Opinions delivered
February 21, 2007
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA06-462. Eddie Malone v. Randy Guynes, et al., from Saline Circuit. Affirmed. Griffen and Vaught, JJ., agree. (PUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE:
CACR06-840. Maxley Damen Parker v. State of Arkansas, from Drew Circuit. Affirmed. Marshall and Heffley, JJ., agree. (UNPUBLISHED)[PDF]
CA05-1281 and CA06-137. Anthony Ivers, Sr. and Misty Rhine v. Arkansas Department of Human Services, from Washington Circuit. Reversed and Remanded as to Ivers; Motion Denied; Rebriefing Ordered as to Rhine. Marshall and Heffley, JJ., agree. (PUBLISHED)[PDF]
E06-222. Alta M. Tierney v. Director of Workforce Services and Sierra Nevada Cash Register, from Arkansas Board of Review. Reversed and Remanded. Marshall and Heffley, JJ., agree. (UNPUBLISHED)[PDF]
ROBERT J. GLADWIN, JUDGE:
CA06-401. Tony Long v. Wal-Mart Stores, Inc, from the Arkansas Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (PUBLISHED)[PDF]
CA06-509. Nena Lee v. Victor Young, from Hempstead Circuit. Affirmed. Bird and Baker, JJ., agree. (UNPUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE:
CA06-514. Audrianna Grisham, P.A. v. City of England, from Lonoke Circuit. Appeal Dismissed. Glover and Miller, JJ., agree. (UNPUBLISHED)[PDF]
CA06-854. Dudley Cobble v. Ayers Drywall, Inc. and AIG Claims Services, from the Arkansas Workers' Compensation Commission. Affirmed. Glover and Miller, JJ., agree. (UNPUBLISHED)[PDF]
SAM BIRD, JUDGE:
CA06-623. Paul Culbreath, d/b/a Southern Siding & Construction Co. v. Troy Summerfield, from Craighead Circuit. Affirmed. Gladwin and Baker, JJ., agree. (UNPUBLISHED)[PDF]
CA06-659. Randy E. Lewis v. Auto Parts & Tire Company, d/b/a Fliteline Motors, Incorporated, Zenith Insurance Company, Second Injury Fund and Death & Permanent Disability Trust Fund, from the Arkansas Workers' Compensation Commission. Reversed and Remanded. Gladwin and Baker, JJ., agree. (UNPUBLISHED)[PDF]
DAVID M. GLOVER, JUDGE:
CA06-450. Denise Worley, Administratrix of the Estate of Dale Worley, Deceased v. Cincinnati Insurance Companies, from Benton Circuit. Affirmed. Robbins and Miller, JJ., agree. (UNPUBLISHED)[PDF]
D.P. MARSHALL JR., JUDGE:
CACR06-452. Devin William Weston v. State of Arkansas, from Garland Circuit. Affirmed. Heffley, J., agrees. Hart, J., concurs. (UNPUBLISHED)[PDF]
CA06-431. Clifford Brady and Mary Ann Brady v. William W. Perdue and Gaynor C. Perdue, from Pulaski Circuit. Affirmed. Griffen and Heffley, JJ., agree. (UNPUBLISHED)[PDF]
LARRY D. VAUGHT, JUDGE:
CACR06-559. Demarion Deshun Morton v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Griffen, J., agree. (UNPUBLISHED)[PDF]
CA06-329. Norman R. Evans v. Samuel Woodard and Tommy Woodard, from Perry Circuit. Affirmed. Pittman, C.J., and Griffen, J., agree. (UNPUBLISHED)[PDF]
SARAH J. HEFFLEY, JUDGE:
CACR06-650. Emil Roland Rath v. State of Arkansas, from Polk Circuit. Affirmed. Marshall, J., agrees. Hart, J., concurs. (UNPUBLISHED)[PDF]
CACR06-719. Lacumba Smith v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Marshall, JJ., agree. (UNPUBLISHED)[PDF]
KAREN R. BAKER, JUDGE:
CA06-373. James Shreffler v. Arkansas Department of Human Services, from Washington Circuit. Affirmed. Gladwin and Bird, JJ., agree. (UNPUBLISHED)[PDF]
CACR06-666. David Lee Washington v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Bird, JJ., agree. (UNPUBLISHED) [PDF]
BRIAN S. MILLER, JUDGE:
CA06-411. James B. Burton and Sonja Burton v. Steve Hankins and Lisa Hankins, from Faulkner Circuit. Affirmed. Robbins and Glover, JJ., agree. (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).
