ARKANSAS COURT OF APPEALS

Opinions delivered
April 9, 2008


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

E07-67. Stephanie A. St. Clair v. Director, Department of Workforce Services, from the Arkansas Board of Review. Affirmed. Bird and Griffen, JJ., agree. UNPUBLISHED [PDF]

JOSEPHINE LINKER HART, JUDGE:

CACR07-311. Jerry L. Pearson v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Robbins and Miller, JJ., agree. UNPUBLISHED [PDF]

CA07-767. Ronald Beggs v. Elizabeth Beggs, from Pulaski Circuit, Twelfth Division. Affirmed. Baker and Miller, JJ., agree. UNPUBLISHED [PDF]

ROBERT J. GLADWIN, JUDGE:

CACR07-682. John W. Wilson v. State of Arkansas, from Hempstead Circuit. Affirmed. Glover and Vaught, JJ., agree. UNPUBLISHED [PDF]

CACR07-849. Alvin Travis McCullough v. State of Arkansas, from Washington Circuit. Affirmed. Glover and Vaught, JJ., agree. UNPUBLISHED [PDF]

CA07-163. State of Arkansas v. Adam Hammame, Susan Hammame and One 1996 Toyota Camry, Vin 4T1BG12KOTU949386, from Carroll Circuit, Eastern District. Reversed and Remanded. Glover and Vaught, JJ., agree. PUBLISHED [PDF]

CA07-203. Carra Taylor v. James Eugene Woods, et al., from Crittenden Circuit. Affirmed. Bird and Vaught, JJ., agree. PUBLISHED [PDF]

CA07-577. Sharon Morgan v. Terry Garrison, from Craighead Circuit, Western District. Affirmed. Glover and Vaught, JJ., agree. UNPUBLISHED [PDF]

JOHN B. ROBBINS, JUDGE:

CACR07-885. James Renny Efird v. State of Arkansas, from Jackson Circuit. Reversed and Remanded. Hart and Miller, JJ., agree. PUBLISHED [PDF]

DAVID M. GLOVER, JUDGE:

CACR07-1147. Lashauna A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Gladwin and Vaught, JJ., agree. UNPUBLISHED [PDF]

CA07-165. State of Arkansas v. Johnny Neal and $10,324.36, from Carroll Circuit, Eastern District. Reversed and Remanded. Gladwin and Vaught, JJ., agree. UNPUBLISHED [PDF]

CA07-806. Deborah Grassi and Dave Stokes v. Vernon E. Isabel and Linda Gail Isabel, from Benton Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Gladwin and Vaught, JJ., agree. UNPUBLISHED [PDF]

D.P. MARSHALL JR., JUDGE:

CACR07-980. Curtis Brown v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Heffley and Baker, JJ., agree. UNPUBLISHED [PDF]

CA07-992. RWR Properties, Inc. v. Mid-State Trust VIII, from Jefferson Circuit. Affirmed. Heffley and Baker, JJ., agree. PUBLISHED [PDF]

LARRY D. VAUGHT, JUDGE:

CACR07-1149. Steven Leroy Reeves v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Rebriefing Ordered. Gladwin and Glover, JJ., agree. UNPUBLISHED [PDF]

CA07-939. Marcos Amaya v. Newberry’s 3N Mill and AIG Claim Services, from the Arkansas Workers’ Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Pittman, C.J., and Glover, Baker, and Miller, JJ., agree. Griffen, J., dissents. PUBLISHED [PDF]

SARAH J. HEFFLEY, JUDGE:

CA07-663. Jeffrey Vorster v. Charles Maxwell Post, Personal Representative of the Estate of Mary Elizabeth Post, Deceased, from Pulaski Circuit, Third Division. Affirmed. Marshall and Baker, JJ., agree. UNPUBLISHED [PDF]

CA07-868. Frank Richardson v. Tyson, Inc., from the Arkansas Workers’ Compensation Commission. Affirmed. Marshall and Baker, JJ., agree. UNPUBLISHED [PDF]

CA07-1207. Natosha Clifton v. Arkansas Department of Human Services, from Lawrence Circuit. Affirmed. Marshall and Baker, JJ., agree. UNPUBLISHED [PDF]

