Opinions delivered
January 31, 2007
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JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR04-1299. Michael C. Myers v. State of Arkansas, from Jackson Circuit. Motion to Withdraw Denied; Counsel Relieved for Noncompliance; New Counsel Appointed. Glover and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
CA06-540. Alvis W. Gregory v. Arkansas State Highway and Transportation Department, et al., from the Arkansas Workers' Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
CA06-880. Shelda Foust v. Arkansas Department of Health and Human Services, from Benton Circuit. Affirmed. Griffen and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE:
CA06-665. St. Joseph's Mercy Health Center, Sisters of Mercy Health System, Second Injury Fund v. Brenda Lamb, from the Arkansas Workers' Compensation Commission. Affirmed. Marshall and Heffley, JJ., agree. (PUBLISHED) [PDF]
CA06-715. Brandi Kendrick and Greg Kendrick v. Arkansas Department of Human Services, from Pope Circuit. Affirmed. Marshall and Heffley, JJ., agree. (UNPUBLISHED) [PDF]
ROBERT J. GLADWIN, JUDGE:
CA06-197. Juanita Crist and Clarence Crist v. David P. Dean, M.D., from Pulaski Circuit. Affirmed. Bird and Baker, JJ., agree. (UNPUBLISHED) [PDF]
CA06-685. Marty Powers v. City of Fayetteville, Employer, and Municipal League, WCT, Carrier, from the Arkansas Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (PUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE:
CACR05-1243. Franklin Drennan and Ricky Dhasun Peoples v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Glover and Miller, JJ., agree. (UNPUBLISHED) [PDF]
CA06-258. Sheila Judkins v. Donnie Duvall, Michael Wayne Duvall, Susanna Duvall, Bobby Judkins, Lola Judkins, Office of Child Support Enforcement and Arkansas Department of Human Services, from Pope Circuit. Affirmed. Glover and Miller, JJ., agree. (PUBLISHED) [PDF]
SAM BIRD, JUDGE:
CACR06-218. Michael Brandon Shropshire v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Gladwin and Baker, JJ., agree. (UNPUBLISHED) [PDF]
CA06-630. Arkansas Department of Health and Human Services v. Jessica Jones and Jacob Hines, from Sebastian Circuit. Affirmed. Gladwin and Baker, JJ., agree. (PUBLISHED) [PDF]
WENDELL GRIFFEN, JUDGE:
CA06-270. Michael Albright v. Arkansas Department of Human Services, from Faulkner Circuit, Juvenile Division. Affirmed. Pittman, C.J., and Vaught, J., agree. (PUBLISHED) [PDF]
DAVID M. GLOVER, JUDGE:
CACR06-387. Desmond D. Miller, Sr. v. State of Arkansas, from Drew Circuit. Affirmed. Robbins and Miller, JJ., agree. (PUBLISHED) [PDF]
CA06-486. Michelle Christine Archer v. Kirby Logan Archer, from Independence Circuit. Affirmed. Robbins and Miller, JJ., agree. (UNPUBLISHED) [PDF]
D.P. MARSHALL JR., JUDGE:
CACR06-311. Billy Freeman Sr. v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Heffley, JJ., agree. (UNPUBLISHED) [PDF]
CA06-453. JB Wayne, Inc., Jerry Wayne, and Barbara Wayne v. Hot Springs Village Property Owners' Association, from Garland Circuit. Reversed and Remanded. Hart and Heffley, JJ., agree. (PUBLISHED) [PDF]
LARRY D. VAUGHT, JUDGE:
CACR06-444. Samuel Dewayne Ward v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Pittman, C.J., and Griffen, J., agree. (PUBLISHED) [PDF]
CA06-111. Louanne Parker v. John Matthew Parker, from Craighead Circuit. Affirmed. Pittman, C.J., agrees. Griffen, J., concurs. (PUBLISHED) [PDF]
SARAH J. HEFFLEY, JUDGE:
CACR06-603. Reinhard Schumann v. State of Arkansas, from Jackson Circuit. Affirmed. Hart and Marshall, JJ., agree. (UNPUBLISHED) [PDF]
CA06-601. Valerie Lynn Gifford v. Alvie Doyle Tuggle, from Saline Circuit. Affirmed. Hart and Marshall, JJ., agree. (UNPUBLISHED) [PDF]
KAREN R. BAKER, JUDGE:
CACR06-673. Joe Jones v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (UNPUBLISHED) [PDF]
CA06-693. Deanna Sanders v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (UNPUBLISHED) [PDF]
BRIAN S. MILLER, JUDGE:
CA06-515. Barry Ward v. Hickory Springs Manufacturing Co. and Liberty Mutual Insurance Co., from the Arkansas Workers' Compensation Commission. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Robbins and Glover, JJ., agree. (PUBLISHED) [PDF]
CA06-696. Jessica James v. Arkansas Department of Health & Human Services, from Crittenden Circuit, Juvenile Division. Affirmed. Robbins and Glover, JJ., agree. (UNPUBLISHED) [PDF]
PER CURIAM DECISIONS
The following case appealed from the Arkansas Board of Review is affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
E06-225. Ruth M. Evans v. Director et al.
