Opinions delivered
April 4, 2007
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE
CA06-1434. Sheila Lane v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Eleventh Division. Affirmed. Marshall and Miller, JJ., agree. (UNPUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE
CACR05-989. Christopher Branning v. State of Arkansas, from Boone Circuit. Affirmed in Part; Reversed and Dismissed in Part. Griffen and Baker, JJ., agree. (UNPUBLISHED) [PDF]
CA06-251. David Davis v. Arkansas Department of Human Services, from Polk Circuit. Affirmed. Bird, J., agrees. Pittman, C.J., concurs. (UNPUBLISHED) [PDF]
CA06-703. Paul Woodard v. Muriel Hasley, Trustee of the Muriel J. Hasley Revocable Trust, from Clark Circuit. Affirmed. Griffen and Baker, JJ., agree. (UNPUBLISHED) [PDF]
ROBERT J. GLADWIN, JUDGE
CACR06-698. Pamela Robinson v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Robbins and Griffen, JJ., agree. (PUBLISHED) [PDF]
CACR06-713. Bobby Morgan v. State of Arkansas, from Greene Circuit. Affirmed. Bird and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
CA06-1019. Pamela Olivas v. Arkansas Department of Health and Human Services, from Cleburne Circuit. Affirmed. Bird and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE
CACR06-775. Michael Lee Johnson v. State of Arkansas, from Miller Circuit. Reversed and Remanded. Glover and Heffley, JJ., agree. (PUBLISHED) [PDF]
CA06-611. Grant Nash v. American National Property & Casualty Co., from Washington Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (PUBLISHED) [PDF]
CA06-680. J. Somers Matthews v. Katherine Matthews, from Pulaski Circuit, Seventeenth Division. Reversed in Part; Affirmed in Part. Glover and Heffley, JJ., agree. (UNPUBLISHED) [PDF]
SAM BIRD, JUDGE
CACR06-812. Anthony T. Harris v. State of Arkansas, from Mississippi Circuit. Reversed and Dismissed. Gladwin and Vaught, JJ., agree. (PUBLISHED) [PDF]
CA06-862. Deloris Ann Lenz v. Arkansas Department of Health & Human Services, Pam Olivas, Thomas James Nimon, and Minor Child, from Cleburne Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
WENDELL L. GRIFFEN, JUDGE
CACR06-936. Steven Ralph Teater v. State of Arkansas, from Ouachita Circuit. Reversed and Remanded. Hart and Baker, JJ., agree. (UNPUBLISHED) [PDF]
DAVID M. GLOVER, JUDGE
CACR06-1106. Timothy Patrick Wright v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Robbins and Heffley, JJ., agree. (PUBLISHED) [PDF]
CA06-1300. Valdez Davis v. Arkansas Department of Health & Human Services, from Benton Circuit. Affirmed. Robbins and Heffley, JJ., agree. (PUBLISHED) [PDF]
D.P. MARSHALL JR., JUDGE
CA06-721. First Arkansas Bail Bonds, Inc. v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Miller, J., agree. (UNPUBLISHED) [PDF]
LARRY D. VAUGHT, JUDGE
CA06-762. Steven Thomas Trelfa, Patricia Lynn Trelfa, and State Street Bank and Trust Company v. Simmons First Bank of Jonesboro, et al., from Craighead Circuit, Western District. Affirmed. Gladwin and Bird, JJ., agree. (PUBLISHED) [PDF]
CA06-875. SSI, Inc. and Protegrity Services, Inc. v. Earnest Dale Lohman, from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Bird, JJ., agree. (PUBLISHED) [PDF]
SARAH J. HEFFLEY, JUDGE
CA06-497. Brent W. Beahm, M.D., and Pamela Beahm Woodworth v. First Western Bank, from Logan Circuit. Affirmed in Part; Reversed and Remanded in Part. Hart and Marshall, JJ., agree. (UNPUBLISHED) [PDF]
CA06-1059. Raymond Vancleave v. Arkansas Department of Health and Human Services, from Washington Circuit. Affirmed. Robbins and Glover, JJ., agree. (PUBLISHED) [PDF]
BRIAN S. MILLER, JUDGE
CACR06-359. Tania Leann Nesler v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman, C.J., and Marshall, J., agree. (UNPUBLISHED) [PDF]
CACR06-770. Pamela Sue Champlin and Mark Treat v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, C.J., and Glover, and Vaught, JJ., agree. Robbins and Griffen, JJ., dissent. (PUBLISHED) [PDF]
CA06-309. Delores Hales and Brad Hughes v. Arkansas Department of Health and Human Services, from Little River Circuit. Dismissed in Part; Affirmed in Part; Counsel’s Motion Granted. Pittman, C.J., and Marshall, J., agree. (UNPUBLISHED) [PDF]
CA06-646. James Penny v. Liberty Bank of Arkansas and Larry L. Hossfeld, from Washington Circuit. Affirmed. 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).
