Opinions delivered
April 17, 2008
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JIM HANNAH, CHIEF JUSTICE:
07-830. Aviation Cadet Museum, Inc. v. Tom Hammer and Sue Hammer, from Carroll Circuit. Affirmed. PUBLISHED [PDF]
TOM GLAZE, JUSTICE:
07-409. Gary Kent Jones v. Linda K. Flowers and Mark Wilcox, Commissioner of State Lands, from Pulaski Circuit, Sixth Division. Reversed and Remanded. Brown and Danielson, JJ., concur in part, dissent in part. PUBLISHED [PDF]
07-896. Dennis Bailey; Garland County Cash Advance, Inc.; Beebe Fast Cash, Inc.; Bryant Fast Cash, Inc.; Corning Fast Cash, Inc.; Harrison Fast Cash, Inc.; Little Rock Fast Cash, Inc.; Mountain Home Fast Cash, Inc.; Searcy Fast Cash, Inc.; Sheridan Fast Cash, Inc.; Walnut Ridge Fast Cash, Inc.; Bailey’s Fast Cash, Inc.; Fast Cash Check Cashers, Inc.; and Central Arkansas Check Cashing, Inc. v. Arkansas State Board of Collection Agencies, from Pulaski Circuit, First Division. Affirmed. PUBLISHED [PDF]
ROBERT L. BROWN, JUSTICE:
07-606. Ingersoll-Rand Company, a New Jersey Corporation, DR Holding Corporation, and Glen Whitworth v. El Dorado Chemical Company, and Oklahoma Corporation, from Union Circuit. Affirmed. Imber, J., not participating. PUBLISHED [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
07-918. David Sykes v. Jack Williams, First Coast Intermodal Services, Inc., and Baxter Healthcare Corp., from Craighead Circuit. Affirmed. PUBLISHED [PDF]
07-977. National Home Centers, Inc. v. Stephen Coleman; Coleman Homes, LLC; Newoods, Inc., d/b/a ABC Block Company; Regions Bank; Cain Construction, Inc., from Pulaski Circuit, Second Division. Affirmed. PUBLISHED [PDF]
PAUL E. DANIELSON, JUSTICE:
07-561. Carlos A. Solis v. State of Arkansas, from Benton Circuit. Affirmed. PUBLISHED [PDF]
PER CURIAM OPINION:
CR07-645. Joe Newton v. State of Arkansas, from Ashley Circuit. Affirmed. UNPUBLISHED [PDF]
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
07-471. K.C. Properties of N.W. Arkansas, Inc. et al. v. Lowell Investment Partners, LLC et al., from Washington Circuit. Brown and Imber, JJ., not participating.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
08-17. Anthony Hunter et ux. v. Timothy M. Haunert, from Independence Circuit. Glaze, J., would grant.
08-26. Sterne, Agee & Leach, Inc. v. Kenneth Way et al., from Lonoke Circuit.
08-347. Penny Harrison v. Arkansas Department of Human Services, from Madison Circuit.
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CR07-1155. Steven Victor Wertz v. State of Arkansas, from Sharp Circuit. Motion to file belated brief is granted. See per curiam this date. Hannah, C.J., Glaze, J., and Corbin, J., concur in part and dissent in part. PUBLISHED [PDF]
07-409. Gary Kent Jones v. Mark Wilcox, Commissioner of State Lands, from Pulaski Circuit, Sixth Division. Appellant’s motion to strike. Moot.
CR07-683. Ross Lamar Burnett, Sr. v. State of Arkansas, from Drew Circuit. Motion to be relieved as attorney of record is granted. See per curiam this date. PUBLISHED [PDF]
CR07-1287. James E. Horvath v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal for want of jurisdiction is granted.
CR08-224. Harvey Bond, Jr. v. State of Arkansas, from Miller Circuit. Motion for rule on clerk is granted. See per curiam this date. PUBLISHED [PDF]
07-1222. Vaccaro Lumber et al. v. Gayla Fesperman, from Lee Circuit. Arkansas Trial Lawyers Association request to join appellee's petition for review is denied.
07-1239. John Reeve et al. v. Carroll County, Arkansas et al., from Carroll Circuit, Eastern District. Motion to strike brief of appellees filed in violation of Rule 11 of the Rules of Appellate Procedure-Civil and for extension of reply brief deadline for appellants and Rule 11 respondent. Passed until case is submitted.
08-15. Beverly Enterprises - Arkansas, Inc. et al. v. Annette Thomas, from Independence Circuit. Renewed joint motion to stay appeal. Granted to May 10, 2008; final stay.
08-347. Penny Harrison v. Arkansas Department of Human Services, from Madison Circuit. Motion for permission to file belated response to pro se petition for review. Moot.
