Opinions delivered
August 19, 1998
Johnson v. State, CA CR 98-35 (Per Curiam), Appellant's Motion for Brief Time granted as final extension August 19, 1998.
Welch v. State, CA CR 98-895 (Per Curiam), Motion of Alvin Schay to be Substituted as Counsel for Appellant denied August 19, 1998.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA97-1047. Seiz Company, Caroline Campbell, and Roxanne Hamilton v. Tyler Seiz, from Garland Chancery. Rogers, J., would grant.
CA97-1193. Dave Bridger Jr. v. Don A. Rowbotham, from Johnson Circuit.
CA97-1251. Charles L. Todd, Sr. v. Ruth's Employment Service, from Workers' Compensation Commission.
CA97-1464. David Barnett v. Natural Gas Pipeline Company, from Workers' Compensation Commission.
CA97-1514. Jerome and Willie Mackey v. William and Retha Baggett, from Logan Chancery, Northern District.
CA97-1539. James Boyd v. Dana Corporation et al., from Workers' Compensation Commission.
CACR91-280. John Robert Martin v. State of Arkansas, from Benton Circuit. Appellant's motion to reinstate appeal. Granted.
CACR97-1205. Joseph Ramey v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees. Granted. Allowed $750.00.
CACR97-1336. John Kelley v. State of Arkansas, from Grant Circuit. Motion of J. Fred Hart Jr. for attorney's fees. Granted. Allowed $250.00.
CACR97-1382. Daryl Remley v. State of Arkansas, from Drew Circuit. Motion of Thomas D. Deen for attorney's fees. Granted. Allowed $750.00.
CACR97-1480. Lee Marre Johnson v. State of Arkansas, from Crittenden Circuit. Motion of William R. Berry for attorney's fees. Granted. Allowed $750.00. Arey and Griffen, JJ., would remand for additional documentation.
CACR97-1492. James A. Maxwell v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion for bond pending appeal. Denied.
CACR97-1492. James A. Maxwell v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se petition for writ of mandamus and bond. Petition treated as one seeking remand for a new trial and is denied.
CACR97-1492. James A. Maxwell v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion for appointment of counsel. Denied.
CACR97-1556. Barry Wallace v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to file a supplemental brief. Denied.
CACR97-1570. Anthony Tyrone Jones v. State of Arkansas, from Crittenden Circuit. Motion of William R. Berry for attorney's fees. Granted. Allowed $750.00. Arey and Griffen, JJ., would remand for additional documentation.
CACR98-35. Jewel Johnson v. State of Arkansas, from Pulaski Circuit. Appellant's motion for brief time. Granted as final extension. Neal, Griffen, and Crabtree, JJ., concur. See concurring opinion this date. (2 PAGES CONCURRING OPINION UNPUBLISHED)
CACR98-50. John B. Smith v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees. Granted. Allowed $250.00.
CACR98-81. Darren Gates v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees. Granted. Allowed $675.00.
CACR98-143. Daron Ray Barnett v. State of Arkansas, from Drew Circuit. Appellee's motion for brief time. Granted.
CACR98-176. Kevin Marks v. State of Arkansas, from Clark Circuit. Appellee's motion to dismiss appeal, and alternative motion to stay briefing schedule. Denied. Appellee's brief due within thirty days.
CACR98-183. Bienuenido Crespo v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion to file a belated brief. Denied.
CACR98-426. David McGrew v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to supplement the record and to stay brief time. Remanded to trial court to settle the record within thirty days.
CACR98-475. Max Todd Watts v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal and to stay brief time. Granted.
CACR98-495. Martha Watts v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to supplement the record and to stay brief time. Granted. Record deemed supplemented. Appellant's brief due within twenty days.
CACR98-540. Jimmy Lee Rogers v. State of Arkansas, from Montgomery Circuit. Appellee's motion to dismiss appeal. Denied.
CACR98-540. Jimmy Lee Rogers v. State of Arkansas, from Montgomery Circuit. Motion of Darrel Blount to file a motion for belated brief on behalf of appellant. Granted. Brief due within thirty days.
CACR98-578. Roger Dale Campbell v. State of Arkansas, from Boone Circuit. Appellant's pro se motion for transcript, motion for appeal bond, and motion for brief time. Denied.
CACR98-672. Louis Wray v. State of Arkansas, from Union Circuit. Appellee's motion to dismiss appeal and for brief time. Passed until case is submitted. Appellee's brief due within thirty days.
CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to proceed pro se. Denied.
CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for certiorari to complete the record. Denied.
CACR98-725. Billy Charles Hudson v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement the record and for brief time. Denied without prejudice.
CACR98-788. Tommy Ray Harris v. State of Arkansas, from Pope Circuit. Motion of Ed Webb to be substituted as counsel for appellant. Granted.
CACR98-841. William Clark Hefley v. State of Arkansas, from Boone Circuit. Appellant's application for appeal bond. Denied.
