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Proceedings of the Arkansas Court of Appeals - April 28, 2010 ARKANSAS COURT OF APPEALS Opinions delivered April 28, 2010 LARRY D. VAUGHT, CHIEF JUDGE: CACR09-1247. Robert Eugene Casey v. State of Arkansas, from Faulkner Circuit. Affirmed. Gruber and Glover, JJ., agree. CA09-1381. K. C., Minor Mother v. Arkansas Department of Human Services and Minor Child, from Pulaski Circuit, Eighth Division. Reversed and remanded. Glover, J., agrees. Gruber, J., concurs. JOHN MAUZY PITTMAN, JUDGE: CACR09-805. Michael Wayne Watson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Vaught, C.J., and Brown, J., agree. CA09-1350. Brenda Armstrong v. Arkansas Department of Human Services, from Saline Circuit. Affirmed. Vaught, C.J., and Brown, J., agree. JOSEPHINE LINKER HART, JUDGE: CACR09-729. Mark Edward Campbell v. State of Arkansas, from Montgomery Circuit. Affirmed. Pittman and Baker, JJ., agree. CA09-876. Bobby Clark Construction and Cincinnati Insurance Company v. Bobby Clark, from the Arkansas Workers Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. ROBERT J. GLADWIN, JUDGE: CACR09-743. Clarence Jay Arendall v. State of Arkansas, from Crawford Circuit. Affirmed. Henry and Brown, JJ., agree. CACR09-881. Derric Jackson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Brown, J., agrees. Hart, J., concurs. CA09-1321. Roy Kilgore v. CTL Distribution, Inc. and Protective Insurance Company, from the Arkansas Workers Compensation Commission. Affirmed. Henry and Brown, JJ., agree. JOHN B. ROBBINS, JUDGE: CACR09-1207. Susie Klines v. State of Arkansas, from Bradley Circuit. Affirmed. Kinard and Marshall, JJ., agree. CA09-1382. Cynthia Taylor v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Kinard and Marshall, JJ., agree. RITA W. GRUBER, JUDGE: CACR09-1190. Marcus Lakeith Stephens v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Vaught, file:///C|/Syllabus/Syllabus20100428.htm[12/21/2011 9:57:53 AM]
Proceedings of the Arkansas Court of Appeals - April 28, 2010 C.J., and Glover, J., agree. CA09-1236. Jimmie Carpenter v. Rory Layne and Kathy Layne, from Sebastian Circuit, Greenwood District. Affirmed. Vaught, C.J., and Glover, J., agree. DAVID M. GLOVER, JUDGE: CA09-737. Nathan Leroy Poff, Jr., John Laurence Poff, and Jennifer Lynn Poff Beam v. Carolyn Sue Poff Peedin, from Cleburne Circuit. Affirmed. Vaught, C.J., and Gruber, J., agree. CA09-887. Juanita P. Booth, Individually and as Personal Representative of the Estate of Patrick Booth v. Riverside Marine Remanufacturers, Inc., from Pulaski Circuit, Sixth Division. Affirmed. Vaught, C.J., and Gruber, J., agree. COURTNEY HUDSON HENRY, JUDGE: CA09-762. Charles T. Presley v. St. Paul Fire & Marine Insurance Company, Baxter County Regional Hospital, n/k/a Baxter Regional Medical Center, Michael S. Hagaman, M.D., and Kerr Medical Clinic, from Baxter Circuit. Reversed and remanded. Gladwin and Brown, JJ., agree. CA09-1328. Virgilio Ochoa v. Tyson Foods, Inc., from the Arkansas Workers Compensation Commission. Affirmed. Gladwin and Brown, JJ., agree. KAREN R. BAKER, JUDGE: CACR08-1460. Wesley Barringer v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman and Hart, JJ., agree. PER CURIAM ORDERS REHEARING DENIED: Petition for Rehearing was denied today in the following case. CA09-777. Sandra Hobson v. Donald Holloway, from Prairie Circuit, Southern District. ***************************** CACR09-965. Kenneth Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of William O. "Bill" James, Jr. for attorney's fees is granted. Allowed $1,400.00. CACR10-81. Phillip W. Holloway v. State of Arkansas, from Scott Circuit. Appellant's motion to supplement the record and to stay briefing schedule is granted. CACR10-157. Brandon Buford v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record is granted. CA09-891. M. S., a Minor v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of John Ogles for attorney's fees is granted. Allowed $1,400.00. CA09-1320. Greg E. Prock v. Bull Shoals Boat Landing, from Workers' Compensation Commission. Appellee's motion to stay brief time is granted. Appellee's brief due thirty days after replacement record is filed. file:///C|/Syllabus/Syllabus20100428.htm[12/21/2011 9:57:53 AM]
Proceedings of the Arkansas Court of Appeals - April 28, 2010 CA09-1339. Tracy L. (Blair) Hanshaw v. John A. Blair, from Benton Circuit. Appellant's motion for additional brief time is granted. Final extension. Vaught, C.J., not participating. CA09-1380. Mary Gurlen v. Henry Management, Inc., from Pulaski Circuit, Sixth Division. Appellee's motion to substitute Matthew D. Wells and relieve Bruce Tidwell as counsel for appellee is granted. CA10-297. E. Sloan Duvall v. Edward McCausland et al., from Washington Circuit. Appellee Edward McCausland's motion to dismiss appeal is granted. Pittman and Gladwin, JJ., not participating. CA10-297. E. Sloan Duvall v. Michael R. Miller et al., from Washington Circuit. Appellee Michael R. Miller's motion to dismiss appeal