Proceedings of the Arkansas Court of Appeals - January 28, 2009 ARKANSAS COURT OF APPEALS Opinions delivered January 28, 2009 LARRY D. VAUGHT, CHIEF JUDGE: CACR08-173. Casey Lee Dirickson v. State of Arkansas, from Grant Circuit. Affirmed. Robbins and Gruber, JJ., agree. PUBLISHED CA08-965. Donna Sanders v. Arkansas Department of Human Services and Minor Child, from Union Circuit. Affirmed. Robbins and Gruber, JJ., agree. UNPUBLISHED JOHN MAUZY PITTMAN, JUDGE: CACR08-458. Myron Newjean Anderson, Jr. v. State of Arkansas, from Ashley Circuit. Affirmed. Hart and Brown, JJ., agree. UNPUBLISHED CACR08-659. Kenneth Ray Jones v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Gladwin and Glover, JJ., agree. UNPUBLISHED JOSEPHINE LINKER HART, JUDGE: CACR08-507. William Edward Snider v. State of Arkansas, from Columbia Circuit. Rebriefing Ordered. Pittman and Brown, JJ., agree. UNPUBLISHED ROBERT J. GLADWIN, JUDGE: CACR08-658. Rodney Maxwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Henry and Baker, JJ., agree. UNPUBLISHED CA08-827. Ray Garcia v. Arkansas Department of Human Services and H.G., Minor Child, from Benton Circuit. Affirmed; Motion to Withdraw Granted. Henry and Baker, JJ., agree. UNPUBLISHED JOHN B. ROBBINS, JUDGE: CA08-974. Holly Goforth v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Vaught, C.J., and Marshall, J., agree. UNPUBLISHED M. MICHAEL KINARD, JUDGE: CA08-655. Stepping Stone School and AIG Claim Services, Inc. v. Lisa Ferrari and Second Injury Fund, from the Arkansas Workers’ Compensation Commission. Affirmed. Glover and Marshall, JJ., agree. UNPUBLISHED CA08-977. Mary Nixon v. Arkansas Department of Human Services and A.W., Minor Child, from Pulaski Circuit, Eighth Division. Affirmed. Glover and Marshall, JJ., agree. UNPUBLISHED RITA W. GRUBER, JUDGE: CA08-460. Uris Magana-Galdamez v. State of Arkansas, from Benton Circuit. Affirmed. Vaught, C.J., and Robbins, J., file:///C|/Syllabus/Syllabus20090128.htm[12/21/2011 9:52:36 AM]
Proceedings of the Arkansas Court of Appeals - January 28, 2009 agree. PUBLISHED CA08-752. David Whitham v. Arkansas Department of Human Services and Minor Children, from Faulkner Circuit. Affirmed. Vaught, C.J., and Robbins, J., agree. UNPUBLISHED DAVID M. GLOVER, JUDGE: CA08-707. Essie Simpson Grider v. Arkansas Department of Health and Human Services, from Bradley Circuit. Affirmed. Kinard and Marshall, JJ., agree. UNPUBLISHED D.P. MARSHALL JR., JUDGE: CA08-1027. Rebecca Montgomery v. Arkansas Department of Human Services and Minor Child, from Johnson Circuit. Affirmed. Kinard and Glover, JJ., agree. UNPUBLISHED COURTNEY HUDSON HENRY, JUDGE: CA08-577. Jennifer A. Smith v. Trevor W. Smith, from Lonoke Circuit. Affirmed. Gladwin and Baker, JJ., agree. UNPUBLISHED CA08-914. Atalaya Hollister-Davis v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Gladwin and Baker, JJ., agree. UNPUBLISHED WAYMOND M. BROWN, JUDGE: CA08-912. Carmen Vaughan v. Arkansas Department of Human Services and Minor Children, from Union Circuit. Affirmed. Pittman and Hart, JJ., agree. UNPUBLISHED 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). E08-154. Steve R. Greenwood v. Director et al. E08-155. Walter E. Hughes v. Director et al. E08-156. Martha R. Smith v. Director et al. E08-158. Daniel M. Crouch v. Director et al. E08-159. Jerry’s Steak House-Trumann v. Director et al. E08-160. Carol P. Kelley v. Director et al. E08-161. Amber S. Donald v. Director et al. E08-162. Robert W. Hunt v. Director et al. E08-163. Marion D. Spence v. Director et al. E08-164. Malcolm L. Williams v. Director et al. E08-165. David L. Miller v. Director et al. file:///C|/Syllabus/Syllabus20090128.htm[12/21/2011 9:52:36 AM]
