ARKANSAS SUPREME COURT

Opinions delivered
March 1, 2007


Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.


 

JIM HANNAH, CHIEF JUSTICE:

06-132. Frank Myers v. David Yingling and Venice Yingling, from White Circuit. Appeal Dismissed Without Prejudice. (PUBLISHED) [PDF]

TOM GLAZE, JUSTICE:

06-734. Fordyce Bank & Trust Company v. Bean Timberland, Inc., Potlatch Corporation, and Idaho Timber Corporation of Carthage, Inc., from Dallas Circuit. Affirmed. (PUBLISHED)[PDF]

DONALD L. CORBIN, JUSTICE:

06-885. Southern Farm Bureau Casualty Insurance Company v. Terry Easter, Roy Johnson, Rhonda Johnson, and Ronald Andrew Taylor, from Benton Circuit. Dismissed Without Prejudice. (PUBLISHED) [PDF]

ROBERT L. BROWN, JUSTICE:

CR06-511. Kenneth D. Williams v. State of Arkansas, from Lincoln Circuit. Affirmed. Imber, J., not participating. (PUBLISHED) [PDF]

ANNABELLE CLINTON IMBER, JUSTICE:

06-895. Bob Bomar v. Keith Moser and Barry Jewell, from Pulaski Circuit, Third Division. Affirmed in Part, Reversed and Remanded in Part. (PUBLISHED) [PDF]

JIM GUNTER, JUSTICE:

CR06-1000. Marvin M. Mhoon v. State of Arkansas, from Drew Circuit. Affirmed in Part; Reversed and Remanded in Part. (PUBLISHED) [PDF]

06-635. Bill Maddox, Bill Grace, Jerry Frisby, Melba Riggs, and Charles Beasley v. City of Fort Smith, from Sebastian Circuit, Fort Smith District. Affirmed. Danielson, J., dissents. (PUBLISHED) [PDF]

06-649. White County, Arkansas v. Cities of Judsonia, Kensett, and Pangburn, Arkansas, from White Circuit. Affirmed. Special Associate Justices Martha Hill and Michael R. Mayton join. Hannah, C.J., and Imber, J., not participating. (PUBLISHED) [PDF]

PAUL E. DANIELSON, JUSTICE:

06-743. Elmer Cochran and Debbie Cochran v. Marshall Bentley and Cheryl Bentley, from Independence Circuit. Affirmed. (PUBLISHED) [PDF]

PER CURIAM OPINION:

CR06-827. Orvil Dale Loftis v. State of Arkansas, from Jackson Circuit. Affirmed. (UNPUBLISHED) [PDF]

 

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CR06-842. Artie Jackson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Imber, J., not participating.

06-414. Mary Sowders v. St. Joseph's Mercy Health Center et al., from Hot Spring Circuit. Brown, J., would grant.

06-674. Arkansas Department of Correction v. Jeremy Eli Bailey, from Pulaski Circuit, Fifth Division.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR07-149. Joe Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. See per curiam this date. (UNPUBLISHED) [PDF]

07-20. John Gibson Auto Sales, Inc. v. Direct Insurance Company, from Garland Circuit.

07-25. Curtis A. Crofford et ux. v. Green Tree Servicing, LLC, from Pulaski Circuit, Sixteenth Division.

07-120. Beverly Enterprises-Arkansas, Inc. v. Mike Jarrett, from White Circuit.

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CACR06-727. John Otto Downing, Jr. v. State of Arkansas, from Randolph Circuit. Motion to file belated appeal is granted. See per curiam this date. (PUBLISHED) [PDF]

CR06-688. Pamela Kaye Terry v. State of Arkansas, from Van Buren Circuit. Appellant’s motion to file belated and corrected brief is granted.

CR07-29. David Edward Motes v. State of Arkansas, from Stone Circuit. Motion for rule on clerk is granted.

CR07-29. David Edward Motes v. State of Arkansas, from Stone Circuit. Motion to withdraw as counsel is denied. See per curiam this date. (PUBLISHED) [PDF]

CR07-139. Jerry Perez v. State of Arkansas, from Washington Circuit. Motion for rule on clerk is granted. See per curiam this date. (PUBLISHED) [PDF]

06-586. Lade Thomas Conlee, Jr. v. Jennifer Conlee, from Pulaski Circuit, Twelfth Division. Rebriefing ordered; Clerk to set briefing schedule; consolidate 06-586 and 05-743. See per curiam this date. (PUBLISHED) [PDF]

06-674. Arkansas Department of Correction v. Jeremy Eli Bailey, from Pulaski Circuit, Fifth Division. Appellee’s motion for stay of mandate is granted.

06-1087. Dennis Simons, Individually, and In His Official Capacity as an Arkansas State Trooper v. Barbara Marshall, from Phillips Circuit. Rebriefing ordered. See per curiam this date. (PUBLISHED) [PDF]

06-1257. John Nash v. Arkansas Elevator Safety Board, from Pulaski Circuit, Fifth Division. Appellee’s motion for inclusion of videotape in record is granted.

06-1257. John Nash v. Arkansas Elevator Safety Board, from Pulaski Circuit, Fifth Division. Appellant’s motion for inclusion of exhibits in record on appeal is granted.

06-1347. Sunbeam Products, Inc. v. Bobbie Fay Grammar et al., from Miller Circuit. Appellant’s motion to supplement the record is granted. Gunter, J., not participating.

