Proceedings of the Arkansas Court of Appeals - March 10, 2010 ARKANSAS COURT OF APPEALS Per Curiam Orders July 28, 2010 REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases. CA09-167. West Memphis Adolescent Residential LLC v. J.T. Compton et al., from Crittenden Circuit. CA09-921. Terry Druyvesteyn v. Summit Brokerage Services, Inc. and Lois Druyvesteyn, from Sebastian Circuit, Fort Smith District. CA09-1073. J. D. Ashley, Sr., by and through Charolette Ashley v. The J.D. Ashley, Sr. Family Limited Partnership et al., from Pulaski Circuit, Ninth Division. CA09-1198. Ricky Gaskins v. Jeff Minner Trucking et al., from Workers' Compensation Commission. CA09-1264. Southern Farm Bureau Casualty Insurance Company v. Rebecca B. Krouse, from Columbia Circuit. CA10-98. David Hickey v. Travis Gardisser, d/b/a Gardisser Construction, from Benton Circuit. ***************************** CACR08-1374. James Clayton Solomon v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to relieve counsel and proceed pro se is passed until case is submitted. CACR08-1477. Matthew Cole Hagen v. State of Arkansas, from Garland Circuit. Motion of F. Parker Jones, III for attorney's fees is granted. Allowed $1,400.00. CACR09-694. Demarcus Cooks v. State of Arkansas, from Miller Circuit. Motion of Jason Horton for attorney's fees is granted. Allowed $1,200.00. CACR09-729. Mark Edward Campbell v. State of Arkansas, from Montgomery Circuit. Motion of F. Parker Jones, III for attorney's fees is granted. Allowed $1,400.00. CACR09-798. Jonathan Graydon v. State of Arkansas, from Lonoke Circuit. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $1,400.00. CACR09-893. David Eugene Lewis v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's pro se motion seeking leave to file pro se motions for correction of clerical error on commitment order and to temporarily reinvest jurisdiction with the trial court is denied. CACR09-949. Aaron Ault v. State of Arkansas, from Faulkner Circuit. Motion of Caroline L. Winningham for attorney's fees is granted. Allowed $1,000.00. CACR09-950. Dewoine Holder v. State of Arkansas, from Jefferson Circuit. Motion of Robert R. Cortinez, Sr. for attorney's fees is granted. Allowed $1,400.00. file:///C|/Syllabus/Syllabus20100728.htm[12/21/2011 9:57:49 AM]
Proceedings of the Arkansas Court of Appeals - March 10, 2010 CACR09-1014. Donald Gene Gaither v. State of Arkansas, from Faulkner Circuit. Motion of Caroline L. Winningham for attorney's fees is granted. Allowed $1,400.00. CACR09-1015. Jeffery M. Nelson v. State of Arkansas, from Jefferson Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $1,400.00. CACR09-1057. Steven Cody v. State of Arkansas, from Clark Circuit. Motion of Caroline L. Winningham for attorney's fees is granted. Allowed $1,400.00. CACR09-1156. Willie Patton, Jr. v. State of Arkansas, from Bradley Circuit. Motion of B. Dale West for attorney's fees is granted. Allowed $1,400.00. CACR09-1218. Bobby Austin Wicks v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,400.00. CACR09-1229. Broderick J. Cooper v. State of Arkansas, from Clark Circuit. Motion of Al Schay for attorney's fees is granted. Allowed $1,400.00. CACR09-1329. Kenneth Tucker, Jr. v. State of Arkansas, from Ashley Circuit. Motion of Daren J. Nelson for attorney's fees is granted. Allowed $1,400.00. CACR10-135. Todd Wayne Hall v. State of Arkansas, from Benton Circuit. Appellant's motion to file belated brief is granted. Brief filed this date. CACR10-158. Eric Lavell Murry v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for copy of appellant's brief is granted. Appellant's attorney is ordered to provide a copy of brief to appellant. CACR10-202. Johnny Mingo, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted. Brief filed this date. CACR10-223. Weston Ludrick v. State of Arkansas, from Washington Circuit. Motion to supplement appellant's statement of the case is granted. Substituted brief due within ten days. CACR10-293. Kendrick Barton v. State of Arkansas, from Nevada Circuit. Appellant's motion for emergency consideration is granted. CACR10-293. Kendrick Barton v. State of Arkansas, from Nevada Circuit. Appellant's