ARKANSAS COURT OF APPEALS

Opinions delivered
June 18, 2008


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR07-1236. Trampus Gene Baggs v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Gladwin and Baker, JJ., agree. UNPUBLISHED [PDF]

JOSEPHINE LINKER HART, JUDGE:

CACR07-1285. James McNichols v. State of Arkansas, from Lonoke Circuit. Affirmed. Heffley and Baker, JJ., agree. UNPUBLISHED [PDF]

CA07-1193. Vickie Adams v. Steven M. Haney and Raymond Haney, from Craighead Circuit, Western District. Reversed and Remanded. Heffley and Baker, JJ., agree. UNPUBLISHED [PDF]

ROBERT J. GLADWIN, JUDGE:

CA07-995. In the Matter of A.R., a Minor, and Randy L. Roberts v. Reid Alan Brown and Allison Roberts Brown, from Perry Circuit. Affirmed. Marshall, J., agrees. Hart, J., concurs. PUBLISHED [PDF]

JOHN B. ROBBINS, JUDGE:

CACR08-9. Brandon J. Johnson v. State of Arkansas, from Washington Circuit. Affirmed. Griffen and Vaught, JJ., agree. UNPUBLISHED [PDF]

CA08-3. Jerry Plumley v. William Plumley, from Polk Circuit. Affirmed. Vaught, J., agrees. Griffen, J., concurs. UNPUBLISHED [PDF]

CA08-83. Pharmerica and SRS v. Marlene Seratt, from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Pittman, C.J., and Baker, J., agree. PUBLISHED [PDF]

SAM BIRD, JUDGE:

CACR08-53. Ronald Fountain v. State of Arkansas, from Saline Circuit. Affirmed. Glover and Marshall, JJ., agree. PUBLISHED [PDF]

WENDELL GRIFFEN, JUDGE:

CACR08-56. Jamie M. Edwards v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed as Modified. Robbins and Vaught, JJ., agree. UNPUBLISHED [PDF]

CACR08-138. Curtistine Handy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Glover and Heffley, JJ., agree. UNPUBLISHED [PDF]

CA08-20. Connie Combs-Smith v. Chlmanse Hopkins and Dart Container Corporation of Mississippi, LLC, d/b/a Dart Container Corporation, from Pulaski Circuit, Third Division. Affirmed. Robbins and Vaught, JJ., agree. UNPUBLISHED [PDF]

DAVID M. GLOVER, JUDGE:

CACR08-37. Taimak Antwan Gaston v. State of Arkansas, from Ouachita Circuit. Affirmed. Griffen and Heffley, JJ., agree. UNPUBLISHED [PDF]

CACR08-151. Shequita L. Joiner v. State of Arkansas, from Columbia Circuit. Affirmed. Bird and Marshall, JJ., agree. UNPUBLISHED [PDF]

CA07-1197. David Beliew v. Lennox Industries and Ace American Insurance, from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Griffen and Heffley, JJ., agree. UNPUBLISHED [PDF]

D.P. MARSHALL JR., JUDGE:

CA07-419. Kelly Sullivent (Whitmer) v. Jeromy Sullivent, from Calhoun Circuit. Affirmed. Heffley and Baker, JJ., agree. UNPUBLISHED [PDF]

CA08-91. Crystal Vandiver and Ray Vandiver v. Arkansas Department of Human Services, from Greene Circuit. Affirmed. Bird and Glover, JJ., agree. UNPUBLISHED [PDF]

CA08-137. Gordon Hite v. J & J Trucking, Tyson Foods, and Second Injury Fund, from the Arkansas Workers’ Compensation Commission. Affirmed. Bird and Glover, JJ., agree. UNPUBLISHED [PDF]

LARRY D. VAUGHT, JUDGE:

CACR08-81. Billy J. Collins v. State of Arkansas, from Lonoke Circuit. Affirmed. Robbins and Griffen, JJ., agree. UNPUBLISHED [PDF]

CA07-850. Barbara Jenkins v. Timothy Wayne Jenkins, from Pulaski Circuit, Sixteenth Division. Reversed and Remanded. Robbins and Griffen, JJ., agree. PUBLISHED [PDF]

