Opinions delivered
February 28, 2007
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA06-502. Raymond Franklin Williams and Ricky Allen Williams v. Randy Hall; Law Offices of Gary Green; South Sheridan Water Association; and Homer Davis, Representative of the Estate of Ethel Davis, Deceased, from Grant Circuit. Reversed and Remanded. Hart and Bird, JJ., agree. (PUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE:
CACR06-781. Joseph Handy v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Bird, J., agree.(UNPUBLISHED) [PDF]
CA06-807. Byars Construction Company, L.L.C. v. P&C Management and Construction, L.L.C., Le Van Dang and Tuyetnga T. Dang, from Jefferson Circuit. Reversed and Remanded. Pittman, C.J., and Bird, J., agree.(UNPUBLISHED) [PDF]
ROBERT J. GLADWIN, JUDGE:
CACR06-809. James Arthur v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE:
CA06-784. Russell Brewer v. Wal-Mart Stores, Inc, from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Griffen, JJ., agree.(UNPUBLISHED) [PDF]
CA06-951. Fahtima Sohala Aydani Wagner v. George Jonathan Wagner, from Columbia Circuit. Affirmed. Gladwin and Griffen, JJ., agree.(UNPUBLISHED) [PDF]
SAM BIRD, JUDGE:
CA06-668. Mary E. Miller, Special Administrator of the Estate of Vincent Guy Miller, Deceased v. Centerpoint Energy Resource Corporation, a/k/a Arkla; Wesley Pierce, Individually; Megan Roberts, Individually; Andy West, Individually; and Dana West, Individually, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Gladwin, Robbins, Glover, Baker, and Miller, JJ., agree. (PUBLISHED) [PDF]
CA06-923. Georgia-Pacific Corporation and Sedgwick Claims Management Services v. Darrell Humphrey, from the Arkansas Workers’ Compensation Commission. Affirmed. Pittman, C.J., and Hart, J., agree.(UNPUBLISHED) [PDF]
WENDELL GRIFFEN, JUDGE:
CA06-783. Doretha Locket v. Arkansas Children’s Hospital and Risk Management Resources, from the Arkansas Workers’ Compensation Commission. Affirmed. Pittman, C.J., and Vaught, J., agree.(UNPUBLISHED) [PDF]
CA06-992. Onesimo Samaripas v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed; Motion Granted. Pittman, C.J., and Vaught, J., agree.(UNPUBLISHED) [PDF]
DAVID M. GLOVER, JUDGE:
CACR05-1372. Jerry Eaton v. State of Arkansas, from Greene Circuit. Affirmed. Robbins and Miller, JJ., agree. (UNPUBLISHED) [PDF]
CA06-856. CV’s Family Foods and Benchmark Insurance Company v. Gloria Taylor, from the Arkansas Workers’ Compensation Commission. Affirmed. Marshall and Baker, JJ., agree. (UNPUBLISHED) [PDF]
D.P. MARSHALL JR., JUDGE:
CA05-996. Robert Glen Bishop v. Suzanne Bishop, from Sebastian Circuit. Affirmed in Part, Reversed in Part, and Remanded. Hart and Heffley, JJ., agree.(PUBLISHED) [PDF]
LARRY D. VAUGHT, JUDGE:
CA06-867. Jeffrey Ridenhour, 2004 Dodge Pickup VIN #3D7KU26684G13975 v. State of Arkansas, from Scott Circuit. Reversed and Dismissed. Heffley and Miller, JJ., agree. (PUBLISHED) [PDF]
CA06-894. Raul Tinjero v. Department of Health and Human Services, from Drew Circuit. Affirmed. Heffley and Miller, JJ., agree. (UNPUBLISHED) [PDF]
SARAH J. HEFFLEY, JUDGE:
CA06-717. Kenny E. Goodwin v. Unifund CCR, Assignee of Providian National Bank, from Pulaski Circuit. Affirmed. Vaught and Miller, JJ., agree.(UNPUBLISHED) [PDF]
KAREN R. BAKER, JUDGE:
CA06-274. Benton County Water District No. 1 v. Benton Washington Regional Public Water Authority, from Benton Circuit. Reversed and Remanded. Gladwin and Bird, JJ., agree. (UNPUBLISHED) [PDF]
BRIAN S. MILLER, JUDGE:
CACR06-718. Jacob Callaway v. State of Arkansas, from Bradley Circuit. Affirmed. Vaught and Heffley, JJ., agree.(UNPUBLISHED) [PDF]
CA06-884. Leslie Hunter and Allen Hunter v. Arkansas Department of Health and Human Services, from Independence Circuit. Affirmed; Motion to be Relieved Granted. Vaught and Heffley, JJ., agree.(UNPUBLISHED) [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).
