Opinions delivered
February 14, 2007
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JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA06-330. Beverly Enterprises - Arkansas, Inc., et al. v. Mike Jarrett, as Administrator of the Estate of Sylvia Jarrett, from White Circuit. Substituted Opinion. Affirmed. Gladwin and Robbins, JJ., agree. (UNPUBLISHED) [PDF]
CA06-459. Michael L. Fowler v. McClinton Anchor/Ashland, Inc., et al., from the Arkansas Workers' Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. (UNPUBLISHED)[PDF]
JOSEPHINE LINKER HART, JUDGE:
CA06-392. L.E. Johnson v. Target, Constitution State Service Company, from the Arkansas Workers' Compensation Commission. Affirmed. Marshall and Heffley, JJ., agree. (UNPUBLISHED)[PDF]
CA06-634. Rebecca Pilcher v. Arkansas Department of Human Services, from Garland Circuit. Affirmed. Marshall and Heffley, JJ., agree. (UNPUBLISHED)[PDF]
ROBERT J. GLADWIN, JUDGE:
CA06-465. Shonna Davis v. Eastern Ozark Regional Health System, from the Arkansas Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (UNPUBLISHED)[PDF]
JOHN B. ROBBINS, JUDGE:
CA06-241. Elizabeth Dianne Francis v. Protective Life Insurance Company and Chrysler Financial Corporation, from Johnson Circuit. Reversed and Remanded. Hart, Gladwin, and Griffen, JJ., agree. Pittman, C.J., and Bird, J., dissent. (PUBLISHED)[PDF]
CA06-420. Arkansans for Animals, Inc. v. Chad Spears and State of Arkansas, from Newton Circuit. Reversed and Remanded with Directions. Glover and Miller, JJ., agree. (UNPUBLISHED)[PDF]
E06-144. Department of Veterans Affairs, VA Regional Office #350 v. Director, Department of Workforce Services and Martha E. Britton, from the Arkansas Board of Review. Affirmed. Glover and Miller, JJ., agree. (UNPUBLISHED)[PDF]
SAM BIRD, JUDGE:
CA06-303. Vincent Ottice Simmons v. Dorothy Clemons Simmons, from Drew Circuit. Reversed and Remanded. Gladwin and Baker, JJ., agree. (PUBLISHED)[PDF]
CA06-504. James Southall and Lynda Southall v. Terry Hill and Carolyn Hill, from Montgomery Circuit. Affirmed. Gladwin and Baker, JJ., agree. (UNPUBLISHED)[PDF]
CA06-576. Christopher M. Childers v. Georgia-Pacific Corporation and Sedgwick Claims Management Services, from the Arkansas Workers' Compensation Commission. Affirmed. Gladwin and Baker, JJ., agree. (UNPUBLISHED)[PDF]
WENDELL GRIFFEN, JUDGE:
CA05-1090. Patricia Suzanne Mathews v. John Steven Mathews, from Faulkner Circuit. Reversed and Remanded on Cross-Appeal; Direct Appeal Moot. Pittman, C.J., and Vaught, J., agree. (PUBLISHED)[PDF]
CA06-264. Deck House, Inc. v. Scott Link, Albena Link, Charles Cooper, and Advanced Construction & Painting Co., from Carroll Circuit. Affirmed. Hart and Bird, JJ., agree. (PUBLISHED)[PDF]
DAVID M. GLOVER, JUDGE:
CACR06-564. Lonnie Newton, Jr. v. State of Arkansas, from Ashley Circuit. Affirmed. Robbins and Miller, JJ., agree. (UNPUBLISHED)[PDF]
D.P. MARSHALL JR., JUDGE:
CACR06-413. Anthony D. White v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Hart and Heffley, JJ., agree. (UNPUBLISHED)[PDF]
CACR06-568. Aaron Douglas v. State of Arkansas, from Lonoke Circuit. Affirmed. Hart and Heffley, JJ., agree. (UNPUBLISHED)[PDF]
LARRY D. VAUGHT, JUDGE:
CACR06-580. Cynthia Ann Anglin v. State of Arkansas, from White Circuit. Affirmed. Pittman, C.J., and Griffen, J., agree.(PUBLISHED)[PDF]
CA06-467. Multistate Holdings v. Beall-Ladymon Corp., Palais Royal, Inc. and Specialty Retailers (TX) LP, from Union Circuit. Affirmed. Pittman, C.J., and Griffen, J., agree. (UNPUBLISHED)[PDF]
SARAH J. HEFFLEY, JUDGE:
CA06-530. Shirley Whitten v. Gregory B. Rich and Karen Rich, from Saline Circuit. Dismissed. Hart and Marshall, JJ., agree. (UNPUBLISHED)[PDF]
KAREN R. BAKER, JUDGE:
CACR06-747. Leisa Ann Eaton v. State of Arkansas, from Polk Circuit. Affirmed. Gladwin and Bird, JJ., agree. (PUBLISHED)[PDF]
CA06-548. Jeffrey Laisure v. Michelle Laisure Zimmerman, from Saline Circuit. Affirmed. Gladwin and Bird, JJ., agree. (UNPUBLISHED)[PDF]
BRIAN S. MILLER, JUDGE:
CACR06-751. Marcus Anderson v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Glover, JJ., agree. (UNPUBLISHED)[PDF]
CA06-572. Michael Rose d/b/a Best Way Pawn & Used Cars, Inc. v. Mike W. Ford, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Glover, JJ., agree. (UNPUBLISHED)[PDF]
PER CURIAM OPINION:
CA06-578. Susan Marie Mitchell v. Timothy Gene Mitchell, from Pope Circuit. Dismissed. (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).