KAREN R. BAKER, JUDGE:

CA07-587. Heather Lynne Harrison v. Robert Brooks Harrison, from Crittenden Circuit. Reversed and Remanded. Hart, Griffen, Heffley, and Miller, JJ., agree. Pittman, C.J., Gladwin, Glover, and Vaught, JJ., dissent. PUBLISHED [PDF]

CA07-1102. Eric Stiles v. Long Ago Antiques and One Beacon Insurance, from the Arkansas Workers’ Compensation Commission. Rebriefing Ordered. Robbins and Heffley, JJ., agree. UNPUBLISHED [PDF]

CA07-1257. Leslie Young and William Young v. Arkansas Department of Health and Human Services, from Sharp Circuit. Affirmed. Marshall and Heffley, JJ., agree. UNPUBLISHED [PDF]

PER CURIAM OPINION:

CA07-1050. John A. Dumas, Gaynelle Hammacker, Jeff Dumas, and Joe Dumas v. Ruby Christine Dumas, from Union Circuit. Dismissed. UNPUBLISHED [PDF]

 

PER CURIAM ORDERS

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

CACR07-764. Justin Bryan Vansickle v. State of Arkansas, from Cleveland Circuit.

CA07-239. John Edward Grubbs v. Frederick A. Hindes and Pamela M. Cornwell-Hindes, from Sebastian Circuit, Fort Smith District. Hart and Bird, JJ., would grant.

CA07-808. Michael Bibbs et al. v. Community Bank of Benton, from Lonoke Circuit.

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CACR07-517. Gary Leonard Lomax v. State of Arkansas, from Garland Circuit. Motion of Timothy Beckham for attorney's fees is denied. See Ark. Sup. Ct. R. 6-6 (c).

CACR07-801. LaShonna Williams v. State of Arkansas, from Union Circuit. Appellant's motion to supplement the record is granted. Supplemental record due within ten days. Appellant allowed twenty days thereafter to file substituted abstract, brief and addendum. Appellee allowed twenty days thereafter to file substituted brief. Glover, J., not participating.

CACR07-1282. James E. Horvath v. State of Arkansas, from Pope Circuit. Appellant's motion to remand to settle the record is granted. Remanded to trial court to settle the record within thirty days. Brief due within thirty days thereafter.

CACR08-234. Martin Hinojosa v. State of Arkansas, from Pope Circuit. Motion of Mark J. Mobley to withdraw as counsel and for extension of brief time is denied. Mr. Mark J. Mobley is appointed as counsel for appellant. Brief due within thirty days.

CACR08-234. Martin Hinojosa v. State of Arkansas, from Pope Circuit. Appellant's motion to proceed in forma pauperis is granted.

CACR08-278. Julian Rueda v. State of Arkansas, from Benton Circuit. Joint motion to relieve Bruce Bennett and to substitute Victoria K. Morris and Lisa Gaddy as attorneys for appellant is granted.

CA07-515. Patricia Rascoe Roark v. Office of Child Support Enforcement and Anthony D. Rascoe, from Faulkner Circuit. Appellant's motion to substitute Brad Sipe as counsel for appellant and for permission to file a petition for rehearing is denied. See Ark. Sup. Ct. R. 2-3 (k).

CA07-767. Ronald Beggs v. Elizabeth M. Beggs, from Pulaski Circuit, Twelfth Division. Appellee's motion for fees and costs associated with supplemental abstract and addendum is denied. Marshall, J., not participating.

CA07-1006. DiamlerChrysler Corporation v. Gaylord Smelser, from Columbia Circuit. Appellant's motion for oral argument is granted. Griffen, J., would deny. Marshall, J., not participating.

CA07-1264. Bob Cole Bail Bonds, Inc. v. First Arkansas Bail Bonds, Inc. et al., from Sebastian Circuit, Fort Smith District. First Arkansas Bail Bond’s motions to supplement the record and to stay brief time. Motions to supplement are moot. Brief due within fifteen days.

CA08-128. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of Appellee Southwestern Electric Power Company to dismiss appeal is denied.

