CA 05-328

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Case Number CA 05-328 filed at this court on 03/18/2005
Case Category: Law

Case Caption:
KATHLEEN PENNINO
V
BENNIE WALTHALL
MARYESE WALTHALL
DONALD WALTHALL
MARGIE WALTHALL
CLAYTON LAND AND TIMBER ENTERPRISES
WALTHALL BROTHERS INVESTMENT, INC.

Kathleen Pennino (ACTIVE) Appellant's counsel:
Robert David Lewis - LEAD

Bennie Walthall (ACTIVE) Appellee's counsel:
Ronald D. Kelsay - LEAD

Maryese Walthall (ACTIVE) Appellee's counsel:

Donald Walthall (ACTIVE) Appellee's counsel:

Margie Walthall (ACTIVE) Appellee's counsel:

Clayton Land and Timber Enterprises (ACTIVE) Appellee's counsel:

Walthall Brothers Investment, Inc. (ACTIVE) Appellee's counsel:

Trial Court: Ouachita
Ouachita Circuit
Trial Court Number: P-01-176
Trial Judge: Edward P. Jones

------- EVENT LISTING --------
06/21/2006 Letter Orders - Court of Appeals
Submitted to the court on - 06/14/06
Appellee's Attorney - Ronald D. Kelsay

06/08/2006 Motion for Taxation of Costs - Bennie Walthal
Submitted to the court on - 06/14/06
Action = MOOT on 06/21/06
Appellee's Attorney - Ronald D. Kelsay
Appellee's motion for taxation of costs. Moot.

06/01/2006 Mandate to Clerk

05/17/2006 Letter Orders - Court of Appeals
Submitted to the court on - 05/10/06
Appellant's Attorney - Robert David Lewis

05/10/2006 Response to Petition for Rehearing - Bennie W
Appellee's Attorney - Ronald D. Kelsay
(tendered) (late)

05/01/2006 Petition for Rehearing - Kathleen Pennino
Submitted to the court on - 05/10/06
Action = DENIED on 05/17/06
Appellant's Attorney - Robert David Lewis
Petition for Rehearing is denied.
(missing a page and certificate of merit)

05/01/2006 Petition for Review - 06-470 - Kathleen Pennino
Action = awaiting action
Appellant's Attorney - Robert David Lewis

04/12/2006 Brief Costs on Appeal = Aple $500.00 - Bennie
Appellee's Attorney - Ronald D. Kelsay

04/12/2006 Majority Opinion Rendered
ACTION = Affirmed
Opinion Date - 04/12/06 Consist of 0 pages,
Cite Number - Publish - no
Wendell Lee Griffen -- WRITING
Pittman, C.J., and Roaf, J., agree.

04/12/2006 Opinion Panel
Wendell Lee Griffen -- WRITING

03/22/2006 Case Submitted

03/22/2006 Court of Appeals Votesheet Issued

11/08/2005 Reply Brief Filed Kathleen Pennino
Appellant's Attorney - Robert David Lewis

11/08/2005 Checklist for Reply Briefs - Kathleen Pennino
Appellant's Attorney - Robert David Lewis
REPLY BRIEFS
1. TABLE OF CONTENTS
2. TABLE OF AUTHORITIES (IF ANY)
3. ARGUMENT - 15 PAGES

11/03/2005 Record Checkout by Atty. of Record - Kathleen P n
Appellant's Attorney - Robert David Lewis
Number of Volumes 4
Number of Sets 0
Exhibits were filed with the record
4 volumes and 3 accordian folders checked out.

10/28/2005 Letter from Circuit Court on Remanded Exhibit

10/24/2005 Brief Filed Timely - Bennie Walthall
Appellee's Attorney - Ronald D. Kelsay

10/24/2005 Checklist for Appellee Briefs - Bennie Waltha
Appellee's Attorney - Ronald D. Kelsay
APPELLEE BRIEFS
TABLE OF CONTENTS
POINTS ON APPEAL
TABLE OF AUTHORITIES
SUPPLEMENTAL ABSTRACT (IF ANY)
STATEMENT OF THE CASE - FIVE PAGES (IF ANY)
ARGUMENT - 25 PAGES
SUPPLEMENTAL ADDENDUM INDEX (IF ANY)
SUPPLEMENTAL ADDENDUM (IF ANY)

08/24/2005 Formal Orders - Court of Appeals
Submitted to the court on - 08/17/05
Appellee's Attorney - Ronald D. Kelsay

07/22/2005 Motion to Supplement the Record - Bennie Walt
Submitted to the court on - 08/17/05
Action = REMANDED on 08/24/05
Appellee's Attorney - Ronald D. Kelsay
Appellees' motions to supplement the record and stay
briefing schedule. Remanded to the trial court to settle
the record within thirty days (September 23, 2005). Brief
due within thirty days thereafter.
7-26-05. Amended motion to supplement.
10/24/05 - Clerk to send an affidavit that the evidence was
never admitted at trial.