CACR98-841. William Clark Hefley v. State of Arkansas, from Boone Circuit. Appellant's motion to expedite hearing on motions. Moot.
CACR98-895. Darrell Gene Welch v. State of Arkansas, from Pike Circuit. Motion of Alvin Schay to be substituted as counsel for appellant. Denied. See per curiam this date. Robbins, C.J., Pittman, Stroud, and Roaf, JJ., would grant. (2 PAGES UNPUBLISHED)
CA97-429. Albert Curtis Hutchins v. Karen Ruth Hutchins (Oholendt), from Ouachita Chancery. Appellee's pro se motion to dismiss appeal. Appellant's motion for brief time. Motion to dismiss denied. Appellant's brief due within thirty days.
CA97-1131. David Hooker et al. v. John Deere Company et al., from St. Francis Chancery. Appellants' pro se motion for reconsideration of appellees' motion for attorney's fees. Denied.
CA97-1151. Dona Groves v. Ricky Tripp, from Pulaski Chancery. Appellant's motion to file a belated reply brief. Granted. Reply brief due by August 21, 1998.
CA97-1434. Jo Ann Hoffmann v. Billy W. Baker, from Benton Chancery. Appellant's pro se motion for brief time. Denied. Appeal dismissed. Arey and Crabtree, JJ., not participating.
CA97-1506. Charles Davis v. Rank Video, from Workers' Compensation Commission. Appellant's pro se motion for reconsideration of dismissal of appeal. Denied.
CA97-1530. Winston G. Chandler v. Kenneth Henry et ux., from Van Buren Chancery. Appellees' motion for attorney's fees and costs. Granted. Allowed $250.00. Arey, J., not participating.
CA98-36. Janice Verser v. Billy J.S. Verser, from Cleburne Chancery. Appellant's motion for brief time. Granted to September 1, 1998, as final extension. Griffen, Crabtree, and Meads, JJ., would deny. Dissent to follow.
CA98-139. Benjamin H. Jordan Sr. et al. v. Carrie Thomas, from Pulaski Circuit, Third Division. Appellant's pro se motion for brief time. Granted to September 17, 1998, as final extension. Neal, Griffen, Crabtree, and Meads, JJ., would deny.
CA98-139. Benjamin H. Jordan Sr. et al. v. Carrie Thomas, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal. Moot. Neal, Griffen, Crabtree, and Meads, JJ., would grant.
CA98-356. Henry Davis v. Virginia Hogan et al., from Lawrence Circuit. Appellant's motion to file an enlarged brief. Denied. Robbins, C.J., Pittman, Stroud, and Roaf, JJ., would grant.
CA98-409. Stacy Abram Jr. v. Cathy Moore, from Crittenden Chancery. Appellant's pro se motion for appointment of counsel. Denied.
CA98-443. Guy Moon, Jr. v. Moon Enterprises, Inc. et al., from Chicot Chancery. Appellees' motion to correct the record and tax costs. Granted in part. Denied in part as to costs without prejudice.
CA98-471. Mark D. Helms v. University of Missouri-Kansas City, from Pope Circuit. Appellee's motion to supplement the record and to stay brief time. Granted; record deemed supplemented. Appellee's brief due within thirty days.
CA98-498. Rebekah Priest Cyphers v. United Parcel Service, from Workers' Compensation Commission. Appellant's motion to file a belated brief. Granted.
CA98-517. AT&T Communications of the Southwest, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. The rural telephone companies' motion for an order designating them as appellee/cross-appellants for purposes of the briefing schedule. Granted. Rogers, Neal, Griffen, and Roaf, JJ., not participating.
CA98-522. Jerry Inman et al. v. Grady King, from Polk Circuit. Appellee's motion to file a belated brief. Granted.
CA98-549. Viper Boats, Inc. v. Charles R. Storie, from Baxter Circuit. Appellant's motion for additional time to supplement the record and to file an amended brief. Granted. Trial court to settle the record by August 28, 1998. Record to be filed within ten days thereafter. Appellant's brief to be filed within thirty days thereafter.
CA98-562. Karen Diane Jordan v. James Louis Chastain, from Monroe Chancery. Appellant's pro se motion to file a belated brief. Granted, subject to clerk's approval as to form of brief. Request to relax rule denied. Fruit v. Lockhart, 304 Ark. 457, 834 S.W.2d 930 (1991). Arey, J., not participating.
CA98-568. Jane B. Anderson et al. v. Albert E. Holliday et al., from St. Francis Chancery. Appellants' motion to supplement the record. Granted.
CA98-579. Antonio Collins v. State of Arkansas, from Cleveland Chancery. Appellee's motion to certify to the Supreme Court. Denied. Arey, Rogers, Stroud, Griffen, Meads, and Roaf, JJ., would grant.
