Court of Appeals

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 LARRY D. VAUGHT, CHIEF JUDGE: CACR12-165. Carletus Adams v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed; motion granted. Robbins and Abramson, JJ., agree. CA11-941. Joe Ryburn v. Janet Carol Ryburn, from Saline Circuit. Dismissed. Robbins and Abramson, JJ., agree. JOHN MAUZY PITTMAN, JUDGE: CACR11-1060. Raoul Juan Luevano v. State of Arkansas, from Benton Circuit. Affirmed. Gruber and Hoofman, JJ., agree. CA12-249. Teresa Weaver and Kenneth Poore v. Arkansas Department of Human Services, from Craighead Circuit, Western District. Affirmed; motion to withdraw granted. Gruber and Hoofman, JJ., agree. JOSEPHINE LINKER HART, JUDGE: CACR11-912. Ashley Haskett v. State of Arkansas, from Jefferson Circuit. Affirmed; motion to withdraw granted. Gladwin and Martin, JJ., agree. ROBERT J. GLADWIN, JUDGE: CACR12-228. Timothy Smith v. State of Arkansas, from Jefferson Circuit. Affirmed; motion to withdraw granted. Hart and Martin, JJ., agree. JOHN B. ROBBINS, JUDGE: CACR11-641. Jeremy J. Reynolds v. State of Arkansas, from Conway Circuit. Dismissed. Vaught, C.J., and Abramson, J., agree. CACR11-1233. James William Morrison v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed; motion granted. Vaught, C.J., and Abramson, J., agree.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 ROBIN F. WYNNE, JUDGE: CACR11-597. Stephanie Denise Clark v. State of Arkansas, from Crittenden Circuit. Affirmed; motion granted. Glover and Brown, JJ., agree. CACR11-1278. Carl Hubbard v. State of Arkansas, from Benton Circuit. Dismissed; motion granted. Glover and Brown, JJ., agree. RITA W. GRUBER, JUDGE: CACR11-1294. Irineo Tijerina-Palacios v. State of Arkansas, from Benton Circuit. Rebriefing ordered; motion denied. Pittman and Hoofman, JJ., agree. CA11-816. Ann Shull Bell and Nelson Keith Bell v. Bank of America, N.A., from Lonoke Circuit. Affirmed. Pittman and Hoofman, JJ., agree. DAVID M. GLOVER, JUDGE: CACR11-617. Daniel Weaver v. State of Arkansas, from Crawford Circuit. Rebriefing ordered. Wynne and Brown, JJ., agree. CACR12-227. D’Anthony Williams v. State of Arkansas, from Jefferson Circuit. Affirmed; motion granted. Wynne and Brown, JJ., agree. RAYMOND R. ABRAMSON, JUDGE: CACR11-935. John William Wakeley v. State of Arkansas, from Benton Circuit. Remanded for supplementation of the record; rebriefing ordered; motion to withdraw denied. Vaught, C.J., and Robbins, J., agree. CACR11-988. David Michael Weaver v. State of Arkansas, from Crawford Circuit. Rebriefing ordered; motion to withdraw denied. Vaught, C.J., and Robbins, J., agree. DOUG MARTIN, JUDGE: CACR11-875. Donald Wade Hampton v. State of Arkansas, from Crittenden Circuit. Affirmed; motion to withdraw granted. Hart and Gladwin, JJ., agree. CACR11-913. Mandrake Holmes v. State of Arkansas, from Jefferson Circuit. Affirmed; motion to withdraw granted. Hart and Gladwin, JJ., agree.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 CLIFF HOOFMAN, JUDGE: CACR11-266. Donald Lewis Burton, Sr. v. State of Arkansas, from Benton Circuit. Affirmed as modified. Pittman and Gruber, JJ., agree. CACR11-921. Robert Andrew Terry v. State of Arkansas, from Crittenden Circuit. Motion to withdraw denied; rebriefing ordered. Pittman and Gruber, JJ., agree. WAYMOND M. BROWN, JUDGE: CACR12-115. Freddie Atkins v. State of Arkansas, from Crittenden Circuit. Motion denied; rebriefing ordered. Wynne and Glover, JJ., agree. CA12-250. Travis Cotton v. Arkansas Department of Human Services and Minor Child, from Poinsett Circuit. Affirmed; motion to withdraw granted. Wynne and Glover, JJ., agree.