PER CURIAM ORDERS
CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit. Motion of Elizabeth A. Poynter for attorney's fees is granted. Allowed $1,400.00.
CACR05-762. John Garver v. State of Arkansas, from Garland Circuit. Motion of Amanda Homan for attorney's fees and costs is granted. Allowed $1,200.00.
CACR05-1015. Kimberly Medling v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $1,400.00.
CACR05-1296. Christopher Yarbrough v. State of Arkansas, from Crawford Circuit. Motion of Joseph C. Self for attorney's fees is granted. Allowed $1,400.00.
CACR05-1345. Joseph H. Bell v. State of Arkansas, from Greene Circuit. Motion of Kris Alan Higdon for costs and attorney's fees and costs is granted. Allowed $1,400.00.
CACR05-1404. John Michael Reed v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $800.00. Pittman, C.J., and Marshall and Miller, JJ., would deny without prejudice to comply with Ark. Sup. Ct. R. 6-6 (c).
CACR06-36. Randy T. Mayo v. State of Arkansas, from Washington Circuit. Motion of Stacy M. Hazell for attorney's fees and costs is granted. Allowed $1,400.00.
CACR06-198. Adrian Carl Ryan v. State of Arkansas, from Faulkner Circuit. Motion of Cecilia Ashcraft for attorney's fees and costs is granted. Allowed $1,400.00.
CACR06-272. Danny Carter v. State of Arkansas, from Phillips Circuit. Motion of Don Etherly for attorney's fees is granted. Allowed $1,400.00.
CACR06-326. Floyd Edwards v. State of Arkansas, from Lincoln Circuit. Motion of Amanda J. Andrews for attorney's fees is granted. Allowed $1,400.00.
CACR06-370. Christopher Joe Powell v. State of Arkansas, from Drew Circuit. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $1,400.00.
CACR06-632. Jayson Carroll v. State of Arkansas, from Columbia Circuit. Motion of David W. Talley, Jr. for attorney's fees is granted. Allowed $1,400.00.
CACR06-1246. Gregory Harris v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's amended pro se motion to file a supplemental pro se brief , motion to dismiss, and motion for reconsideration are denied.
CA06-277. Mary Ann Kness and William Kness v. Arkansas Department of Human Services, from Conway Circuit. Motion of Katherine Blackmon-Solis for attorney's fees and costs is granted. Allowed $1,400.00 in fees and $500.00 in expenses.
CA06-588. Crystal Burns v. Arkansas Department of Human Services, from Clay Circuit, EasternDistrict. Motion of Leah Chavis for attorney's fees and costs is granted. Allowed $1,400.00 in fees and $450.27 in expenses.
CA06-683. Ernest O. Williams v. Gatling Cooling and Heating, Inc. et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal is granted.
CA06-683. Ernest O. Williams v. Gatling Cooling and Heating, Inc. et al., from Workers' Compensation Commission. Appellant's motion for extension of time to file belated corrected brief is denied.