Proceedings of the Arkansas Court of Appeals - January 28, 2009 E08-166. Foundations Care, Inc. v. Director et al. PER CURIAM ORDERS CACR07-395. Corrie Derell Thomas v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Mike Dabney for attorney's fees is granted. Allowed $1,400.00. CACR07-1166. Elliott E. Bailey v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Rosalyn A. Watts for attorney fees is granted. Allowed $1,400.00. CACR08-74. Kenneth Lemaster v. State of Arkansas, from Lonoke Circuit. Motion of Andrew Ballard for attorney's fees is granted. Allowed $1,400.00. CACR08-374. Gary W. Banks v. State of Arkansas, from Miller Circuit. Motion of Phillip A. McGough for attorney's fees and costs is granted. Allowed $1,100.00. CACR08-609. Monterele Eron Davenport v. State of Arkansas, from Miller Circuit. Motion of Phillip A. McGough for attorney's fees and costs is granted. Allowed $1,050.00. CACR08-1239. Debra Johnson v. State of Arkansas, from Union Circuit. Appellant's motion for extension of brief time is granted. Final extension. CACR08-1319. Victor Rasmussen v. State of Arkansas, from Garland Circuit. Appellant's petition for appeal bond is denied. CA08-1110. Robert L. Anderson v. Sherri L. Anderson, from Washington Circuit. Appellee's motion to file belated brief is granted. CA08-1170. Jason Shively v. Michelle Shively Plautz, from Cleburne Circuit. Appellant's motion for additional brief time is granted. Final extension. CA08-1196. Anthony Sloan, M.D. v. City of Corning, from Clay Circuit, Western District. Appellee's motion to supplement the record is granted. Marshall, J., not participating. CA08-1449. Robert Maulding v. Price's Utility Contractors, Inc. et al, from Workers' Compensation Commission. Appellant's petition for writ of certiorari is moot. Amended petition for writ of certiorari is denied without prejudice. Case remanded to the Commission to settle the record within thirty days. CA08-1449. Robert Maulding v. Price's Utility Contractors, Inc. et al, from Workers' Compensation Commission. Appellee Second Injury Fund's motion to strike appellant's response to Second Injury Fund's response is moot. CA08-1475. Ryan Thone v. Rick Thone et al., from Pope Circuit. Amended motion of Jerry Don Ramey for removal as counsel for appellant is granted. CA08-1475. Ryan Thone v. Rick Thone et al., from Pope Circuit. Appellant's motion for extension of brief time is granted. Brief due within thirty days. MOTIONS SUBMITTED file:///C|/Syllabus/Syllabus20090128.htm[12/21/2011 9:52:36 AM]
Proceedings of the Arkansas Court of Appeals - January 28, 2009 PETITIONS FOR REHEARING: CA08-687. Randy E. Lewis v. Second Injury Fund, from Workers' Compensation Commission. ***************************** CACR07-278. Bryan Keith Rakestraw v. State of Arkansas, from Crittenden Circuit. Motion of Brian Williams for attorney's fees. CACR07-468. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit. Motion of Brian Williams for attorney's fees. CACR07-929. Kelly Harrison Campbell v. State of Arkansas, from Lonoke Circuit. Appellant's motion for additional brief time. CACR08-84. Damont L. Ewells v. State of Arkansas, from Garland Circuit. Motion of Joseph C. Self to withdraw as counsel for appellant. CACR08-261. Eddie Tyrone Davis v. State of Arkansas, from Crittenden Circuit. Motion of Brian Williams for attorney's fees. CACR08-572. William Dale Morrison v. State of Arkansas, from Crawford Circuit. Motion of Niki Wilson to withdraw as counsel for appellant, for extension of brief time and for appointment of counsel. CACR08-641. Steven Ralph Teater v. State of Arkansas, from Ouachita Circuit. Motion of Gary McDonald and William McLean for attorney's fees and costs. CACR08-1046. Alvin Robinson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to stay proceedings. CACR08-1207. Sonya Nate Mooney v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to complete the record and stay briefing schedule. CACR08-1207. Sonya Nate Mooney v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion for copy of record at public expense. CACR08-1319. Victor Rasmussen v. State of