CA08-128. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellee's motion to strike amended notice of appeal and/or motion to dismiss appeal of certain parties is denied.

CA08-212. Robert S. Young v. Helen V. Young et al., from Washington Circuit. Appellees' motion to dismiss appeal is denied.

CA08-212. Robert S. Young v. Helen V. Young et al., from Washington Circuit. Appellant's motion for time to correct brief is granted.

CA08-268. Lyla Benedict v. Arkansas Department of Health and Human Services, from Washington Circuit. Appellant's motion to supplement the record is granted.

CA08-384. Virginia A. Elder and Edward W. Elder v. Mark Ford and Associates, from Sebastian Circuit, Fort Smith District. Appellant's motion to proceed in forma pauperis is denied without prejudice.

 

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR07-674. James Long v. State of Arkansas, from Saline Circuit.

CA07-852. Cindy Luu v. Dr. Eugene F. Still, II, from Sebastian Circuit, Fort Smith District.

CA07-892. Patricia England and Jack England v. John D. Alston, M.D.,a/k/a Jack D.
Alston, M.D. and Northwest Arkansas Surgical Clinic, P.A., from Benton Circuit.

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CACR07-647. David Lee Daniels v. State of Arkansas, from Washington Circuit. Motion of Brad L. Karren for attorney's fees.

CACR07-956. Johnny Evans v. State of Arkansas, from Union Circuit. Appellant's motion for extension of brief time.

CACR08-339. Glen Ricky Bland v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for transcripts at public expense.

CA07-970. Cassie Petersen v. Marc Petersen et al., from Scott Circuit. Appellant's motion to supplement abstract or addendum.

CA08-389. Ruth Ann Couch, Administratrix v. Farmers Insurance Company, Inc. et al., from Boone Circuit. Appellant's motion for waiver of transcript requirement.

 

SUBMISSIONS

CACR07-1061. Timothy O'Guinn v. State of Arkansas, from Jefferson Circuit.

CACR07-1083. Diana Moore v. State of Arkansas, from Independence Circuit.

CACR07-1130. Scotty Joe Shipman v. State of Arkansas, from Saline Circuit.

CACR07-1244. Larry Donnell Reed v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA07-590. Edward Warren v. Johnny Warren, from Pulaski Circuit, Seventh Division.

CA07-861. Janice Keene v. Arkansas Department of Health, from Workers' Compensation Commission.

CA07-878. Gaither Appliance Heating & Air v. Ricky Stewart, from Workers' Compensation Commission.

CA07-902. Tomasina Rose v. Sparks Medical Foundation, from Sebastian Circuit, Fort Smith District.

CA07-970. Cassie Peterson v. Marc Peterson, from Scott Circuit.

CA07-998. Janice Mayo v. The Estate of Scipio Wofford, Deceased, from Arkansas Circuit, Northern District.

CA07-1015. Jerry M. Wainwright v. Chandra Renee Fields, from Union Circuit.

CA07-1043. Christopher Scott McMillan v. Britney Lane Hornaday McMillan, from Dallas Circuit.

CA07-1109. Ronald Eugene Henry v. Citibank, N.A., from Pulaski Circuit, Thirteenth Division.

CA07-1138. James A. Nash v. Landmark Storage, LLC, from Pulaski Circuit, Sixteenth Division.

CA07-1245. Terry Wagner v. Arkansas Department of Human Services, from Greene Circuit.

 

The following cases are appeals from the Arkansas Board of Review.

E07-159. Connie P. Swain v. Director et al.

E07-257. Bobbi J. Miller v. Director et al.

E07-258. Charles E. Rose, Sr. v. Director et al.

E07-259. Kevin Beanum v. Director et al.

E07-260. Arkansas Trucking Service, d/b/a Continental Express v. Director et al.

E07-261. Curtis W. Cowart v. Director et al.

E07-263. Frank C. Rodriguez v. Director et al.

E07-264. Freddie Barnes, Jr. v. Director et al.

E07-265. Shinn Enterprises, Inc. v. Director et al.

E07-266. Charles L. Graham v. Director et al.

E07-267. Douglas Whipkey v. Director et al.

E07-273. Crystal A. McCarty v. Director et al.