E06-253. 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.
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
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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CACR06-700. Waimonushun Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of John Ogles for attorney's fees and expenses is granted. Allowed $1,400.00.
CACR06-995. Wilson J. McCrackin, Jr. v. State of Arkansas, from Ashley Circuit. Appellee's motion to dismiss appeal is denied. Mr. Dwain Oliver is relieved. Mr. David Bowden is appointed as counsel for appellant.
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 is denied.
CACR06-1348. Jennifer Denise Pisto v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is denied. Record due within thirty days (March 30, 2007).
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 is granted. Allowed $1,400.00 in fees and $375.00 in expenses.
CA06-1010. Don M. Price v. B&R2 Properties, LLC, from Pulaski Circuit, Fifth Division. Appellant's motion for additional time to file brief is granted. Brief due within thirty days (March 30, 2007). Final extension.
CA06-1036. Fred R. Calvert, Jr. v. Estate of Fred R. Calvert, Sr., Deceased, from Madison Circuit. Appellant's motion to file belated brief is granted. Heffley, J., not participating.
CA06-1239. Barbara J. Pambianchi v. Robert Howell, from Desha Circuit, Arkansas City District. Appellee's motion to dismiss appeal is denied.
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 is granted. Brief due within thirty days (March 30, 2007). Final extension.
CA06-1479. Phillip Linn v. Brenda Linn Miller, from Van Buren Circuit. Appellant's motion for supersedeas is denied. See Home Mut. Fire Ins. Co. v. Jones, 62 Ark. App. 182, 969 S.W. 2d 675 (1998); Schramm v. Piazza, 53 Ark. App. 99, 918 S.W. 2d 733 (1996).
CA06-1492. Brent Williams et al. v. Arkansas Department of Health & Human Services, from Pulaski Circuit, Tenth Division. Appellee's motion to strike portions of the record is passed until case is submitted. Griffen, J., would grant.
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 is granted. Brief due within thirty days (March 30, 2007). Vaught, J., not participating.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA06-111. Louanne Mae Parker v. John Matthew Parker, from Craighead Circuit, Western District.
CA06-630. Arkansas Department of Health and Human Services v. Jessica Jones and Jacob Hines, from Sebastian Circuit, Fort Smith District.
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CACR06-574. Adrian A. Grissom v. State of Arkansas, from Columbia Circuit. Motion of David W. Talley, Jr. for attorney's fees.
CACR06-1404. Tommy R. Sevier, Jr. v. State of Arkansas, from Miller Circuit. Appellant's motion to file belated brief and for brief time.
CACR07-98. Rodney Lee Mitchael v. State of Arkansas, from Crawford Circuit. Appellant's motion to protect juvenile victim identity.
CACR07-141. Sheila M. Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion requesting that present appellate counsel be relieved on the basis of a conflict of interest or, in the alternative, requesting an extension of time to file appellant Smith's brief.
CACR07-166. Heather Marie Connor v. State of Arkansas, from Faulkner Circuit. Motion of Boyd Tackett, Jr. to be relieved and for appointment of counsel for appellant.
CA06-398. Jimmy Singleton v. City of Pine Bluff, from Workers' Compensation Commission. Appellant's motion for attorney's fees.
CA06-466. Wilma V. Adams et al. v. Jerry Atkins et al., from Johnson Circuit. Appellees/ Cross-Appellants' motion for attorney's fees and sanctions.
CA06-486. Michelle Christine (Archer) Rowe v. Kirby Logan Archer, from Independence Circuit. Appellant's motion to publish opinion.
CA06-521. Benjamin F. Lackey, Jr. v. Mark A. Mays et al., from Faulkner Circuit. Appellant’s motion for leave to file substituted appellant's brief, addendum and abstract as separate documents.