E06-293. Donna B. Erby v. Director, et al.
E06-297. Dorothy Jones v. Director, et al.
E06-298. Alisa L. Smith-Digby v. Director, et al.
E06-299. Rebecca L. Box v. Director, et al.
E06-301. William French v. Director, et al.
E06-302. Frank L. Fields v. Director, et al.
E06-303. Tau Carter v. Director, et al.
E06-304. Tarteisha Taggart v. Director, et al.
E06-305. Anita J. Swift v. Director, et al.
E06-306. Landers Toyota v. Director, et al.
E06-307. Patsy A. Smith v. Director, et al.
E06-308. John Baker v. Director, et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CA05-1090. Patricia Suzanne Mathews v. John Steven Mathews, from Faulkner Circuit.
CA05-1281. Anthony Ivers, Sr. v. Arkansas Department of Health and Human Services, from Washington Circuit.
CA06-264. Deck House, Inc. v. Scott Link et al., from Carroll Circuit, Western District.
CA06-401. Tony Long v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.
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CACR06-170. Johnny Craig v. State of Arkansas, from Jefferson Circuit. Motion of Patrick J. Benca for attorney's fees is granted. Allowed $1,400.00.
CACR06-210. James A. Robinson v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $1,400.00.
CACR06-647. Matthew Barnett 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.
CACR06-671. Linda Diane Nicholson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Lott Rolfe IV for attorney's fees and costs is granted. Allowed $1,400.00.
CACR06-853. Michael D. Dykes 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.
CACR06-942. Michael Roland v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to supplement brief and for appointment of new counsel is denied.
CACR06-997. Sean Michaud v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief is granted. Brief filed this date.
CACR06-1137. Jimmy Douglas Jefferson v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to file belated reply brief is granted. Reply brief filed this date.
CACR06-1253. Carl Edward Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to stay appeal and to supplement appellant's brief is denied.
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 within thirty days (May 4, 2007). Final extension.
CACR07-75. Joe Francis Rounsaville v. State of Arkansas, from Pulaski Circuit, Fifth Division. Resubmission after remand of motion of Craig Lambert and Richard Hughes for substitution of counsel is granted.
CACR07-244. Robert Washington v. State of Arkansas, from Saline Circuit. Motion to relieve Gina Reynolds and to substitute William O. "Bill" James, Jr. as counsel for appellant is granted. Griffen, J., would deny.
CA05-922. Christy Winfrey v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Third Division. Motion of Joseph C. Self, for attorney's fees is granted. Allowed $1,400.00.
CA06-520. A.D.S. v. State of Arkansas, from Washington Circuit. Motion of Harvey Harris for attorney's fee is granted. Allowed $1,000.00.
CA06-696. Jessica James et al. v. Arkansas Department of Human Services, from Crittenden Circuit. Motion of Mikke Connealy to withdraw as counsel for appellant is granted.
CA06-696. Jessica James v. Arkansas Department of Human Services, from Crittenden Circuit. Motion of Mikke Connealy for attorney's fees and costs is granted. Allowed $1,400.00 in fees and $262.62 in costs.
CA06-798. Maxine McIntosh v. Arkansas Department of Health and Human Services, from Union Circuit. Motion of David L. Chambers for attorney's fees is granted. Allowed$1,200.00.
