Opinions delivered
March 7, 2007
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE
CACR06-689. J.T. Talbert, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hart and Bird, JJ., agree. (UNPUBLISHED) [PDF]
CA06-520. A. D. S. v. State of Arkansas, from Washington Circuit. Affirmed. Bird, J., agrees. Hart, J., concurs. (PUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE
CACR06-720. Deanna Wright v. State of Arkansas, from Scott Circuit. Affirmed. Pittman, C.J., and Bird, J., agree. (UNPUBLISHED) [PDF]
CA06-722. Vikki Deaton v. Jerald Deaton, from Columbia Circuit. Affirmed. Pittman, C.J., and Bird, J., agree. (UNPUBLISHED) [PDF]
ROBERT J. GLADWIN, JUDGE
CA06-538. Cedar Chemical Co., Employer, Zurich American Insurance Co., Crawford and Company, Insurance Carrier, TPA, Death & Permanent Total Disability Trust Fund v. Jimmy T. Knight, from the Arkansas Workers’ Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CA06-1105. Brandy Johnson v. Arkansas Department of Health and Human Services, from Washington Circuit. Reversed. Robbins and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE
CACR06-582. Richard Edward Merritt v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
SAM BIRD, JUDGE
CACR06-793. Eric Brown v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (UNPUBLISHED) [PDF]
WENDELL L. GRIFFEN, JUDGE
CACR06-268. Marquis Borders v. State of Arkansas, from Jefferson Circuit. Motion to Withdraw Denied; Rebriefing Ordered. Glover and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
CACR06-929. Abu R. Hassan v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Gladwin and Robbins, JJ., agree. (UNPUBLISHED) [PDF]
CA06-480. Joyce McCain Harms Revocable Trust v. Laura Rogers, Steve Paladino, Henry Paladino, Steve Harms, and Sally Harms, from Pope Circuit. Dismissed. Gladwin and Robbins, JJ., agree. (UNPUBLISHED) [PDF]
CA06-679. Donna Bradford v. Plaza at the Village, St. Paul Travelers Companies, Inc., and Firstcomp Insurance Co., from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (UNPUBLISHED) [PDF]
CA06-1128. Mandy Bolin v. Arkansas Department of Health and Human Services, from Sebastian Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (UNPUBLISHED) [PDF]
DAVID M. GLOVER, JUDGE
CA06-248. Judy Cavin, Jonathon Cavin, and Brandon Cavin v. Boyce Davis, from Washington Circuit. Affirmed. Robbins and Miller, JJ., agree. (UNPUBLISHED) [PDF]
CA06-605. Danny Heydenreich v. Sabrina Heydenreich, from Sebastian Circuit. Affirmed in Part; Remanded in Part. Marshall and Baker, JJ., agree. (UNPUBLISHED) [PDF]
D.P. MARSHALL JR., JUDGE
CACR06-811. L. C. Clemons v. State of Arkansas, from Union Circuit. Affirmed. Glover and Baker, JJ., agree. (UNPUBLISHED) [PDF]
CA06-1229. Elba Ganter v. Arkansas Department of Health & Human Services, from Union Circuit. Affirmed. Glover and Baker, JJ., agree. (UNPUBLISHED) [PDF]
LARRY D. VAUGHT, JUDGE
CA06-591. Tommy Hodges and Central Crossing, L.L.C. v. John F. Jenkins Contracting, Inc., from Garland Circuit. Affirmed. Heffley and Miller, JJ., agree. (PUBLISHED) [PDF]
SARAH J. HEFFLEY, JUDGE
CACR06-169. Ricky L. Smith v. State of Arkansas, from Jefferson Circuit. Remanded to Settle the Record. Vaught and Miller, JJ., agree. (UNPUBLISHED) [PDF]
CACR06-697. Rommell Gill and Patrick Gill v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Miller, JJ., agree. (UNPUBLISHED) [PDF]
CA06-495. Malinda Miller v. Arkansas Department of Human Services, from Sebastian Circuit, Juvenile Division. Affirmed. Vaught and Miller, JJ., agree. (UNPUBLISHED) [PDF]
CA06-798. Maxine McIntosh v. Arkansas Department of Health and Human Services, from Union Circuit. Affirmed. Hart and Marshall, JJ., agree. (UNPUBLISHED) [PDF]
KAREN R. BAKER, JUDGE
CACR06-210. James A. Robinson, Jr. v. State of Arkansas, from Jackson Circuit. Affirmed. Glover and Marshall, JJ., agree. (UNPUBLISHED) [PDF]
CA06-517. Jerry Evans v. Luther Evans, from Logan Circuit. Affirmed. Glover and Marshall, JJ., agree. (UNPUBLISHED) [PDF]
CA06-817. Glen Osborne v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Glover and Marshall, JJ., agree. (PUBLISHED) [PDF]
BRIAN S. MILLER, JUDGE
CA06-569. Dorothy Collins (Thompson) v. St. Vincent Doctors; St. Vincent Infirmary et al., from Pulaski Circuit. Affirmed. Vaught and Heffley, JJ., agree. (PUBLISHED) [PDF]
CA06-866. Maria S. Rodriguez v. M. McDaniel Co., Inc. and Liberty Mutual Insurance Company, from the Arkansas Workers’ Compensation Commission. Affirmed. Vaught and Heffley, JJ., agree. (PUBLISHED) [PDF]
PER CURIAM ORDERS
REHEARING DENIED: Petition for Rehearing was denied today in the following cases.