CA06-634. Rebecca Pilcher v. Arkansas Department of Human Services, from Garland Circuit. Motion of Willie E. Perkins, Jr. for attorney's fees and expenses.
CA06-940. Baxter County Regional Hospital et al. v. Arlene Denise Dixon, from Workers' Compensation Commission. Appellants’ motion for oral arguments.
CA06-1088. Glee Alan Burt et al. v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Tenth Division. Appellants’ motion to file belated brief.
CA06-1285. Alan Banks v. Dr. Timothee T. Wilkin, from Dallas Circuit. Appellant's motion to complete the record and for brief time.
CA06-1343. Bryan K. Smith v. Sandy Thomas and Danny Thomas, from Faulkner Circuit. Appellees' motion to settle the record.
CA06-1473. Glenn Mechanical, Inc. v. South Arkansas Regional Health Center, Inc. et al., from Union Circuit. Appellant's motion for correction of the record and to stay briefing schedule.
CA07-54. Forrest F. Gillespie v. Sabrena R. Gillespie, from Mississippi Circuit, Chickasawba District. Appellee's motion to supplement the record.
CA07-54. Forrest F. Gillespie v. Sabrena R. Gillespie, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal.
CA07-54. Forrest F. Gillespie v. Sabrena R. Gillespie, from Mississippi Circuit, Chickasawba District. Appellant’s motion to dismiss appeal.
CA07-119. Patrick J. Booth et al. v. Riverside Marine Remanufacturers, Inc., from Pulaski Circuit, Sixth Division. Appellants' motion for supersedeas.
SUBMISSIONS
CACR06-109. Sean Allen Hicks v. State of Arkansas, from Garland Circuit.
CACR06-189. Lillie Faye Jackson and Jonathan Tyrell Jackson v. State of Arkansas, from Crittenden Circuit.
CACR06-573. Willie Wells III v. State of Arkansas, from Crittenden Circuit.
CACR06-642. Reginald Richardson v. State of Arkansas, from Ouachita Circuit.
CACR06-647. Matthew Barnett v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR06-671. Linda Diane Nicholson v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR06-764. Jeffrey Webb v. State of Arkansas, from Hot Spring Circuit.
CACR06-779. Anthony White v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR06-788. Mary Dial Maddox v. State of Arkansas, from White Circuit.
CACR06-897. Ennis Oliver v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CA06-290. Bill Loyd v. Majid Kameli, from Pulaski Circuit, First Division.
CA06-344. Rebecca McVey v. Arkansas Department of Human Services, from Washington Circuit.
CA06-714. Cyndall Sharp v. M. J. Keeler, from Washington Circuit.
CA06-726. Paul Schmidt v. Gary Stearman, Sr., from Washington Circuit.
CA06-744. James Boyster v. Teresa Shoemake, from Sebastian Circuit, Greenwood District.
CA06-768. Michelle Caldwell Staab v. Betty Mainard, from Franklin Circuit, Northern District.
CA06-805. Melissa Reeves v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Eighth Division.
CA06-850. Adirine Valenzuela v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division.
CA06-874. Lewis Ford Sales, Inc. v. Justin Fisher, from Workers' Compensation Commission.
CA06-893. Howell Riley v. Arkansas Department of Health and Human Services, from Crawford Circuit.
CA06-911. International Paper Company v. Jeffery Hunter, from Workers' Compensation Commission.
CA06-924. Trience M. Jacobs v. South Arkansas Development Center, from Workers' Compensation Commission.
CA06-967. Patricia White v. Arkansas Department of Health and Human Services, from Greene Circuit.
The following cases are appeals from the Arkansas Board of Review.
E06-264. Garland Hill v. Director et al.
E06-267. Cedric B. Nash v. Director et al.
E06-268. Jazzama Pegue v. Director et al.
E06-270. Bernadine J. Loving v. Director et al.
E06-271. Pamela Neal v. Director et al.
E06-272. Glen D. Sullivan v. Director et al.
E06-274. Englebert V. Doringer v. Director et al.
E06-275. Sue E. Crain v. Director et al.
E06-277. Virginia L. Burks v. Director et al.
E06-278. Susan A. Green v. Director et al.
E06-279. Glen J. Biviano v. Director et al.
E06-280. Gina Perrusquia v. Director et al.