E06-238. Leonard Ideker v. Director et al.
E06-240. Natalya G. Bragg v. Director et al.
E06-241. Sandy Morton v. Director et al.
E06-243. April L. Dangerfield v. Director et al.
E06-244. Joshua S. Bermingham v. Director et al.
E06-245. Sharon L. Jemison v. Director et al.
E06-246. Charles H. Taylor v. Director et al.
E06-248. Jamie R. Thurmon v. Director et al.
E06-249. Joe D. Barker v. Director et al.
E06-250. Ellis R. Floyd v. Director et al.
E06-251. Christopher R. Snowden v. Director et al.
E06-252. Methodist Family Health v. Director al.
PER CURIAM ORDERS
CACR05-923. Justin Lee McDonald v. State of Arkansas, from Crawford Circuit. Appellant's motion to expand time to supplement record and file brief is granted. Supplemental record due by March 13, 2007. Brief due by April 16, 2007.
CACR06-78. Brent McJunkins v. State of Arkansas, from Grant Circuit. Motion of Gregory K. Crain for attorney's fees and costs is granted. Allowed $1,400.00.
CACR06-311. Billy Freeman, Sr. v. State of Arkansas, from Jefferson Circuit. Motion of Dale E. Adams for attorney's fees and expenses is granted. Allowed $1,250.00.
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 is granted.
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 is granted. Supplemental record filed this date. Appellant's brief due April 2, 2007.
CACR06-745. Robert S. Szlemko v. State of Arkansas, from Boone Circuit. Appellant's pro se motion to strike appellate brief is denied.
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 is granted.
CACR06-997. Sean Michaud v. State of Arkansas, from Garland Circuit. Appellant's motion for extension of brief time is granted. Final extension. Griffen, J., would deny.
CACR06-1197. Kitaka Lauderdale v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to dismiss appeal is granted.
CACR07-45. Jomone Boswell v. State of Arkansas, from Bradley Circuit. Motion of Gary W. Potts for substitution of appellate counsel is granted. Mr. Victor "Trey" Wright is appointed as counsel for appellant.
CACR07-47. Thomas Bass v. State of Arkansas, from Bradley Circuit. Motion of Gary W. Potts for substitutution of appellant counsel is granted. Mr. James R. Gowen, Jr., is appointed as counsel for appellant.
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 is remanded to the trial court for a hearing and findings of fact within thirty days. See Brewer v. State, 66 Ark. App. 324, 992 S.W. 2d 140 (1999).
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 is granted. Mr. Adam Butler is appointed as counsel for appellant. Appellant's brief due April 2, 2007.
CACR07-110. Kenneth Ray Pitts v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to relieve counsel is denied.
CA06-156. William F. Warren v. H & L Poultry, LLC, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted as to appellee H&L Poultry, LLC.; denied as to appellee Commerce and Industry Insurance Company. Griffen, J., not participating.
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 is granted. Allowed $700.00 in fees and $235.00 in expenses.
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 is granted. Allowed $700.00 in fees and $235.00 in expenses.
CA06-733. Odell Pollard v. Roy Newman, d/b/a Newman Electric from White Circuit. Appellant's pro se motion to accept reply brief with addendum. Granted as to First Request. Denied as to Second Request with leave to file a substituted abstract, brief, and addendum. Pittman, C.J., would require a substituted abstract, brief, and addendum as to both requests.
CA06-947. Jill Fields v. Jeremy M. Ausburn et al., from Pulaski Circuit, Sixteenth Division. Appellant's motion to file belated brief is granted.
CA06-1262. Sandra Jenkins v. Steinmart, Inc., from Workers' Compensation Commission. Appellant's pro se motion to supplement the record and for brief time is granted. Supplemental Record due March 23, 2007. Appellant's brief due thirty days thereafter.
CA06-1477. Anthony Sloan, M.D. et al. v. Arkansas Rural Medical Practice Loan & Scholarship Board et al., from Pulaski Circuit, First Division. Appellants' motion to remand and to stay appellate proceedings. Motion to remand is passed until case is submitted. Motion to stay appellate proceedings denied.
CA06-1477. Anthony Sloan, M.D. et al. v. Arkansas Rural Medical Practice Loan & Scholarship Board et al., from Pulaski Circuit, First Division. Appellees' motion to dismiss appeal is passed until case is submitted.