CA06-111. Louanne Mae Parker v. John Matthew Parker, from Craighead Circuit, Western District.
CA06-197. Juanita Crist and Clarence Crist v. David P. Dean, M.D., from Pulaski Circuit, Seventeenth Division.
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 is granted. Allowed $1,400.00.
CACR06-1404. Tommy R. Sevier, Jr. v. State of Arkansas, from Miller Circuit. Appellant's motions to file belated brief and for brief time are granted. Brief due by March 15, 2007.
CACR07-98. Rodney Lee Mitchael v. State of Arkansas, from Crawford Circuit. Appellant's motion to protect juvenile victims’ identity is granted.
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 is granted. Mr. Brent Houston is appointed as counsel for appellant.
CA06-398. Jimmy Singleton v. City of Pine Bluff, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted.
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 is denied.
CA06-486. Michelle Christine (Archer) Rowe v. Kirby Logan Archer, from Independence Circuit. Appellant's motion to publish opinion is denied.
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 is granted.
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 is granted. Allowed $1,400.00 in fees and $500.00 in expenses.
CA06-940. Baxter County Regional Hospital et al. v. Arlene Denise Dixon, from Workers' Compensation Commission. Appellants' motion for oral arguments is denied. Bird, Marshall, and Miller, JJ., would grant.
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 is granted. Brief due within thirty days (April 6, 2007). Final extension.
CA06-1285. Alan Banks v. Dr. Timothee T. Wilkin, from Dallas Circuit. Appellant's motion to complete the record and for brief time is granted. Record deemed supplemented. Brief due within thirty days (April 6, 1007).
CA06-1343. Bryan K. Smith v. Sandy Thomas and Danny Thomas, from Faulkner Circuit. Appellees' motion to settle the record is remanded to the trial court to settle the record within thirty days. Brief due within sixty days thereafter.
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 is granted. Corrected record due within thirty days (April 6, 1007). Brief due within thirty days thereafter.
CA07-54. Forrest F. Gillespie v. Sabrena R. Gillespie, from Mississippi Circuit, Chickasawba District. Appellee’s motion to supplement the record. Moot.
CA07-54. Forrest F. Gillespie v. Sabrena R. Gillespie, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal is granted.
CA07-54. Forrest F. Gillespie v. Sabrena R. Gillespie, from Mississippi Circuit, Chickasawba District. Appellant's motion to dismiss appeal. Moot.
CA07-119. Patrick J. Booth et al. v. Riverside Marine Remanufacturers, Inc., from Pulaski Circuit, Sixth Division. Appellants' motion for supersedeas is denied without prejudice. See Schramm v. Piazza, 53 Ark. App. 99, 918 S.W. 2d 733 (1996), as to form and amount of bond.
CA07-180. Larry Darnell Sheard v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of Ralph A. Downs to withdraw as counsel for appellant is granted. Ms. Cecilia Ashcraft is appointed as counsel for appellant.
CA07-181. Duke Donahue v. Arkansas Department of Human Services, from Faulkner Circuit. Agreed motion of Glen Hoggard to be relieved as counsel of record and for entry of appearance of Stephanie Chamberlin is granted.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING
CA06-447. Linda K. Walston v. Mena Medical Center et al., from Workers' Compensation Commission.
CA06-525. John Coleman v. Pro Transportation, Inc. et al., from Workers' Compensation Commission.
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CACR05-600. Steven Sparks v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to proceed on appeal, or for appointment of counsel.
CACR05-600. Steven Sparks v. State of Arkansas, from Washington Circuit. Appellant's motion to file belated brief.
CACR06-719. Lacumba Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunigan for attorney's fees.
CACR06-821. Luwalhati Admana Johnson v. State of Arkansas, from Washington Circuit. Appellant’s pro se motion to file belated brief.
CACR06-1253. Carl Edward Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to stay direct appeal, vacate brief as insufficient and for appointment of new counsel.
CACR07-98. Rodney Lee Mitchael v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement the record and stay brief time.