E06-221. Arkansas Department of Correction 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.
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA06-316. John Gibson Auto Sales, Inc. v. Direct Insurance Company, from Garland Circuit. Baker and Miller, JJ., would grant.
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CACR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit. Motion of Donald E. Warren, Sr., for attorney's fees is denied without prejudice.
CACR06-367. Michael David Mitchell v. State of Arkansas, from Crawford Circuit. Motion of David O. Bowden for attorney's fees is granted. Allowed $1,000.00.
CACR06-690. Rene D. Lee v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunigan for attorney's fees is granted. Allowed $1,400.00.
CA06-264. Deck House, Inc. v. Scott Link et al., from Carroll Circuit, Western District. Appellees' motion for attorney's fees is moot. See opinion this date.
CA06-330. Beverly Enterprises-Arkansas, Inc. et al. v. Mike Jarrett et al., from White Circuit. Appellee's motion to correct opinion is granted in part. See substituted opinion this date. Marshall and Heffley, JJ., not participating.
CA06-978. Gail Parkerson v. Richard McMurtrey et al., from Garland Circuit. Appellant's pro se motion to file enlarged reply brief is denied. Griffen, J., not participating.
CA06-1063. John David Rawe, Jr. v. Christa S. Rawe, from White Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due February 21, 2007. Final extension. Griffen, J., would deny.
CA06-1078. Sharyl Ray v. Arkansas Department of Health and Human Services, from Sebastian Circuit, Fort Smith District. Motion of Shelton Sargent for attorney's fees and expenses is granted. Allowed $1,125.00 in fees and $212.18 in expenses.
CA06-1292. Jerrie Petrie v. Randy Lewis, from Mississippi Circuit, Chickasawba District. Motion of the Arkansas Trial Lawyers Association to file an amicus curiae brief in support of appellants is granted.
CA06-1292. Jerrie Petrie v. Randy Lewis, from Mississippi Circuit, Chickasawba District. Appellant's motion for writ of certiorari to supplement the record and to stay briefing deadlines is granted. Supplemental record due within thirty days (March 16, 2007). Brief due within thirty days thereafter.
CA06-1345. Rick McDaniel v. Georgia-Pacific Corporation et al., from Workers' Compensation Commission. Motion of Appellee Second Injury Fund to set separate briefing schedule is granted.
CA07-38. Matthew Sturdivant v. Arkansas Department of Human Services, from Van Buren Circuit. Appellant's motion to release sealed record and for extension of brief time is granted. See Johnson v. State, 335 Ark. 333, 990 S.W. 2d 553 (1999). Brief due within thirty days (March 16, 2007).
CA07-39. Kristy Beverlin et al. v. Arkansas Department of Health and Human Services, fromGarland Circuit. Appellants' motion to supplement the record. Motion to supplement the record is granted with respect to the termination order as to W.B. Remanded to the trial court to settle the record within seven days (February 21, 2007) as to the motion to strike and for a more definite statement and as to the five transcribed pages. Motion denied with respect to the termination order as to I.B. and L.B. Motion to keep record open is denied.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA06-240. Linda Annette Short, d/b/a R&L Professional Management v. Revona Dee Freeman, from Sebastian Circuit, Greenwood District.
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CACR05-923. Justin Lee McDonald v. State of Arkansas, from Crawford Circuit. Appellant's motion to expand time to supplement record and file brief.
CACR06-78. Brent McJunkins v. State of Arkansas, from Grant Circuit. Motion of Gregory K. Crain for attorney's fees and costs.
CACR06-311. Billy Freeman, Sr. v. State of Arkansas, from Jefferson Circuit. Motion of Dale E. Adams for attorney's fees and expenses.
CACR06-385. Marcus Lance Rackley v. State of Arkansas, from Faulkner Circuit. Resubmission of motion of Max Horner for permission to withdraw as counsel for appellant.
CACR06-385. Marcus Lance Rackley v. State of Arkansas, from Faulkner Circuit. Resubmission of motion of Lisa C. Ballard for entry of appearance, and to stay briefing schedule to complete the record
CACR06-745. Robert S. Szlemko v. State of Arkansas, from Boone Circuit. Appellant's pro se motion to strike appellate brief.