CA98-712. Joe E. Looney, Jr., Executor of the Estate of Joe E. Looney, Sr., et al. v. Bill Looney, from Crittenden Chancery. Appellants' motion to supplement the record and to stay brief time. Granted. Record deemed supplemented. Appellant's brief due in thirty days. Roaf, J., would deny until certified and paginated.
CA98-712. Joe E. Looney, Jr., Executor of the Estate of Joe E. Looney, Sr., et al. v. Bill Looney, from Crittenden Chancery. Appellants' motion to argue additional point on appeal. Granted.
CA98-720. Michael Ingle v. Arkansas Department of Human Services, from Pulaski Circuit, Sixth Division. Appellant's motion to correct the record. Remanded to trial court to settle the record within thirty days.
CA98-771. Lenore Jackson v. Cynthia D. Ferguson, from Craighead Circuit, Western District. Appellant's motion for time to respond to motion to dismiss appeal and motion for brief time. Granted. Appellant to respond within twenty days to motion to dismiss appeal.
CA98-800. Garry Metcalf v. Texarkana School District, from Miller Circuit. Appellant's motion to consolidate CA98-803 with this appeal. Denied.
CA98-905. Laura Kay Daniel v. Stephen Daniel, from Benton Chancery. Appellant's motion to expedite appeal and motion to stay order. Motion to expedite appeal is granted. Motion to stay order is denied.
E98-172. Rebecca S. Lovell v. Director et al., from Board of Review. Motion for belated appeal. Denied.
E98-178. Todd D. Cooper v. Director et al., from Board of Review. Motion for belated appeal. Remanded to Board of Review for determination of mailing date.
E98-184. Mable Armstrong v. Director et al., from Board of Review. Motion for belated appeal. Granted.
The following case is dismissed for failure to file briefs.
CA98-367. Robert J. Hortman v. Marilee Moreland, from Garland Circuit.
CACR98-54. Roy Russell Montgomery v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees.
CACR98-491. Robert Lee Smith v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal.
CACR98-501. Timothy D. Casey v. State of Arkansas, from Pulaski Circuit. Appellant's motion to file a supplemental brief.
CACR98-635. Marcus Lewis v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal.
CA98-150. Ronald J. Hall v. Junction City School District, from Union Circuit. Appellee's motion to supplement the record and for brief time.
CA98-249. David R. Tilley et ux. v. Steven W. Smith et ux., from Pope Chancery. Appellees' motion to file a belated brief.
CA98-525. David V. Beliew v. Stuttgart Rice Mill et al., from Workers' Compensation Commission. Appellee's motion to file a belated brief.
CA98-881. Southwestern Bell Telephone Company et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellee's motion to dismiss appeal.
CA97-1286. Erma J. Henderson Executrix v. Kenneth R. Cross, from Arkansas Circuit, Northern District. Argued orally.
CA97-1512. Carol Moore v. Southern Farm Bureau Casualty Insurance Company, from Drew Circuit. Argued orally.
CACR97-1064. Diane Kemp v. State of Arkansas, from Saline Circuit.
CACR97-1279. Larry Nixon v. State of Arkansas, from Jefferson Circuit.
CACR97-1504. John Henry Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR97-1526. Eric Ayers v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR98-46. Danny Branch v. State of Arkansas, from Crittenden Circuit.
CACR98-54. Roy Russell Montgomery v. State of Arkansas, from Hot Spring Circuit.
CACR98-72. Daniel Lamont McDaniel v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR98-77. Ozzie E. Atkins v. State of Arkansas, from Crittenden Circuit.
CACR98-83. Martenus Mosley v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CA97-380. Michael Scott Campbell v. Bonnie Campbell, from Sebastian Chancery, Fort Smith District.
CA97-1266. William Luther Royal v. Mittie Lee Royal, from Little River Chancery.
CA97-1357. Bernice M. Hatfield v. First Baptist Church of Fort Smith, from Workers' Compensation Commission.
CA97-1387. Cooper Tire & Rubber Company v. Tony Sanders, from Workers' Compensation Commission.
CA97-1413. Jana Smith v. M.S. Harrison D.D.S., from Garland Circuit.
CA97-1422. John Steven Woodson v. Vicki R. Woodson Johnson, from Pulaski Chancery, Fifth Division.
CA97-1478. Sparks Regional Medical Center v. Donna Smith, from Crawford Circuit.
CA97-1491. Randy Reaves v. Cindy Lou Reaves, from Desha Chancery, Arkansas City District.
CA97-1525. Office of Child Support Enforcement v. Stephen Treat, from Searcy Chancery.
CA97-1537. Robert W. Brown v. Rebecca J. Brown, from Sebastian Chancery, Fort Smith District.
CA97-1559. Putnam Realty, Inc. v. Schueck Properties, from Pulaski Chancery, Fifth Division.
CA98-13. In the Matter of John Lee v. State of Arkansas, from Pulaski Probate, Ninth Division.
CA98-91. Phyllis Litzsey v. Area Agency on Aging, from Workers' Compensation Commission.