08-439. Bryan Dwight Olmstead v. Honorable Tim Weaver, Circuit Judge, from Cleburne Circuit. Petition for writ of certiorari and emergency request for stay of jury trial. Petition denied without prejudice. Glaze, J., and Imber, J., not participating. (Proceedings of April 10, 2008)
08-71. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Horace Alvin Walker, Arkansas Bar No. 82169, an Original Action. Motion for appointment of special judge. Motion granted. See per curiam issued. (Proceedings of April 14, 2008) PUBLISHED [PDF]
08-73. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Oscar Stilley, Arkansas Bar No. 91096, an Original Action. Motion for appointment of special judge. Motion granted. See per curiam issued. (Proceedings of April 14, 2008) PUBLISHED [PDF]
CR07-259. Henry Simon Vidal v. State of Arkansas, from Crawford Circuit. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. UNPUBLISHED [PDF]
CR07-628. Marcus D. Young v. State of Arkansas, from Drew Circuit. Appellee’s motion to dismiss appeal. Motion granted; appeal dismissed. See per curiam this date. PUBLISHED [PDF]
CR07-1300. Charles Stine v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee’s motion to dismiss appeal. Motion granted. See per curiam this date. UNPUBLISHED [PDF]
CR08-290. Derick Shelton a/k/a Derrick Shelton v. Honorable Berlin C. Jones, Circuit Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. UNPUBLISHED [PDF]
08-142. Carl Lee Linell, Sr. v. Larry Norris, from Jefferson Circuit. Pro se motions to correct record and for duplication of brief at public expense. Motions denied. See per curiam this date. UNPUBLISHED [PDF]
In Re: Arkansas District Court Rules; Rules of Civil Procedure; Rules of Evidence; Rules of the Supreme Court and Court of Appeals; and Rules of Appellate Procedure-Civil. See per curiam this date. PUBLISHED [PDF]
In Re: Appointment to Professional Practicum Committee. See per curiam this date. PUBLISHED [PDF]
By Per Curiam Order of July 1, 2004, this Court appointed 5 members to serve on the Professional Practicum Committee. In accord with the dictates of that Per Curiam Order, Murray Claycomb of Warren received an initial term of 2 years. That term concluded on July 1, 2006. Mr. Claycomb has graciously continued to serve consonant with the provision of the Professional Practicum Rule which provides “members shall continue to serve beyond their designated term until such time as their successor is qualified and appointed by the Court”. Mr. Claycomb has expressed a willingness to continue his excellent service on the committee.
The Court reappoints Mr. Claycomb as the representative from the 4th Congressional District for an additional term to conclude on July 1, 2012. This period of time represents an additional 6 year term, as provided in our Per Curiam Order of July 1, 2004, with a beginning date effective retroactively to July 1, 2006.
The Court expresses deep gratitude for the willingness of Mr. Claycomb to continue his participation in the important activities of this Committee.
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
08-23. J. Michael Enterprises, Inc. v. Robert Oliver, from Benton Circuit.
08-46. Jeremy Waldrip v. Graco Corporation, from Workers' Compensation Commission.
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CR07-1016. Stanley Dewayne Jackson v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion for waiver of page limit.
CR07-1016. Stanley Dewayne Jackson v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion to reinvest the circuit court with jurisdiction in order to consider petition for writ of error coram nobis.
CR07-1266. David E. Williams v. State of Arkansas, from Bradley Circuit. Appellee's motion to seal portions of the record and portions of appellant's brief.
CR08-148. Kevin Lynn Davis, Jr. v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement record and to stay brief time.
04-1395. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Motion to set briefing schedule.
07-1075. Warren Wallring et al. v. Stephen J. Jackson, from Lonoke Circuit. Motion to file belated brief.
08-416. Theresa Caldwell v. David Hamilton et al., from Lonoke Circuit. Appellant's motion to substitute certified copy for original record.
08-423. Leah Rachelle Mahoney v. Honorable Richard N. Moore, Jr., Circuit Judge, from Pulaski Circuit, Fifteenth Division. Appellant's motion to proceed in forma pauperis.
08-448. In Re: Vance Benton Rollins, Arkansas Bar No. 75108, an Original Action. Petition for surrender of license.
SUBMISSIONS
07-724. Thomas K. Felton et al. v. Rebsamen Medical Center, Inc. et al., from Pulaski Circuit, Fifth Division. Argued orally.
CR07-1024. John H. Boldin v. State of Arkansas, from Logan Circuit, Northern District.
07-934. Diana McSparrin v. Direct Insurance Company, from Washington Circuit.
07-940. ChartOne, Inc. v. Roosevelt Raglon, from Jefferson Circuit.
07-990. Richard H. Young v. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct, an Original Action.
07-997. James Hendrix, Jr. et ux. v. Matt Black et al., from Montgomery Circuit.