CACR06-952. Stacy R. King v. State of Arkansas, from Union Circuit. Appellant's motion for correction of writ of certiorari and for belated return of writ.
CACR06-997. Sean Michaud v. State of Arkansas, from Garland Circuit. Appellant's motion forextension of brief time.
CACR06-1197. Kitaka Lauderdale v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to dismiss appeal.
CACR07-75. Joe Francis Rounsaville v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Craig Lambert and Richard Hughes to be substituted as counsel for appellant.
CACR07-110. Kenneth Ray Pitts v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Julia B. Jackson to be relieved as counsel for appellant and to stay briefing schedule.
CACR07-110. Kenneth Ray Pitts v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to relieve counsel.
CA06-156. William F. Warren v. H & L Poultry, LLC, from Workers' Compensation Commission. Appellant's motion for attorney fees.
CA06-448. James Jones et al. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Dale Arnold for attorney's fees.
CA06-448. Jennifer Jones et al. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of J. Patrick McCarty for attorney's fees.
CA06-733. Odell Pollard v. Roy Newman, d/b/a Newman Electric, from White Circuit. Appellant's motion to accept reply brief with addendum.
CA06-947. Jill Fields v. Jeremy M. Ausburn and Daniele Ausburn, from Pulaski Circuit, Sixteenth Division. Appellant's motion to file belated brief.
CA06-1262. Sandra Jenkins v. Steinmart, Inc., from Workers' Compensation Commission. Appellant's pro se motion to supplement the record and for brief time.
The following case is called for dismissal for failure to pursue the appeal.
CA04-324. Will Oliver-Liz Frawley Bail Bonds v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit, Sixth Division.
SUBMISSIONS
CA06-794. Arkansas Beverage Retailers Association, Inc. et al. v. Robert S. Moore, Jr., Director et al., from Pulaski Circuit, Sixteenth Division. Argued orally.
CACR06-607. Wade C. Donaldson v. State of Arkansas, from Drew Circuit.
CACR06-697. Rommell Gill and Patrick Gill v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR06-708. Robert McAdory v. State of Arkansas, from Mississippi Circuit, Osceola District.
CACR06-718. Jacob Callaway v. State of Arkansas, from Bradley Circuit.
CACR06-781. Joseph Cedric Handy v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR06-809. James Claiborn Arthur v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA06-480. The Joyce McCain Harms Revocable Trust v. Laura Rogers, from Pope Circuit.
CA06-502. Raymond Franklin Williams et al. v. Randy Hall et al., from Grant Circuit.
CA06-520. Amanda Dawn Shipp v. State of Arkansas, from Washington Circuit.
CA06-658. Lillian Hooder v. Life of the South Insurance Company et al., from Calhoun Circuit.
CA06-679. Donna Bradford v. Plaza at the Village et al., from Workers' Compensation Commission.
CA06-717. Kenny E. Goodwin v. Unifund CCR Assignee of Providian National Bank, from Pulaski Circuit, Fifth Division.
CA06-784. Russell Brewer v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.
CA06-807. Byars Construction Company, LLC v. P & C Management & Const. LLC et al., from Jefferson Circuit.
CA06-817. Glen Osborne v. Arkansas Department of Human Services, from Benton Circuit.
CA06-856. CV's Family Foods et al. v. Gloria Taylor, from Workers' Compensation Commission.
CA06-867. Jeffrey Ridenhour v. State of Arkansas, from Scott Circuit.
CA06-884. Leslie Hunter v. Arkansas Department of Health and Human Services, from Independence Circuit.
CA06-894. Raul Tinjero v. Arkansas Department of Health and Human Services, from Drew Circuit.
CA06-923. Georgia-Pacific Corporation v. Darrell Humphrey, from Workers' Compensation Commission.
CA06-951. Fahtima Sohala Aydani Wagner v. George Jonathon Wagner, from Columbia Circuit.
CA06-1026. Kristy Beverlin and Billy Beverlin v. Arkansas Department of Health and Human Services, from Garland Circuit.
CA06-1105. Brandy Johnson v. Arkansas Department of Human Services, from Washington Circuit.
The following cases are appeals from the Arkansas Board of Review.
E06-253. Tavares Matthews v. Director et al.
E06-254. Maurice D. Lewis v. Director et al.
E06-255. Dennis Moore v. Director et al.
E06-256. Deborah A. Gavin v. Director et al.
E06-258. Theodore N. Wammack v. Director et al.
E06-259. George W. Dykes v. Director et al.
E06-260. Fred Brooks v. Director et al.
E06-261. Jerry Harris v. Director et al.
E06-262. Arnulfo Martinez v. Director et al.
E06-263. Andrew Gilpin v. Director et al.
E06-265. John D. Sawyer v. Director et al.
E06-266. Jeannie Smith v. Director et al.