06-1347. Sunbeam Products, Inc. v. Bobbie Fay Grammar et al., from Miller Circuit. Motion of Product Liability Advisory Counsel, Inc., for permission to file amicus curiae brief is granted. Gunter, J., not participating.

06-1347. Sunbeam Products, Inc. v. Bobbie Fay Grammar et al., from Miller Circuit. Motion of Property Casualty Insurers Association of America to file amicus curiae brief is granted. Gunter, J., not participating.

06-1347. Sunbeam Products, Inc. v. Bobbie Fay Grammar et al., from Miller Circuit. Motion of Chamber of Commerce of the United States of America to file amicus curiae brief is granted. Gunter, J., not participating.

06-1355. Jason J. Powell v. Davelynn F. Lane, from Polk Circuit. Appellant’s motion to file belated brief is granted.

07-145. In Re: James Scott DeNeen, Arkansas Bar No. 92212, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (PUBLISHED) [PDF]

CR94-358. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se petition for writ of prohibition and for immediate execution of sentence. Petition for writ of prohibition denied; request for immediate execution declared premature. See per curiam this date. (UNPUBLISHED) [PDF]

CR05-648 and CACR04-525. Edward Loveless v. State of Arkansas, from Pope Circuit. Pro se motion for reconsideration of motion for access to transcript and records. Motion denied. See per curiam this date. (UNPUBLISHED) [PDF]

CR06-1213. Alan Ray Cluck v. State of Arkansas, from Crawford Circuit. Pro se motion for extension of time to file appellant’s brief. Motion granted in part and denied in part. See per curiam this date. (UNPUBLISHED) [PDF]

CR06-1311. Benny L. Hulsey v. State of Arkansas, from Benton Circuit. Pro se motion for leave to file belated brief. Motion granted. See per curiam this date. (UNPUBLISHED)[PDF]

03-1205. Patrick Robertson v. State of Arkansas, from Jefferson Circuit. Pro se motion for rule on clerk to file original action. Motion denied. See per curiam this date. (UNPUBLISHED) [PDF]

 

MOTIONS SUBMITTED

PETITION FOR REVIEW:

07-160. Valerie Lynn Gifford v. Alvie Doyle Tuggle, from Saline Circuit.

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CR06-1323. Charles Higgins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee’s motion to dismiss appeal.

05-592. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Darrell F. Brown, Sr., Arkansas Bar ID # 72012, an Original Action. Petitioner/appellee’s motion for judgment on the pleadings and for entry of final order of disbarment.

CA06-1107. El Paso Production Company et al. v. James H. Blanchard, Jr., from Columbia Circuit. Appellants’ motion to certify appeal to the Supreme Court.

06-1227. Gary Lane Coulter v. Samuel Carusi et al., from Miller Circuit. Appellant’s motion to set aside order of dismissal.

CA06-1251. Glenn Davidson et al. v. Rhonda Summers, from Pulaski Circuit, First Division. Petition for writ of prohibition.

CA06-1251. Glenn Davidson et al. v. Rhonda Summers, from Pulaski Circuit, First Division. Petition for writ of mandamus.

CA06-1309. Deana Presley et al. v. Leonard Brown et al., from Conway Circuit. Appellants’ motion to certify and transfer appeal to the Supreme Court.

06-1416. Clarence Collins v. George Brewer, Classification Administrator, Arkansas Department of Correction, from Jefferson Circuit. Appellee’s motion to dismiss appeal.

07-16. Geneva Clark v. Rodney O. Tobias, from Grant Circuit. Motion for rule on clerk.

CA07-115. R.S. McCullough v. Select Portfolio Service, Inc. et al., from Pulaski Circuit, Sixth Division. Motion and amended motion for emergency relief.

07-122. Dr. Michael Muylaert et al. v. Circuit Court of Logan County, from Logan Circuit, Southern District. Joint petition for writ of certiorari, or alternative petition for writ of prohibition and request for temporary relief.

07-144. James Studie v. Ruth Lavern Corbin, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk.

07-148. Arkansas Oklahoma Gas Corporation v. MacSteel, A Division of Quanex Corporation et al., from Sebastian Circuit, Fort Smith District. Appellant’s motion to file enlarged statement of the case and for enlargement of argument from 25 pages to 40 pages.

07-161. Jay Potter et ux. v. Honorable Kim Martin Smith, Circuit Judge, from Washington Circuit. Motion for expedited stay pending appeal.

07-161. Jay Potter et ux. v. Honorable Kim Martin Smith, Circuit Judge, from Washington Circuit. Motion for expedited writ of prohibition or, in the alternative, a writ of certiorari.

 

SUBMISSIONS

06-501. Tomosa Summerville v. Dr. Rufus Thrower et al., from Pulaski Circuit, Second Division. Argued orally.

CR06-1016. State of Arkansas v. Rayburn Ted Jones, from Benton Circuit.

06-1025. First Security Bank v. Estate of Paul C. Leonard, from Johnson Circuit.

06-1033. James Phillip McKinney v. Dr. Robert Bishop et al., from Crawford Circuit.

06-1058. Erin, Inc. et al. v. Honorable William Pickens Mills, from White Circuit.

06-1069. Morris Thompson v. Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct.

06-1135. Ormond Enterprises, Inc. v. Point Remove Westlands Reclamation & Irrigation Improvement District, from Conway Circuit.