozelle Nelson, Lance Nelson and Tory Nelson v. Rush Harding and Ferrellgas, from Pulaski Circuit, Seventh Division.
CA05-1212. Michael Farler v. City of Cabot and Arkansas Municipal League, from Workers' Compensation Commission.
CA05-1252. Linda Smart v. St. Vincent Health Services et al., from Workers' Compensation Commission.
CA05-1350. Sherry Parker and Sherry Crow v. Raymond Johnson and Loree Johnson, from Union Circuit.
E04-280. Home Care Professionals of Arkansas, Inc. v. Director et al., from Board of Review. Baker, J., would grant.
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CACR05-950. Jacquelyne Velcoff v. State of Arkansas, from Clark Circuit. Appellant's motion to file belated brief. Granted. Crabtree, J., would deny.
CACR05-1147. Kelly Lambert v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Jennifer B. Wiggins for attorney's fees is granted. Allowed $1,400.00.
CACR05-1243. Ricky Dhasun Peoples v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file belated brief. Granted.
CACR05-1399. Robert Stiggers v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,400.00.
CACR06-198. Adrian Carl Ryan v. State of Arkansas, from Faulkner Circuit. Appellee's motion for release of sealed record. Granted.
CACR06-577. Samantha Meredith Tomberlin v. State of Arkansas, from White Circuit. Motion of Jim Petty to withdraw as counsel for appellant and for brief time. Granted. Mr. Brian K. Woodruff is appointed counsel for appellant.
CACR06-582. Richard Edward Merritt v. State of Arkansas, from Crittenden Circuit. Motion of Durwood W. King to be relieved as counsel for appellant. Denied without prejudice.
CA04-1183. Mary Nelson Bogachoff v. Arkansas Department of Human Services, from Baxter Circuit. Motion of John A. Crain for attorney's fees is granted. Allowed $1,400.00 in fees and $500.00 in expenses.
CA05-478. John O'Hara v. J. Christy Construction Company, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Allowed $1,000.00. See Ark. Code Ann. § 11-9-715 (b).
CA05-528. Stephen Lee Cole v. David R. Clay, from Sevier Circuit. Resubmission of appellant/cross-appellee's motion to strike appellee's statement of case. Denied. See opinion this date.
CA05-528. Stephen Lee Cole v. David R. Clay, from Sevier Circuit. Appellant/cross appellee's motion for sanctions. Denied. See opinion this date.
CA05-915. Ricky Masters et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Resubmission of appellee's motion to dismiss appeal. Denied. See opinion this date.
CA05-1029. Phillip J. White v. Alice Ann White, from Sebastian Circuit, Fort Smith District. Appellee's motion for costs for supplemental abstract and addendum. Denied.
CA05-1056. Rex Black v. Arkansas Department of Human Services, from Pope Circuit. Attorney ad Litem's second motion to dismiss appeal. Granted. Pittman, C.J., and Hart and Neal, JJ., would deny and appoint new attorney for appellant.
CA05-1067. Kent Smith v. Lindell Trimble Toyota, Inc. et al., from Garland Circuit. Appellant's pro se motion for time to respond to decision. Denied.
CA05-1096. James Liaromatis v. Baxter County Regional Hospital et al., from Workers' Compensation Commission. Appellees' motion for costs and attorney's fees. Denied.
CA05-1272. Chandra Milton v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Kimberly Johnson for attorney's fees is granted. Allowed $1,400.00 in fees and $500.00 in expenses.
CA05-1416. Vickie Groves et al. v. Arkansas Department of Human Services, from Cleveland Circuit. Appellee's motion to file belated brief. Granted.
CA06-81. Tina Engle v. Thompson Murray, Inc., from Workers' Compensation Commission. Appellant's motion to file belated reply brief and for brief time. Granted.
CA06-137. Anthony Ivers, Sr. et al. v. Arkansas Department of Human Services, from Washington Circuit. Appellant, Anthony Ivers', motion to continue to stay briefing time pending appeal in CA05-1281, or in the alternative, extend time to file brief. Motion to extend brief time granted. Brief due within sixty days. Gladwin, Vaught and Crabtree, JJ., would deny.
CA06-286. Arkansas Department of Human Services v. J. N., a Juvenile, from Washington Circuit. Appellee's motion for anonymity. Granted. Griffen, J., would deny.
CA06-379. The Consumer Utilities Rate Advocacy Division et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of the Consumer Utilities Rate Advocacy Division of the Attorney General's Office and the West Central Arkansas Gas Consumers to file joint abstract. Granted.
CA06-417. LaFonda Robbins v. Mortgage Electronic Registration Systems, Inc., from Washington Circuit. Appellant's motions to supplement the record. Denied.