CA06-911. International Paper Company v. Jeffery Hunter, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA06-947. Jill Fields v. Jeremy M. Ausburn, from Pulaski Circuit, Sixteenth Division. Appellee's motion to include supplemental abstract is granted.
CA06-978. Gail Parkerson v. Richard McMurtrey, from Garland Circuit. Appellee's motion to strike appellant's reply brief. Motion passed until case is submitted.
CA06-1079. Martha Darlene Jones v. John G. Vowell, DDS, PA, from Pulaski Circuit, Seventh Division. Appellant's motion to exclude Appellee Vowell from oral argument is denied. Marshall, J., not participating.
CA06-1128. Mandy Bolin v. Arkansas Department of Health and Human Services, from Sebastian Circuit, Fort Smith District. Motion of Linda C. Ward for attorney's fees and expenses is granted. Allowed $1,400.00 in fees and $246.30 in expenses.
CA06-1229. Elba Ganter v. Arkansas Department of Health and Human Services, from Union Circuit. Motion of David L. Chambers for attorney's fees is granted. Allowed $1,400.00.
CA06-1254. Dawn Harter v. Wonderview School District, from Conway Circuit. Appellant's motion for additional brief time is granted. Final extension.
CA06-1293. Andrea McLin v. Arkansas Department of Health and Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees and costs is granted. Allowed $900.00 in fees and $175.00 in expenses.
CA06-1301. Angelina Brown v. Arkansas Department of Health and Human Services, from Johnson Circuit. Appellee's motion to file belated brief is granted.
CA06-1322. Donna Briscoe White v. Bennie O'Neil, from Pulaski Circuit, Fourteenth Division. Appellant's motion for extension of brief time is granted. Brief due within thirty days (May 4, 2007). Final extension. Griffen, J., would deny.
CA06-1395. Craig Williams v. State of Arkansas, from Union Circuit. Appellant's second motion to supplement record; for review of trial court's orders and for extension of brief time. Motion to supplement the record is denied. Motion for review of trial court's order is denied without prejudice to arguing in appellant's brief. Motion for extension of brief time is granted. Brief due within twenty days (April 24, 2007). Griffen, J. would certify motion to Arkansas Supreme Court.
CA07-15. Michael A. Hayes v. Sandra L. Otto, from Pulaski Circuit, Fourteenth Division. Appellant's pro se motion to file enlarged brief is denied. Brief due within twenty days (April 24, 2007).
CA07-84. Jason Phillips v. Arkansas Department of Health and Human Services, from Sebastian Circuit, Fort Smith District. Appellee's motion to file belated brief is denied.
CA07-119. Patrick J. Booth et al. v. Riverside Marine Remanufacturers, Inc., from Pulaski Circuit, Sixth Division. Appellants' renewed motion for supersedeas is granted. Heffley, J., not participating.
CA07-135. James Logan Boyd et al. v. Noah L. Strucker et al., from Montgomery Circuit. Motion of J. Sky Tapp to be relieved as attorney for appellants is granted.
CA07-233. Vaccaro Lumber et al. v. Gayla Fesperman, from Lee Circuit. Appellant's motion to supplement the record is granted. Marshall, J., not participating.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA06-538. Cedar Chemical Company et al. v. Jimmy T. Knight, from Workers' Compensation Commission.
CA06-569. Dorothy Collins Thompson v. St. Vincent Doctors et al., from Pulaski Circuit, Seventh Division.
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CACR06-793. Eric Brown v. State of Arkansas, from Jefferson Circuit. Motion of Tim Cullen for attorney's fees.
CACR06-811. L. C. Clemons v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.
CACR06-1216. Kenneth Munn v. State of Arkansas, from Howard Circuit. Appellant's motion to file belated brief.
CACR07-141. Sheila M. Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant’s petition for writ of certiorari to complete the record and to stay briefing schedule.
CACR07-223. Kedrick Darrough v. State of Arkansas, from Drew Circuit. Appellant’s pro se motion for stay of appeal.
CACR07-292. Layne Eugene Carver v. State of Arkansas, from Lonoke Circuit. Motion of John Wesley Hall to be relieved as counsel for appellant and for substitution of counsel.