CACR07-178. Ramon Dewey Beal v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes to be relieved as counsel and for substitution of Bart Zieghorn as counsel for appellant and for brief time.
CACR07-202. Kenneth Ray Oden v. State of Arkansas, from Greene Circuit. Motion of Kristofer E. Richardson to withdraw as counsel for appellant.
CA06-884. Leslie Hunter v. Arkansas Department of Human Services, from Independence Circuit. Motion of Leah Lanford for attorney's fees and expenses.
CA06-894. Raul Tinjero v. Arkansas Department of Human Services, from Drew Circuit. Motion of James A. Hamilton for attorney's fees and expenses.
CA06-992. Onesimo Samaripas v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Ralph A. Downs for attorney's fees and expenses.
CA06-1104. Keith McFarland v. EZ Loader Boat Trailer et al., from Workers' Compensation Commission. Appellee's motion to file enlarged brief and for brief time.
CA06-1251. Glen Davidson v. Rhonda Summers, from Pulaski Circuit, First Division. Appellant’s pro se motion for production of records. (1)
CA07-36. Florine McDonald et al. v. Randel Wayne Brown et al., from Jefferson Circuit. Appellees' motion to dismiss appeal.
E07-44. Harold E. Wilson v. Director et al., from Board of Review. Appellant’s pro se motion to file belated petition for review.
The following cases are called for dismissal for failure to file briefs in accordance with Arkansas Supreme Court Rule 4-5:
CA06-402. James Hinchey v. Shane Lasater, from Faulkner Circuit.
CA06-457. Jimmy D. Carter v. Unifund CCR Partners et al., from Faulkner Circuit.
SUBMISSIONS
CA06-711. Transplace Stuttgart, Inc. v. Marty Carter et al., from Workers' Compensation Commission. Argued orally.
CACR06-388. Dominic Winfrey v. State of Arkansas, from St. Francis Circuit.
CACR06-653. Phillip Dwayne Duvall v. State of Arkansas, from Grant Circuit.
CACR06-687. Johnny Stephens v. State of Arkansas, from Pulaski Circuit, First Division.
CACR06-698. Pamela Robinson v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR06-709. Michael Wade Myers and Scott Lynn Hall v. State of Arkansas, from Lonoke Circuit.
CACR06-810. Terry Bernard Potts v. State of Arkansas, from Pulaski Circuit, First Division.
CACR06-847. Debra J. LaFort v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR06-853. Michael D. Dykes v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR06-869. Everett Bolden v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR06-870. Thomas Jermaine Davis v. State of Arkansas, from Pulaski Circuit, Second Division.
CA05-1010. Koscha Phillips v. Cavanaugh Free Will Baptist Church, Inc., from Sebastian Circuit, Fort Smith District.
CA06-251. David Davis v. Arkansas Department of Human Services, from Polk Circuit.
CA06-610. Francisco Loredo v. Arkansas Department of Human Services, from Benton Circuit.
CA06-611. Grant Nash v. American National Property and Casualty Co., from Washington Circuit.
CA06-646. James Penny v. Arkansas State Bank, from Washington Circuit.
CA06-749. Market Place Partnership v. Tracy Thibodeaux and Dana Thibodeaux, from Saline Circuit.
CA06-789. Jim Ray, Inc. v. Duane Williams, from Sebastian Circuit, Greenwood District.
CA06-816. Sherry Lovesee v. Arkansas Department of Human Services, from Marion Circuit.
CA06-819. Charles Brandt v. Marsha Willhite, from Benton Circuit.
CA06-921. Southern Telephone Construction Company, Inc. v. Gratton Harris, from Workers' Compensation Commission.
CA06-969. Daniel Latham v. Arkansas Department of Health and Human Services, from Washington Circuit.
CA06-980. Linda Gulley v. St. Edward Mercy Medical Center, from Workers' Compensation Commission.
CA06-1094. Leslie King Stripling v. Arkansas Department of Health and Human Services, from Sevier Circuit.
The following cases are appeals from the Arkansas Board of Review.
E06-282. Peggy Fleniken v. Director et al.
E06-283. Earl Briggs v. Director et al.
E06-284. Cathy A. Holland v. Director et al.
E06-286. Dale Newman Management Company v. Director et al.
E06-287. C&B Drilling Company, Inc. v. Director et al.
E06-288. Hydrovac Services Inc. v. Director et al.
E06-289. Deborah H. Gaines v. Director et al.
E06-290. Dorothy L. Bollen v. Director et al.
E06-291. Dorothy L. Bollen v. Director et al.
E06-294. Harold Dotson v. Director et al.
E06-295. Connie A. Hutto v. Director et al.
E06-296. Gary A. Chronister v. Director et al.