CA06-1477. Anthony Sloan, M.D. et al. v. Arkansas Rural Medical Practice Loan & Scholarship Board et al., from Pulaski Circuit, First Division. Appellee's motion to strike affidavit attached to appellants' response to appellees' motion to dismiss appeal is passed until case is submitted.
The following case is dismissed 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.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA06-197. Juanita Crist and Clarence Crist v. David P. Dean, M.D., from Pulaski Circuit, Seventeenth Division.
CA06-486. Michelle Christine (Archer) Rowe v. Kirby Logan Archer, from Independence Circuit.
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CACR06-700. Waimonushun Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of John Ogles for attorney's fees and expenses.
CACR06-995. Wilson J. McCrackin, Jr. v. State of Arkansas, from Ashley Circuit. Appellee's motion to dismiss appeal.
CACR06-1246. Gregory Harris v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to void or nullify notice of appeal and brief filed by counsel.
CACR06-1348. Jennifer Denise Pisto v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.
CA06-715. Brandi Kendrick et al. v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees and costs.
CA06-1010. Don M. Price v. B&R2 Properties, LLC, from Pulaski Circuit, Fifth Division. Appellant's motion for additional time to file brief.
CA06-1036. Fred R. Calvert, Jr. v. Estate of Fred R. Calvert, Sr., Deceased, from Madison Circuit. Appellant's motion to file belated brief.
CA06-1239. Barbara J. Pambianchi v. Robert Howell, from Desha Circuit, Arkansas City District. Appellee's motion to dismiss appeal.
CA06-1239. Barbara J. Pambianchi v. Robert Howell, from Desha Circuit, Arkansas City District. Appellant's second motion to file belated brief and for brief time.
CA06-1251. Glenn Davidson et al. v. Rhonda Summers, from Pulaski Circuit, First Division. Appellant's pro se petition for writ of prohibition.
CA06-1479. Phillip Linn v. Brenda Linn Miller, from Van Buren Circuit. Appellant's motion for supersedeas.
CA06-1492. Brent Williams et al. v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Tenth Division. Appellee's motion to strike portions of the record.
CA07-27. James E. Horvath v. Carole Hoffman, District Court Clerk, from Pulaski Circuit, First Division. Appellant's pro se motion for extension of time to file brief.
SUBMISSIONS
CA06-1072. Darrin Green, M. D. v. Epigmenio Nunez, from Sevier Circuit. Argued orally.
CACR05-775. Jimmy D. Bumgardner v. State of Arkansas, from Saline Circuit.
CACR06-169. Ricky L. Smith v. State of Arkansas, from Jefferson Circuit.
CACR06-210. James A. Robinson, Jr. v. State of Arkansas, from Jackson Circuit.
CACR06-582. Richard Edward Merritt v. State of Arkansas, from Crittenden Circuit.
CACR06-689. J.T. Talbert, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR06-707. Stephanie Tyler v. State of Arkansas, from Crittenden Circuit.
CACR06-720. Deanna Wright v. State of Arkansas, from Scott Circuit.
CACR06-793. Eric Brown v. State of Arkansas, from Jefferson Circuit.
CACR06-811. L. C. Clemons v. State of Arkansas, from Union Circuit.
CACR06-929. Abu R. Hassan v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA06-22. Roscoe A. Dykman v. Kathryn D. Dykman, from Garland Circuit.
CA06-495. Malinda Miller v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.
CA06-517. Jerry Evans v. Luther Evans, from Logan Circuit, Southern District.
CA06-538. Zurich American Insurance Co. v. Jimmy T. Knight, from Workers' Compensation Commission.
CA06-569. Dorothy Collins Thompson v. St. Vincent Doctors Hospital et al., from Pulaski Circuit, Seventh Division.
CA06-591. Tommy Hodges v. John F. Jenkins Contracting, Inc., from Garland Circuit.
CA06-605. Danny Heydenreich v. Sabrina Heydenreich, from Sebastian Circuit, Fort Smith District.
CA06-722. Vikki Deaton v. Jerald Deaton, from Columbia Circuit.
CA06-866. Maria S. Rodriguez v. M. McDaniel Co., Inc., from Workers' Compensation Commission.
CA06-955. Leona Meriweather v. Arkansas Department of Health and Human Services, from White Circuit.
CA06-1089. Ira Busbee v. Arkansas Department of Health and Human Services, from Washington Circuit.
CA06-1128. Mandy Bolin v. Arkansas Department of Health and Human Services, from Sebastian Circuit, Fort Smith District.
CA06-1229. Elba Ganter v. Arkansas Department of Health and Human Services, from Union Circuit.