motion to stay proceedings and re-vest jurisdiction in the trial court is granted. CA09-283. Donald R. Johnson et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellants' emergency motion to stay CECPN is remanded to Commission. See per curiam this date. CA09-283. Donald R. Johnson et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion of separate appellants, Donald R. Johnson and Mary D. Johnson to withdraw from emergency motion to stay CECPN is remanded to Commission. See per curiam this date. CA09-283. Donald R. Johnson et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellants' motion to consolidate appeals CA08-128 and CA09-283 is remanded to Commission. See per curiam this date. CA09-283. Donald R. Johnson et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellants' motion to withdraw motion to consolidate with CA08-128 is remanded to Commission. See per curiam this date. CA09-304. Willis B. Smith, Jr. and Patty F. Smith v. Public Service Commission et al., from Public Service Commission. file:///C|/Syllabus/Syllabus20100728.htm[12/21/2011 9:57:49 AM]
Proceedings of the Arkansas Court of Appeals - March 10, 2010 Appellants' motion to consolidate CA09-304 with CA09-283 and CA08-128 is remanded to Commission. See per curiam this date. CA09-385. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellants’ emergency motion to stay CECPN is remanded to Commission. See per curiam this date. CA09-385. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellants’ motion to file reply to Appellees' response is remanded to Commission. See per curiam this date. CA09-385. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Alternative motion of separate appellee Southwestern Electric Power Company for leave to file response to appellants' reply to appellees' response is moot. CA09-385. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellants’ motion for expedited briefing schedule is moot. CA09-385. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellees' joint motion to separate Arkansas Public Service Commission dockets filed jointly on appeal is remanded to the Commission. See per curiam this date. CA09-776. Diana J. Lancaster v. Steve Regier et al., from Benton Circuit. Appellant's motion to substitute copies of unredacted addendum is granted. Substituted brief filed this date. CA09-776. Diana J. Lancaster v. Steve Regier et al., from Benton Circuit. Appellees' motion to strike non-complying brief is denied. CA09-776. Diana J. Lancaster v. Steve Regier et al., from Benton Circuit. Appellees' second motion to strike non-complying brief is denied. CA09-776. Diana J. Lancaster v. Steve Regier et al., from Benton Circuit. Appellees' motion to stay brief time is granted. Brief due within fifteen days. CA09-1150. P C Scale, Inc. et al. v. Roll Off Services, Inc., from Benton Circuit. Joint stipulation of the parties agreeing to the Court reaching its decision on the merits utilizing the License Agreement currently appearing in the record and treating it as a complete copy of the License Agreement for purposes of appeal. Stipulation granted. Appellants' substituted brief due in fifteen days. CA09-1172. Wynona Smith v. Hair Plus Beauty Supplies, Inc., from Workers' Compensation Commission. Appellant's pro se motion for extension of time to correct brief is denied. Appeal dismissed. CA09-1326. Kristin N. Kuelbs et al. v. Kimberly Hill, from Garland Circuit. Appellee's motion for extension of brief time until thirty days after a decision is rendered in CA09-931 is granted. CA09-1363. Marx Real Estate Investments, LLC et al. v. Dr. Victor Coloso and Regina Coloso, from Sebastian Circuit, Fort Smith District. Appellants' motion to file enlarged brief is granted. CA09-1411. Adam S. Stibich v. Kimberly Rae Stibich, from Garland Circuit. Appellant's motion to correct the record and for brief time is granted. CA10-126. Sandra Forde Beckworth et al. v. Diamante Golf Club, LLC et al., from Saline Circuit. Cross-appellee Beckworth's motion to file nonconforming brief or, in the alternative, to permit filing of substituted brief in cross appeal. Cross-appellee Beckworth's motion to file nonconforming brief is denied. Motion to permit filing of substituted brief in cross-appeal is granted. Substituted brief due within fifteen days. file:///C|/Syllabus/Syllabus20100728.htm[12/21/2011 9:57:49 AM]