Arkansas, from Garland Circuit. Appellant's motion to supplement the record. CACR09-32. Bondie Hood v. State of Arkansas, from Greene Circuit. Motion of Kristofer E. Richardson to withdraw as appellate counsel. CA08-686. Martha Hale v. East Poinsett School District et al., from Workers' Compensation Commission. Appellees’ motion to dismiss appeal and for extension of brief time. CA08-1306. T. C. v. State of Arkansas, from Ouachita Circuit. Appellant's motion for leave to supplement the abstract with an abstract of certain video exhibits. CA08-1306. T. C. v. State of Arkansas, from Ouachita Circuit. Appellant's motion to seal the record. CA08-1346. Jerry Brasfield v. Jacqueline Murray, from Jefferson Circuit. Motion of John L. Kearney to be relieved as file:///C|/Syllabus/Syllabus20090128.htm[12/21/2011 9:52:36 AM]
Proceedings of the Arkansas Court of Appeals - January 28, 2009 counsel for appellant. CA09-24. John Edward Stevens v. Allison Desha Stevens, from Stone Circuit. Appellant's motion to stay order. SUBMISSIONS CACR07-1282. James E. Horvath v. State of Arkansas, from Pope Circuit. CACR08-326. Cora Hamilton v. State of Arkansas, from Drew Circuit. CACR08-608. Vance B. Rollins, Jr. v. State of Arkansas, from Perry Circuit. CACR08-720. Jennifer Lynn Cheater v. State of Arkansas, from Sebastian Circuit, Fort Smith District. CACR08-858. Caesar Clay v. State of Arkansas, from Pulaski Circuit, Seventh Division. CACR08-874. Rhanda Rachael Ramey v. State of Arkansas, from Pulaski Circuit, Fourth Division. CA08-186. Dorothy Jean Rice v. Duncan Ragsdale, from St. Francis Circuit. CA08-493. Michael W. Eason v. Arkansas Local Police and Fire Retirement System, from Ouachita Circuit. CA08-571. L & W Janitorial, Inc. v. Pearline Williams, from Workers' Compensation Commission. CA08-613. Ronald Sutton and Bonnie Sutton v. Lonnie Sutton and Lorene Sutton, from Scott Circuit. CA08-642. Leyon Bratton v. Doyle Wilson and Ruth Wilson, from Van Buren Circuit. CA08-651. A.G. "Bud" Martin, Jr. v. Guy Bobo, from Hempstead Circuit. CA08-673. Shelby Barnett and Linda Barnett v. Keith Gomance and Wanda Stafford, from Garland Circuit. CA08-678. Johnson Medical Center et al. v. Starla Tripp, from Workers' Compensation Commission. CA08-732. Joseph S. Cook v. John Ratliff, from St. Francis Circuit. CA08-736. Daryl Guffey v. Kim Billings Counts et al., from Washington Circuit. CA08-743. Elizabeth Roden Vinson v. Dollar General Stores, from Workers' Compensation Commission. CA08-750. State Farm Automobile Insurance Company v. Eda Stamps, from Sebastian Circuit, Fort Smith District. CA08-796. Benji Davis v. Wal-Mart Associates, Inc., from Workers' Compensation Commission. CA08-843. Bonnie Mitchell, Administrator v. Tyson Poultry, Inc., from Workers' Compensation Commission. CA08-847. Robert Sally v. Sevice Master et al., from Workers' Compensation Commission. CA08-849. Donald A. Castleberry et al. v. Dr. Charles Fohn, M.D. P.A. et al., from Ouachita Circuit. CA08-1175. Stephen Huggins v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. file:///C|/Syllabus/Syllabus20090128.htm[12/21/2011 9:52:36 AM]
Proceedings of the Arkansas Court of Appeals - January 28, 2009 The following cases are appeals from the Arkansas Board of Review. E08-167. Pamela B. Harris v. Director et al. E08-168. Mark A. Gerike v. Director et al. E08-169. Randi Lyn Zakrzewski v. Director et al. E08-170. Marcus Heard v. Director et al. E08-171. Lakoiya S. Diggs v. Director et al. E08-172. Vicki M. Mays v. Director et al. E08-173. Linda S. Brewer v. Director et al. E08-174. Calvin J. Whitaker v. Director et al. E08-175. Merritt A. Nye v. Director et al. E08-177. Cheryl M. Cavness v. Director et al. E08-178. Michael J. Webster v. Director et al. E08-179. Etta J. Walker v. Director et al. file:///C|/Syllabus/Syllabus20090128.htm[12/21/2011 9:52:36 AM]
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