is granted. Pittman and Gladwin, JJ., not participating. MOTIONS SUBMITTED PETITIONS FOR REHEARING: CA09-857. Winrock Grass Farm, Inc. v. Affiliated Real Estate Appraisers of Arkansas, Inc. et al., from Pulaski Circuit, Sixth Division. CA09-1112. James C. Moore and Clara L. Moore v. First Presbyterian Church of Searcy, Arkansas, Inc. and Estate of Nellie Marie Phillips, Deceased, from White Probate. CA09-1279. Benjamin Lane v. Joe Harris Trucking and Commerce & Industry Insurance Co., from Workers' Compensation Commission. ***************************** CACR08-1374. James Clayton Solomon v. State of Arkansas, from Washington Circuit. Appellants pro se motion to proceed pro se. CACR09-865. Lyndall Anthony Golden v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti III for attorney's fees and expenses. CACR09-1010. Keith Brown v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles E. Smith for attorneys fees. CACR09-1068. Shawn Whiteside v. State of Arkansas, from Lonoke Circuit. Motion of Jonathan T. Lane for attorney's fees. CACR09-1104. James Forrest, Jr. v. State of Arkansas, from Jefferson Circuit. Motion of Charles D. Hancock for attorney's fees. CACR10-381. Michael Lee Cowan v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Barry D. Neal to withdraw as counsel for appellant. CA09-1155. Stephen Waymack v. Treadway Electric Company, Inc. et al., from Workers' Compensation Commission. Appellant's pro se motion to file belated brief and for brief time. file:///C|/Syllabus/Syllabus20100428.htm[12/21/2011 9:57:53 AM]
Proceedings of the Arkansas Court of Appeals - April 28, 2010 CA09-1275. Michael L. Wommack v. Shelly R. Ingram, from Washington Circuit. Motion of Jeff H. Watson to withdraw and of J. Jason Boyeskie to be substituted as counsel for appellee. CA09-1303. Mary E. Young v. Ronnie Young, from Lonoke Circuit. Appellee's motion to dismiss appeal or, for extension of brief time. CA10-21. Holiday Inn Franchising, Inc., now known as Holiday Hospitality Franchising, Inc. v. Hotel Associates, Inc., from Crittenden Circuit. Appellants motion for leave to file a supplemental abstract and substituted brief. CA10-42. Pamela Brand v. Gregory Mourot, from Perry Circuit. Appellee's motion to complete the record. CA10-75. Waverly-Arkansas, Inc. et al. v. Norma Page, from Polk Circuit. Appellee's motion to supplement the record. CA10-87. Hollis Robison and Jean Robison v. Paul Lee, Thomas Lee and SEECO, Inc., from Van Buren Circuit. Appellee SEECO, Inc.’s motion to dismiss appeal. CA10-222. National Bank of Arkansas v. Rivercrossing Partners, LLC et al., from Pulaski Circuit, Sixth Division. Appellant's motion to correct the record. CA10-363. Wylie W. Westbrook v. Teton Industrial Construction et al., from Workers' Compensation Commission. Appellees motion to dismiss appeal. SUBMISSIONS CA08-1230. Helen Virginia Coan Estate et al. v. The Joseph Coan Estate et al., from Ouachita Circuit. Argued orally. CA09-704. Helen Virginia Coan Estate, et al. v. Michael P. Gaughan, from Ouachita Circuit. Argued orally. CACR09-789. Jeremy Leonard v. State of Arkansas, from Drew Circuit. CACR09-848. Tracy Lee Ingle v. State of Arkansas, from Pulaski Circuit, Seventh Division. CACR09-1184. Andra Leman Bates v. State of Arkansas, from Pulaski Circuit, First Division. CACR09-1338. Marcus Levern Allen v. State of Arkansas, from Pulaski Circuit, Fourth Division. CACR09-1385. Kevin Delat Wright v. State of Arkansas, from Washington Circuit. CACR10-10. Andrew Robinson v. State of Arkansas, from Clark Circuit. CA09-529. Anthony Jennings v. Architectural Products, Inc., from Pulaski Circuit, Sixth Division. CA09-757. Patricia Milner v. Rex Edward Luttrell, M.D., from Dallas Circuit. CA09-979. Bobby Bonds and Image Homes, Inc. v. Fred Hunt, from Saline Circuit. CA09-1090. Estate of Feddie Moore et al. v. Karen Dunsworth and Kerry McClendon, from Union Circuit. CA09-1123. Kevin Patton v. Jim Smith Collision & Wrecker, from Workers' Compensation Commission. CA09-1170. City of Benton v. Bryant City Council, from Saline Circuit. file:///C|/Syllabus/Syllabus20100428.htm[12/21/2011 9:57:53 AM]
Proceedings of the Arkansas Court of Appeals - April 28, 2010 CA09-1270. Richard Adams v. Diane Adams, from Washington Circuit. CA09-1322. Mitchell G. Sapp v. Tyson Foods, Inc., from Workers' Compensation Commission. CA09-1376. Gregory S. Rogers v. Linda Jennings (Rogers), from Hot Spring Circuit. CA09-1394. Sandra Hixon v. Baptist Health, from Workers' Compensation Commission. CA10-28. Antoinette Henderson v. Arkansas Department of Human Services et al., from Mississippi Circuit, Osceola District. CA10-67. Tammy Kinard v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. CA10-69. Ninita Treuber v. Arkansas Department of Human Services, from Conway Circuit. CA10-71. Gypsy Timmons v. Arkansas Department of Human Services et al., from Sebastian Circuit, Fort Smith District. file:///C|/Syllabus/Syllabus20100428.htm[12/21/2011 9:57:53 AM]
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