Proceedings of the Arkansas Court of Appeals - March 10, 2010 CA10-231. Delmar Glenn Pack et al. v. Bob E. Clark, from Van Buren Circuit. Appellees' motion to take judicial notice is passed until case is submitted. CA10-302. Steve's Outdoor Investments, LLC et al. v. Reynolds Forestry Consulting-RFC, Inc., from Columbia Circuit. Appellants’ motion for stay to allow mediation is granted. CA10-405. Jacquelin Perez Orantes v. Daniel Orantes, from Grant Circuit. Appellant's motion to seal the record is denied. CA10-405. Jacquelin Perez Orantes v. Daniel Orantes, from Grant Circuit. Appellant's motion to complete the record is granted. CA10-405. Jacquelin Perez Orantes v. Daniel Orantes, from Grant Circuit. Appellant's motion for extension of brief time is granted. CA10-439. St. Edward Mercy Medical Center d/b/a Harborview Nursing Hospital v. Jacky Shamblin and Tanya Shamblin, from Sebastian Circuit, Fort Smith District. Appellees' motion to consolidate CA10-439 with CA10-705 is granted. CA10-548. Albaro Vijil v. St. Paul Travelers et al., from Workers' Compensation Commission. Appellant's motion to complete the record and to stay brief time is granted. Record deemed supplemented. Appellant's brief due in thirty days. CA10-556. Kathryn Edwards v. Arkansas Department of Human Services, from Benton Circuit. Appellant's motion to waive addendum obligation is granted. CA10-556. Kathryn Edwards v. Arkansas Department of Human Services, from Benton Circuit. Appellant's motion to stay brief time until pending motion to waive addendum obligation is decided is granted. Brief tendered on July 8, 2010, filed this date. CA10-561. Julia Laney Machen v. Billy Randall Machen, from Columbia Circuit. Appellant's motion for certiorari, to remand and to stay briefing schedule is granted. CA10-592. Manufacturers & Traders Trust Co. et al. v. Tracy M. Nickleson and Carolyn Joan Nickleson, from Faulkner Circuit. Appellant's motion to supplement the record and to stay the briefing schedule is granted. Supplemental record filed this date. Glover, J., not participating. CA10-592. Manufacturers & Traders Trust Co. et al. v. Tracy M. Nickleson and Carolyn Joan Nickleson, from Faulkner Circuit. Appellees' motion to supplement the record and appellants' response to supplement the record is granted. Supplemental record due within thirty days. Appellants' brief due thirty days thereafter. Glover, J., not participating. CA10-592. Manufacturers & Traders Trust Co. et al. v. Tracy M. Nickleson and Carolyn Joan Nickleson, from Faulkner Circuit. Appellees' motion to consolidate briefs is moot. Glover, J., not participating. CA10-596. Penny Lambert v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellant's motion for extension of time to file brief due to extraordinary circumstances and to stay brief time is moot. CA10-596. Penny Lambert v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellant's motion to withdraw her motion for extension of time to file brief due to extraordinary circumstances and to stay brief time is granted. CA10-624. James D. Brown v. Joy Richardson, from Pulaski Circuit, Twelfth Division. Appellant's motion to correct or modify the record and to stay brief time is granted. Corrected record due in thirty days. Brief due within thirty days thereafter. file:///C|/Syllabus/Syllabus20100728.htm[12/21/2011 9:57:49 AM]
Proceedings of the Arkansas Court of Appeals - March 10, 2010 E10-10. Deborah D. Bergman v. Director et al., from Board of Review. Appellee's motion to file belated brief is granted. Brief filed this date. E10-23. Guy D. Czajka v. Director et al., from Board of Review. Appellant's pro se motion to exceed brief page limits is denied. E10-23. Guy D. Czajka v. Director et al., from Board of Review. Appellant's pro se motion to place tangible information and references into the addendum not found in the record is denied. file:///C|/Syllabus/Syllabus20100728.htm[12/21/2011 9:57:49 AM]
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