CA06-848. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellant's motion for additional time to file brief is granted. Final extension. Griffen, J., would deny.
CA06-978. Gail Parkerson v. Richard McMurtrey, from Garland Circuit. Appellant's pro se motion for additional time to file reply brief is granted in part. Brief due March 2, 2007.
CA06-1053. Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Gary Nowlin, from Ouachita Circuit. Appellee's motion to file belated brief is granted. Marshall, J., not participating.
CA06-1198. James A. Knox and Holly Knox v. Regions Bank, N.A., from Faulkner Circuit. Appellants' motion to reinvest trial court with jurisdiction is remanded to the trial court to settle the record within thirty days. Marshall, J., not participating.
CA06-1239. Barbara J. Pambianchi v. Robert Howell, from Desha Circuit, Arkansas City District. Appellant's motion to file belated brief is granted. Brief due by February 12, 2007. Glover, J., not participating.
CA06-1252. Wanda Scott et al. v. Robinson Nursing and Rehabilitation Center, LLC, from Pulaski Circuit, Seventeenth Division. Appellant's motion to supplement the record is granted. Marshall and Heffley, JJ., not participating.
CA06-1386. Lori Morehouse Lawson v. James E. Morehouse, from Craighead Circuit, Western District. Appellant's motion to supplement the record is granted. Marshall, J., not participating.
The following case is dismissed for failure to file briefs in accordance with Arkansas Supreme Court and Court of Appeals Rule 4-5.
CA04-932. Terry A. Newberry v. Kelcro, Inc., from Workers' Compensation Commission.
MOTIONS SUBMITTED
CACR04-1299. Michael C. Myers v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.
CACR05-209. Ricky McCoy v. State of Arkansas, from Bradley Circuit. Appellant's pro se motion to recall mandate.
CACR05-223. Alan D. Williams v. State of Arkansas, from Miller Circuit. Motion of Tim Cullen for attorney's fees.
CACR06-1298. Pamela T. Shelnut v. State of Arkansas, from Saline Circuit. Appellant's motion to supplement the record.
CA06-330. Beverly Enterprises-Arkansas, Inc. et al. v. Mike Jarrett et al., from White Circuit. Appellee's motion to correct opinion.
CA06-521. Benjamin F. Lackey, Jr. v. Mark A. Mays et al., from Faulkner Circuit. Appellant's motion for rule on clerk and motion to strike response.
CA06-610. Francisco Loredo v. Arkansas Department of Human Services, from Benton Circuit. Motion of attorney ad litem to file belated brief.
CA06-693. Deanna Sanders v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Leah Chavis for attorney's fees.
CA06-991. Justin C. Murray v. Bryan Mahaffey, from Garland Circuit. Appellant's motion to dismiss appeal.
CA06-1052. Betsy R. Danner v. Discover Bank, from Clark Circuit. Appellant's motion for oral argument.
CA06-1107. El Paso Production Company et al. v. James H. Blanchard, Jr., from Columbia Circuit. Appellee/Cross-Appellant's motion to file enlarged brief.
CA06-1140. Kent Smith v. Allen Tillery Chevrolet, Inc., from Garland Circuit. Appellant's motion to supplement the record and stay brief time.
CA06-1145. A.E.R.T., Inc. et al. v. Advanced Control Solutions, Inc., from Benton Circuit. Appellant, Advanced Environmental Recycling Technology Inc.'s petition for writ of certiorari or in the alternative for remand.
CA06-1251. Glenn Davidson v. Rhonda Summers, from Pulaski Circuit, First Division. Appellant's motion to disqualify and for continued enforcement and compliance with supersedeas bond.
CA06-1276. Johnny M. Helton v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellant's motion to file enlarged brief and to stay briefing schedule.
CA06-1277. Marvin I. Rippe v. Delbert Hooten Logging, from Workers' Compensation Commission. Appellant's motion to file enlarged brief and to stay briefing schedule.
CA06-1283. Kennie Bolden v. Arkansas Department of Human Services, from Jefferson Circuit. Appellant's motion to stay brief time.