CA06-420. Arkansans for Animals, Inc. v. Chad Spears et al., from Newton Circuit. Appellant's motion to supplement the record. Granted.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA05-936. Amy Anne Gilbert v. Dean Richardson and Sheron Richardson, from Washington Circuit.
CA05-1024. Tracy L. Blair v. John A. Blair, from Benton Circuit.
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CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Motion of David O. Bowden for attorney's fees.
CACR05-1200. Roger Keith Hairston v. State of Arkansas, from Miller Circuit. Appellant'smotion for belated appeal.
CACR05-1359. Christopher A. Morris v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of William O. "Bill" James, Jr., for attorney's fees.
CACR06-229. Jasper Taylor v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.
CACR06-325. Eric Lamont Jackson v. State of Arkansas, from Lonoke Circuit. Motion of Charles D. Hancock for attorney's fees.
CA05-328. Kathleen Pennino et al. v. Bennie Walthall et al., from Ouachita Circuit. Appellee's motion for taxation of costs.
CA05-1070. Tammy Netro v. Arkansas Department of Human Services, from Craighead Circuit, Western District. Appellee's motion to accept belated brief.
CA05-1161. Judith Ball v. Arkansas Department of Human Services, from Washington Circuit. Motion of Maxine Isaacs for attorney's fees and costs.
CA06-32. Freddie L. Taylor v. Federal Compress & Warehouse Co., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.
CA06-33. Jennifer Linder (Johnson) v. Deron Johnson, from Cleburne Circuit. Motion for stay pending appeal.
CA06-58. Mitzi Dawn Adams v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Shelton Sargent for attorney's fees.
CA06-95. Richard White v. Amfuel Cell, from Workers' Compensation Commission. Appellant's motion for additional time to file brief.
CA06-185. Laura Farmer v. Arkansas Department of Human Services, from Sharp Circuit. Motion of Leah Chavis for attorney's fees.
CA06-269. Shannon Kelley et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Appellant's motion to dismiss notice of appeal.
CA06-308. Tomlinson Asphalt Company, Inc. v. Franklin M. Riedy et al., from Workers' Compensation Commission. Appellee Second Injury Fund's motion to set separate briefing schedule.
CA06-414. Mary Sowders v. St. Joseph's Mercy Health Center, from Hot Spring Circuit. Motion of Arkansas Trial Lawyers Association to file amicus curiae brief in support of appellant.
CA06-516. Dexter Gary v. Maverick Transportation, Inc. et al., from Workers' Compensation Commission. Appellee Second Injury Fund's motion to set separate briefing schedule.
CA06-572. Michael Rose v. Mike W. Ford, from Pulaski Circuit, Sixth Division. Appellant's motion for stay.
CA06-631. YuQuita Bradley v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellant's motion to proceed in forma pauperis.
SUBMISSIONS
CACR04-1299. Michael C. Myers v. State of Arkansas, from Jackson Circuit.
CACR05-448. Vera W. Willhite v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR05-460. Maurice Jackson v. State of Arkansas, from Mississippi Circuit, Osceola District.
CACR05-507. Harold E. Merriweather v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR05-516. Kasey J. Doss v. State of Arkansas, from Union Circuit.
CACR05-571. Joshua Brumley v. State of Arkansas, from Sharp Circuit.
CACR05-645. Stevie Turner v. State of Arkansas, from Faulkner Circuit.
CACR05-672. Tony Anthony Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR05-682. Angela D. Watson v. State of Arkansas, from Mississippi Circuit, Osceola District.
CACR05-762. John Garver v. State of Arkansas, from Garland Circuit.
CACR05-767. John Garver v. State of Arkansas, from Garland Circuit.
CACR05-868. Karen Denise Beasley v. State of Arkansas, from Union Circuit.
CACR05-878. Ricky Justus v. State of Arkansas, from Garland Circuit.
CACR05-964. James Ray Brandon v. State of Arkansas, from Jackson Circuit.
CACR05-981. Darrick Anderson v. State of Arkansas, from Garland Circuit.
CACR05-1015. Kimberly Medling v. State of Arkansas, from Jackson Circuit.
CACR05-1058. King Albert Adams Leflore v. State of Arkansas, from Crittenden Circuit.
CACR05-1059. Donald Brown v. State of Arkansas, from Crittenden Circuit.
CACR05-1087. Tim Carter III v. State of Arkansas, from Chicot Circuit.
CACR05-1225. Earlene Patrice Moore v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR05-1236. Darrell Alexander v. State of Arkansas, from Faulkner Circuit.
CACR05-1283. Wendell A. Shields v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR05-1284. Calvin Jarome Davis v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR05-1365. Steven D. Martin v. State of Arkansas, from Union Circuit.