07/01/2005 Record Checkout by Atty. of Record - Bennie Wal a
Appellee's Attorney - Ronald D. Kelsay
Number of Volumes 3
Number of Sets 0
3 vols. & 3 binders.

06/28/2005 BOX OF EXHIBIT #1 w/record
Staff advised to keep box until case is ready for
submission -- if it's needed to be filed - we'll require a
motion to supplement at that time

06/27/2005 Briefing Commenced - Walthall Brothers Investment, Inc.
This event was tickled for 07/27/05

06/27/2005 Briefing Commenced - Clayton Land and Timber Enterprises
This event was tickled for 07/27/05

06/27/2005 Briefing Commenced - Margie Walthall
This event was tickled for 07/27/05

06/27/2005 Briefing Commenced - Donald Walthall
This event was tickled for 07/27/05

06/27/2005 Briefing Commenced - Maryese Walthall
This event was tickled for 07/27/05

06/27/2005 Briefing Commenced - Bennie Walthall
This event was tickled for 07/27/05

06/27/2005 Brief Filed Timely - Kathleen Pennino
Appellant's Attorney - Robert David Lewis

06/27/2005 Checklist for Appellant's Briefs - Kathleen P
Appellant's Attorney - Robert David Lewis
REQUIREMENTS:
17 COPIES OF THE BRIEF
12 PICTH OR LARGER FONT SIZE
TEXT IS DOUBLE-SPACED
1 INCH MARGINS ON THE TOP, BOTTOM, & RIGHT MARGI
EACH MAJOR SECTION BEGINS WITH PAGE 1
CONTENTS:
TABLE OF CONTENTS
A. PAGE NUMBER REFERENCES TO EACH MAJOR SECTIO
B. PG REF TO THE ABS WHERE EACH WIT BEGIN TSMY
INFORMATION/JURIDICTIONAL STATEMENT
POINTS ON APPEAL
TABLE OF AUTHORITIES
ABSTRACT
A. FIRST PERSON NARRATIVE
B. PAGE REFERENCES TO RECORD
STATEMENT OF THE CASE
A. FIVE PAGES OR LESS
B. PAGE REFERENCES TO THE ABSTRACT & ADDENDUM
ARGUMENT
A. TWENTY-FIVE PAGES OR LESS
B. PAGE REFERENCES TO THE ABSTRACT & ADDENDUM
C. SIGNATURE AND CERTIFICATE OF SERVICE
ADDENDUM
A. INDEX WITH PAGE REFERENCES TO THE RECORD
B. JUDGMENT/ORD/DECREE APPEALED FROM INCLUDED
C. NOTICE OF APPEAL INCLUDED
CIVIL CASE

05/27/2005 Record on Remand Filed
Number of Volumes 1
Number of Sets 0

05/27/2005 Briefing Commenced - Kathleen Pennino
This event was tickled for 06/26/05
Appellant's Attorney - Robert David Lewis

05/25/2005 Record on Remand Tendered
Clerk's certificate not sealed.

05/17/2005 SUE CLAYTON NEEDS RECORD WHEN RETURNED
Check the Judge - Edward P. Jones or Michael R. Landers
Place original order on remand in front of record

05/16/2005 Order on Remand to Supplement the Record - Ou

04/27/2005 Formal Orders - Court of Appeals
Submitted to the court on - 04/20/05
Appellant's Attorney - Robert David Lewis

04/18/2005 Motion to Stay Brief Time - Kathleen Pennino
Action = awaiting action
Appellant's Attorney - Robert David Lewis

04/11/2005 Response to Motion to Supplement the Record -
Appellee's Attorney - Ronald D. Kelsay

04/01/2005 Motion to Supplement the Record - Kathleen Pe
Submitted to the court on - 04/20/05
Action = REMANDED on 04/27/05
Appellant's Attorney - Robert David Lewis
Appellants' motion to supplement the record and motion to
stay briefing schedule. Remanded to the trial court to
settle the record within thirty days (May 27, 2005). Brief
due thirty days thereafter.
5-25-05. Supplemental Record. Tendered. Clerk's
certificate not sealed.
5-27-05. Record on Remand. Filed. Appellant's brief due
6-26-05. Attorney's notified.

04/01/2005 Record Checkout by Atty. of Record - Kathleen P n
Appellant's Attorney - Robert David Lewis
Number of Volumes 3
Number of Sets 0
3 large envelopes.

03/18/2005 Record Lodged
Number of Volumes 3
Number of Sets 0
Exhibits were filed with the record
3 lg. accordian envelopes

Date Filed: 
Friday, March 18, 2005
Caption: 
KATHLEEN PENNINO
V
BENNIE WALTHALL
MARYESE WALTHALL
DONALD WALTHALL
MARGIE WALTHALL
CLAYTON LAND AND TIMBER ENTERPRISES
WALTHALL BROTHERS INVESTMENT, INC.