SARAH J. HEFFLEY, JUDGE:

CA08-31. Michael David Luten v. Xpress Boats & Backtrack Trailers and Wausau Underwriters, from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Hart and Baker, JJ., agree. PUBLISHED [PDF]

E07-227. Ginger McDonald v. Director of the Department of Workforce Services and Darlos A. Adams, from the Arkansas Board of Review. Affirmed. Hart and Baker, JJ., agree. UNPUBLISHED [PDF]

PER CURIAM OPINION:

CA07-1011. Richard Scroggin et al. v. Beatrice Scroggin et al., from Conway Circuit. Rebriefing Ordered. 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).

E08-38. Robyn B. Croney v. Director et al.

E08-39. William J. Potter, Jr. v. Director et al.

E08-40. Amir Honarmand v. Director et al.

E08-41. Montre L. Franklin v. Director et al.

E08-42. Brenda Bradley v. Director et al.

E08-43. Ralph W. Slater v. Director et al.

E08-44. Tony H. Tatum v. Director et al.

E08-45. Shane W. Stacks v. Director et al.

E08-46. Velma G. Jefferson v. Director et al.

E08-49. Curtis R. Rogers v. Director et al.

E08-51. Alvin Stuckey v. Director et al.

 

PER CURIAM ORDERS

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

CA07-880. Patrick J. Powers v. Kathryn A. Powers, from Washington Circuit.

CA07-882. Patrick J. Powers v. Connie Williams, Jim Rollings and Springdale School District, from Washington Circuit.

CA07-1012. Almatis Holdings, Inc. and AIG Claims Services v. John Vaughan, from Workers' Compensation Commission.

CA07-1092. Georgia-Pacific Corporation and Sedgwick CMS, Inc. v. Huey P. Bradshaw, from Workers' Compensation Commission.

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CACR07-894. David Woody v. State of Arkansas, from Pope Circuit. Motion of Coy J. Rush, Jr. to withdraw as counsel for appellant is granted.

CACR07-1316. Jackie Fuller v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to file belated brief is granted. Brief due within thirty days. Final extension.

CACR08-59. Steven Richards v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time is granted. Final extension.

CACR08-74. Kenneth Lemaster v. State of Arkansas, from Lonoke Circuit. Appellee's motion to provide counsel with sealed material is granted.

CACR08-339. Glen Ricky Bland v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for discovery of evidence on appeal is denied.

CACR08-518. Willie Holliman v. State of Arkansas, from Clark Circuit. Joint motion to appoint F. Parker Jones and relieve Winston C. Mathis as attorney for appellant is granted. Brief due within thirty days.

CACR08-608. Vance B. Rollins, Jr. v. State of Arkansas, from Perry Circuit. Motion of Erin Cassinelli Couch and Jack Lassiter to be substituted as counsel for appellant is granted conditioned upon appellant's reimbursement of the State’s expense for the cost of the transcript. See Ark. R. App. P. - Crim. 16(d).

CACR08-621. Eddie Lewis Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to substitute Don Trimble as counsel for appellant is granted.

CA07-729. Charles R. Barnes v. Greenhead Farming Co., Inc. et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted.

CA07-993. St. Edwards Mercy Medical Center et al. v. Tammy Tackett et al., from Workers' Compensation Commission. Motion of Appellee, Tammy Tackett, for an award of attorney's fees is granted.

CA07-1116. Leonard Terral v. Betty Terral, from Sebastian Circuit, Fort Smith District. Appellee's motion for attorney's fees and costs is denied.

CA07-1210. L. F. Brands Marketing, Inc. v. Dillards, Inc., from Pulaski Circuit, Twelfth Division. Appellant's motion for leave to file supplemental abstract is denied. Appellant granted leave to file a substituted abstract, brief, and addendum within thirty days. Appellee allowed thirty days thereafter to file a substituted brief, if it chooses to do so. Heffley, J., not participating.

CA07-1210. L. F. Brands Marketing, Inc. v. Dillards, Inc., from Pulaski Circuit, Twelfth Division. Appellee's motion to strike a portion of appellant's reply brief. Motion passed until case is submitted. Heffley, J., not participating.