CA06-274. Benton County Water District #1 v. Benton/Washington Regional Public Water Authority, from Benton Circuit. Appellant's motion for taxation of costs.
CA06-495. Malinda Miller v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of J. Patrick McCarty for attorney's fees.
CA06-610. Francisco Loredo v. Arkansas Department of Human Services, from Benton Circuit. Motion of Leah Lanford for attorney's fees and expenses.
CA06-1142. Tammatha L. England, now Davis v. Jerry L. England, Jr., from Sebastian Circuit, Fort Smith District. Resubmission of appellee’s motion to dismiss appeal.
CA06-1324. MBNA America Bank, N.A. v. Jack G. Gilbert, from Crawford Circuit. Appellee's motion for additional brief time.
CA07-27. James E. Horvath v. Carole Hoffman, District Court Clerk, from Pulaski Circuit, First Division. Appellant's pro se motion for extension of brief time.
CA07-114. Tonya Williams v. Barry Needham et al., from Crawford Circuit. Motion of Intervenor, Johnson Controls, Inc., for clarification of briefing schedule.
SUBMISSIONS
CA06-1052. Betsy R. Danner v. Discover Bank, from Clark Circuit. Argued orally.
CACR06-799. Anthony Dejuan White v. State of Arkansas, from Grant Circuit.
CACR06-860. Lee Rhoden v. State of Arkansas, from Saline Circuit.
CACR06-925. James Malcom Jones v. State of Arkansas, from Crawford Circuit.
CACR06-930. Tony Dewayne Hughes v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR06-934. Thomas H. Davis v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR06-981. Brandon Shaw v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR06-999. Billy Ray Scott v. State of Arkansas, from Yell Circuit, Southern District.
CACR06-1150. Daniel Jamual Smith v. State of Arkansas, from Miller Circuit.
CA06-473. Donald Tyler v. Arkansas Department of Human Services, from Fulton Circuit.
CA06-643. Luelle Gill v. Lucius Sykes et al., from Jefferson Circuit.
CA06-733. Odell Pollard v. Roy Newman, from White Circuit.
CA06-746. Bob's Bail Bonds, Inc. et al. v. State of Arkansas, from Conway Circuit.
CA06-753. Merlyn Bryan Page v. Patricia Ann Page, from Polk Circuit.
CA06-769. Dairy Farmers of America, Inc. et al. v. Lonnie Coker, from Workers' Compensation Commission.
CA06-823. Teresa Allen v. Chad P. Allen, from Lonoke Circuit.
CA06-836. Dennis Collins v. Arkansas Department of Human Services, from Nevada Circuit.
CA06-865. Beth Marie Riddle et al. v. Richard J. Udouj et al., from Sebastian Circuit, Fort Smith District.
CA06-940. Baxter County Regional Hospital v. Arlene Denise Dixon, from Workers' Compensation Commission.
CA06-971. Carl Eugene Montgomery v. Linda Sue Montgomery, from Crawford Circuit.
CA06-1003. Erica Williams v. Arkansas Department of Human Services, from Workers' Compensation Commission.
CA06-1024. Michael E. Brown v. Winfield Cabinets Shop, from Workers' Compensation Commission.
CA06-1050. Donald Winningham et al. v. James L. Roberts et al., from Washington Circuit.
CA06-1142. Tammatha England Davis v. Jerry L. England, Jr., from Sebastian Circuit, Fort Smith District.
The following cases are appeals from the Arkansas Board of Review.
E06-309. Travis J. Bullard v. Director et al.
E06-310. William G. Mullins v. Director et al.
E06-311. Lynn M. Jordan v. Director et al.
E06-312. Jon M. Higginbotham v. Director et al.
E06-313. Jerry Millbrooks v. Director et al.
E06-314. Kay M. Crippen v. Director et al.
E06-315. Evelyn R. Reevey v. Director et al.
E06-317. William P. Bradburn v. Director et al.
E06-318. Sarah E. Harris v. Director et al.
E06-319. Sharon A. Hatfield v. Director et al.
E06-320. Scottie L. Wilson v. Director et al.
E06-321. Holly D. Rhodes v. Director et al.