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 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(f). E12-98. Express Liquor v. Director et al. E12-99. Angel Carter v. Director et al. E12-100. Anthony Daniels v. Director et al. E12-101. Allah U. Akbar v. Director et al. E12-102. Julio Portillo v. Director et al. E12-103. Micah Langley v. Director et al. E12-104. Undrea Reed v. Director et al. E12-105. Steven Smith v. Director et al. E12-107. Sharon Golden v. Director et al. E12-108. Carlos Davila v. Director et al. E12-109. Melinda Weaver-Davis v. Director et al. E12-110. Michael Orey v. Director et al.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 PER CURIAM ORDERS REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases. CA11-239. Wayne Welsher, M.D. v. Mercy Health System of Northwest Arkansas, Inc., from Benton Circuit. Hart, J., would grant. CA11-1239. Wanda Louise Mills v. Arkansas State Highway & Transportation Department, Arkansas Insurance Department, and Death & Permanent Total Disability Trust Fund, from the Arkansas Workers’ Compensation Commission. ***************************** CACR09-1250. Shannon D. Williams v. State of Arkansas, from Greene Circuit. Formal order issued August 22, 2012, is withdrawn. CA11-1146. Rachael Bates Zingelman v. Arkansas Department of Human Services, from Randolph Circuit. Appellant's motion to substitute addendum and brief is granted. CA12-395. Rick Ridenoure et al. v. Donald White, from Washington Circuit. Motion of separate Appellee, Crossland Construction Co., to dismiss appeal is granted. Martin, J., not participating. CA12-395. Rick Ridenoure et al. v. Donald White, from Washington Circuit. Motion of separate Appellees Donald White and Karen White to dismiss appeal is granted. Martin, J., not participating. CA12-395. Rick Ridenoure et al. v. Donald White, from Washington Circuit. Motion of Appellee Roll Off Services to dismiss appeal is granted. Martin, J., not participating.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 MOTIONS SUBMITTED The following cases are dismissed for failure to file briefs in accordance with Supreme Court Rule 4-5. CA11-417. James Robertson v. Almyra Farmers Association et al., from Arkansas Workers' Compensation Commission. CA11-434. Patricia Tackett and NZone, LLC v. Marion Shopping Center, from Crittenden Circuit. CA11-607. Sylvia Bell et al. v. Leann Simms et al., from Sebastian Circuit, Fort Smith District. CA11-748. Salvatore Noto v. Maria A. Noto, from Washington Circuit. CA11-923. Clyde Motton, Jr. v. L.L. Cole & Son, Inc., from Arkansas Workers' Compensation Commission. CA11-1077. Robert C. Gamble, III. v. Allan Ray, from Hempstead Circuit. CA11-1100. Marlena Duttko v. Wayne E. Irelan, II, from Sebastian Circuit. CACR12-237. Earnest Larry Stocker v. State of Arkansas, from Cleveland Circuit. Appellant's pro se motion to file a pro se supplemental brief. CACR12-271. Anthony Forster v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time. CA11-1250. Whitney Leone Winn v. Arline Bonds, from Pulaski Circuit, Sixteenth Division. Appellees' motion for additional brief time. CA12-225. Jacqueline R. Curley v. Pilgrims Pride Corporation, from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief. CA12-284. Richie Harral v. Kimbra Sue McGaha, from Craighead Circuit, Eastern District. Appellant's motion for additional brief time.