CA07-1299. Dana Schossow et al. v. Arkansas Department of Human Services, from Garland Circuit. Motion of Leah Lanford for attorney's fees for appellant Dana Schossow is granted. Allowed $1,200.00 in fees and $327.67 in expenses.

CA07-1352. Robert Barber v. Earle Blackford, from Independence Circuit. Appellant's motion for substitution or joining of counsel to file a petition for rehearing is granted.

CA08-124. Monte R. Pike and Sandy Pike v. Janice Spradlin, Executrix of the Estate of Carrie Olga Boling, Deceased, from Benton Circuit. Appellee's motion to remand and to stay brief time. Appeal dismissed without prejudice. See Ark. R. Civ. P. 54(b).

CA08-354. Billy Ison and Audrey L. Earls v. Virgil W. Cummins and Ruby Paulette Cummins, from Faulkner Circuit. Appellants' joint motion for remand in view of settlement is granted.

E08-19. J. B. Hunt Transport, Inc. v. Director et al., from Board of Review. Appellant's motion to complete the record is granted. Certified copies due within thirty days.



MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR07-401. Deanna Bobo v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CA07-1352. Robert Barber v. Earle Blackford, from Independence Circuit.

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CACR07-929. Kelly Harrison Campbell v. State of Arkansas, from Lonoke Circuit. Motion of Mark F. Hampton to be relieved as counsel on behalf of separate appellant, Kelly Harrison Campbell on direct appeal.

CACR07-1108. Eric E. Fiore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Brett D. Watson to withdraw as counsel for appellant.

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

CACR08-528. Crystal Barnett v. State of Arkansas, from Drew Circuit. Appellant's motion to complete the record and to stay briefing schedule.

CACR08-530. Ian Hunter Doyle v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated brief and for extension of time.

CACR08-626. Clarence Jerome Hill v. State of Arkansas, from Jackson Circuit. Appellant's pro se motion for appointment of counsel.

CA06-137. Misty Rhine et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion of Glenn Hoggard for attorney's fees as to appellant Misty Rhine.

CA08-18. Jim Davis and Terry Davis v. William Badley et al., from Randolph Circuit. Appellee Badley's motion to supplement the record.

CA08-51. Christopher Wayne Roberts v. Robin YanYan Yang (formerly Roberts), from Pulaski Circuit, Seventeenth Division. Appellant’s motion for extension of brief time.

CA08-52. Christopher Wayne Roberts v. Robin YanYan Yang (formerly Roberts), from Pulaski Circuit, Seventeenth Division. Appellant's motion for extension of brief time.

CA08-110. Dana Hicks v. Antique Warehouse of Arkansas, Inc. et al., from Workers' Compensation Commission. Appellees' motion to file belated brief and for brief time.

CA08-136. Evender E. "Buddy" Jones v. Jeffery E. Currens et al., from Desha Circuit, Arkansas City District. Appellant's motion to file belated reply brief and for brief time.

CA08-206. James Kirk Watts v. Nelson Utility Construction et al., from Workers' Compensation Commission. Appellees' motion to file belated brief and for additional brief time.

CA08-227. Cliff Mason v. Quality Millwork, Inc. et al., from Workers' Compensation Commission. Appellees' motion to file belated brief and for brief time.

CA08-238. Gail Bates v. Morrison Management Specialists et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

CA08-302. April Cunningham v. Danny Wilkinson, from Boone Circuit. Appellant's motion to correct and substitute brief.

CA08-365. Dustin McDaniel, Attorney General et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of appellant, Dustin McDaniel, Attorney General, for release of confidential record.

CA08-662. Willis B. Smith, Jr. and Patty F. Smith v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of appellee, Arkansas Public Service Commission, for extension of time to file record.

CA08-662. Willis B. Smith, Jr. and Patty F. Smith v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of appellee, Arkansas Public Service Commission, to dismiss appeal.

CA08-662. Willis B. Smith, Jr. and Patty F. Smith v. Arkansas Public Service Commission, from Public Service Commission. Motion of appellee, Southwestern Electric Power Company, to dismiss notice of appeal and request for expedited ruling prior to filing of record.