CA06-1424. Betty J. Ray v. David Scott Ray et al., from Union Circuit. Appellant's motion to supplement the record and for brief time.
CA06-1461. Robbie Black v. Brittany A. Vann, from Montgomery Circuit. Appellant's petition for writ of certiorari to complete the record and to stay briefing schedule.
CA07-19. Michael Martin and Marla Martin v. Dr. Scott Schlesinger et al., from Johnson Circuit. Appellee, St. Vincent Infirmary's motion to dismiss appeal.
CA07-19. Michael Martin and Marla Martin v. Dr. Scott Schlesinger et al., from Johnson Circuit. Appellee, Dr. Scott Schlesinger's motion to dismiss appeal.
CA07-60. Richard L. Roberts and Mary Jane Roberts v. Green Bay Packaging, Inc. et al., from Van Buren Circuit. Appellant's petition for writ of certiorari to complete record on appeal.
SUBMISSIONS
CA06-797. State of Arkansas et al. v. Hatchie Coon Hunting and Fishing Club, Inc., from Poinsett Circuit. Argued orally.
CACR06-173. Efrain Viveros v. State of Arkansas, from Crawford Circuit.
CACR06-564. Lonnie Newton, Jr. v. State of Arkansas, from Ashley Circuit.
CACR06-568. Aaron J. Douglas v. State of Arkansas, from Lonoke Circuit.
CACR06-580. Cynthia Ann Anglin v. State of Arkansas, from White Circuit.
CACR06-650. Emil Roland Rath II v. State of Arkansas, from Polk Circuit.
CACR06-747. Leisa Ann Eaton v. State of Arkansas, from Polk Circuit.
CACR06-751. Marcus Antwione Anderson v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA05-832. Kyle Coombs v. Hot Springs Village Property Owners Association, from Garland Circuit.
CA05-1090. Patricia Suzanne Mathews v. John Steven Mathews, from Faulkner Circuit.
CA06-303. Vincent Ottice Simmons v. Dorothy Clemons Simmons, from Drew Circuit.
CA06-392. L. E. Johnson v. Target et al., from Workers' Compensation Commission.
CA06-420. Arkansans for Animals, Inc. v. Chad Spears and State of Arkansas, from Newton Circuit.
CA06-450. Denise Worley v. Cincinnati Insurance Companies et al., from Benton Circuit.
CA06-459. Michael L. Fowler v. McClinton Anchor/Ashland, Inc. et al., from Workers' Compensation Commission.
CA06-465. Shonna Davis v. Eastern Ozark Regional Health System, from Workers' Compensation Commission.
CA06-467. Multistate Holdings, Inc. v. Beall-Ladymon Corporation et al., from Union Circuit.
CA06-530. Shirley Whitten v. Gregory B. Rich et ux., from Saline Circuit.
CA06-548. Jeffery Laisure v. Michelle Laisure Zimmerman, from Saline Circuit.
CA06-572. Michael Rose v. Mike W. Ford, from Pulaski Circuit, Sixth Division.
CA06-576. Christopher M. Childers v. Georgia-Pacific Corporation, from Workers' Compensation Commission.
CA06-634. Rebecca Pilcher v. Arkansas Department of Human Services, from Garland Circuit.
CA06-668. Mary E. Miller v. Centerpoint Energy Resource Corporation, from Pulaski Circuit, Third Division.
The following cases are appeals from the Arkansas Board of Review.
E06-144. VA Regional Office #350 Department of Veterans Affairs v. Director et al.
E06-221. Arkansas Department of Correction v. Director et al.
E06-222. Alta M. Tierney v. Director et al.
E06-228. Rekia S. Porchia v. Director et al.
E06-229. Practice Plus v. Director et al.
E06-230. Henry J. Utecht v. Director et al.
E06-231. Clifton Thomas v. Director et al.
E06-232. Johnny P. Shipp v. Director et al.
E06-233. Samuel Reddick v. Director et al.
E06-234. Felix Mendoza v. Director et al.
E06-235. Penny Casey v. Director et al.
E06-236. Janet Latham v. Director et al.
E06-237. Brenda G. White v. Director et al.