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 SUBMISSIONS CA12-335. Kevin Hollaman v. Wells Fargo Bank, NA, from Pulaski Circuit, Second Division. Appellant's motion for additional brief time. CA12-456. New Balance Athletic Shoe, Inc. v. Elizabeth L. Tuberville, from Ouachita Circuit. Appellant's motion to stay appeal pending settlement. E12-293. Willie Porterfield v. Director et al., from Board of Review. Appellees' motion to correct the record. E12-692. Kalissha Williams v. Director et al., from Board of Review. Motion for belated appeal.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 SUBMISSIONS CACR11-684. Bobby E. Richard v. State of Arkansas, from Desha Circuit. CACR11-813. Deondrae R. Sims v. State of Arkansas, from Jefferson Circuit. CACR11-917. William L. Johnson v. State of Arkansas, from Craighead Circuit, Western District. CACR11-1075. Tom Aaron Dillard v. State of Arkansas, from Washington Circuit. CACR11-1101. Myrickki McClendon v. State of Arkansas, from Pulaski Circuit, First Division. CACR11-1110. Ronald Tywan Jackson v. State of Arkansas, from Lonoke Circuit. CACR11-1119. Eugene Thomas III v. State of Arkansas, from Ashley Circuit. CACR11-1133. Claude C. Smith v. State of Arkansas, from Miller Circuit. CACR11-1137. Partne Kiesling Daugherty v. State of Arkansas, from Pulaski Circuit, Seventh Division. CACR11-1258. Robert Lee Henderson v. State of Arkansas, from Miller Circuit. CACR12-64. Butch Lee Walchli v. State of Arkansas, from Sebastian Circuit, Greenwood District. CA11-566. Gary Howard et al. v. Lauren Adams et al., from Benton Circuit. CA11-1118. Kevin Horton et al. v. Brent Taylor et al., from Searcy Circuit. CA12-58. Allen W. Bird II v. Larry Shaffer, from Washington Circuit. CA12-121. St. Edward Mercy Medical Center et al. v. Leanna Chrisman, from Workers' Compensation Commission. CA12-281. Lisa Lowery v. Arkansas Department of Human Services and Minor Children, from Clark Circuit.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 SUBMISSIONS CA12-282. Fiapopo Apelu v. Arkansas Department of Human Services and Minor Child, from Pulaski Circuit, Eighth Division. CA12-290. Susan Cooper v. Arkansas Department of Human Services and Minor Children, from Hot Spring Circuit. CA12-291. Erica Sanderson v. Arkansas Department of Human Services and Minor Child, from Pulaski Circuit, Eighth Division. CA12-292. Darla Premeaux and Billy Bowman v. Arkansas Department of Human Services and Minor Children, from Franklin Circuit, Northern District. CA12-317. Charlotte Cammack v. Arkansas Department of Human Services and Minor Children, from Craighead Circuit, Western District.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 SUBMISSIONS The following cases are appeals from the Arkansas Board of Review. E12-136. Linda Morrison v. Director et al. E12-137. Vickie Stine v. Director et al. E12-138. Acu Pac Inc. v. Director et al. E12-139. Autumn Roberson v. Director et al. E12-140. Shawn Booker v. Director et al. E12-141. Shawn Clough v. Director et al. E12-142. Joseph Phillips v. Director et al. E12-143. Charles Rubly v. Director et al. E12-144. Franklin Fry v. Director et al. E12-145. Joe Barefield v. Director et al. E12-146. Susan Armstrong v. Director et al. E12-147. Lance Scruggs v. Director et al. E12-148. Gary Tosh v. Director et al. E12-149. Arnetta Pritchard v. Director et al. E12-150. Lawrence Dade III v. Director et al. E12-151. Shanta Steele v. Director et al. E12-152. At Home Care v. Director et al. E12-153. Sharon Mays v. Director et al.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 29, 2012 SUBMISSIONS E12-154. John Bolden v. Director et al. E12-155. Jeri R. Martin v. Director et al. E12-156. Barbara Johnson v. Director et al. E12-157. Brice Russell v. Director et al. E12-158. Phillip Cone v. Director et al. E12-159. Carolyn Langston v. Director et al.