Court of Appeals

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 ROBERT J. GLADWIN, CHIEF JUDGE: CR-14-997. Claude Smith v. State of Arkansas, from Pulaski County Circuit Court, First Division. Affirmed. Virden and Brown, JJ., agree. RAYMOND R. ABRAMSON, JUDGE: CR-14-499. Lester Phillips v. State of Arkansas, from Jefferson County Circuit Court. Affirmed. Gruber and Hoofman, JJ., agree. BART J. VIRDEN, JUDGE: CV-14-733. Ruth Jacobs v. Derek Collison, from Washington County Circuit Court. Appeal dismissed. Gladwin, C.J., and Brown, J., agree. BRANDON J. HARRISON, JUDGE: CV-11-1243. Ryan Roggasch and Elite Homes of Arkansas, Inc. v. Tasha Sims and John Sims, from Saline County Circuit Court. Remanded to settle and supplement the record; rebriefing ordered. Kinard and Glover, JJ., agree. M. MICHAEL KINARD, JUDGE: CV-15-145. Mitzi Molgado Plascencia v. Arkansas Department of Human Services, from Pulaski County Circuit Court, Eighth Division. Affirmed; motion to withdraw granted. Harrison and Glover, JJ., agree. RITA W. GRUBER, JUDGE: CV-15-190. William Ramirez v. Arkansas Department of Human Services; J.R., a Minor; and H.R., a Minor, from Sebastian County Circuit Court, Fort Smith District. Affirmed; motion granted. Abramson and Hoofman, JJ., agree. DAVID M. GLOVER, JUDGE: CV-14-930. Rochelle Thompson and Timothy Thompson v. Tyson Foods, Inc., from Jefferson County Circuit Court. Reversed and remanded. Harrison and Kinard, JJ., agree.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 PHILLIP T. WHITEAKER, JUDGE CV-15-52. Jennifer Brown v. Arkansas Department of Human Services and Minor Child, from Garland County Circuit Court. Motion to withdraw denied; rebriefing as a merit appeal ordered. Vaught and Hixson, JJ., agree. LARRY D. VAUGHT, JUDGE: CR-14-1002. Jimmy Northern v. State of Arkansas, from Mississippi County Circuit Court, Chickasawba District. Affirmed. Whiteaker and Hixson, JJ., agree. KENNETH S. HIXSON, JUDGE: CR-14-1014. Dustin Wayne Brown v. State of Arkansas, from Garland County Circuit Court. Affirmed. Whiteaker and Vaught, JJ., agree. CLIFF HOOFMAN, JUDGE: CR-14-1028. Louis Richard v. State of Arkansas, from Howard County Circuit Court. Affirmed. Abramson and Gruber, JJ., agree. 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). E-15-59. Jewel Foster v. Director et al. E-15-60. Tammy Alexander v. Director et al. E-15-61. Terry Lay v. Director et al. E-15-62. Sheila Johnson v. Director et al. E-15-63. Leonard Fells v. Director et al. E-15-64. Lisa Smith v. Director et al. E-15-65. Alisha McNew v. Director et al.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 E-15-66. Monte Whitmire v. Director et al. E-15-67. Linda Rideout v. Director et al. E-15-68. Linda Haney v. Director et al. E-15-70. Blanca Elizarraras v. Director et al. E-15-71. Vicky Henderson v. Director et al. E-15-72. Angelia Butler v. Director et al. E-15-73. Evelyn Jones v. Director et al. E-15-74. Donald Washington v. Director et al. E-15-75. Joseph Lay v. Director et al. E-15-76. Booker Williams, Jr. v. Director et al. E-15-77. Cameron Snow v. Director et al. E-15-78. Architectural Products, Inc. v. Director et al. E-15-79. Kathleen Malone v. Director et al. E-15-80. Arabia Jackson v. Director et al. E-15-81. Deborah Jordan v. Director et al. E-15-82. Jeremiah Clark v. Director et al. E-15-83. Rickey Brown v. Director et al. E-15-84. Angela Bagby v. Director et al. E-15-85. Evans Brooks v. Director et al. E-15-86. Seaquina Parks v. Director et al. E-15-87. Oluwafemi Onipe v. Director et al.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 E-15-89. Tara McCabe v. Director et al. E-15-90. Tammy Crowder v. Director et al. E-15-91. Antwoine Thomas v. Director et al. E-15-92. Courtland Jennings v. Director et al. E-15-93. Allen MacMillan v. Director et al. E-15-94. Billy Hogshooter, Jr. v. Director et al. E-15-95. Vicky Williams v. Director et al. E-15-96. Linda Bouey v. Director et al. E-15-97. Guillermo Gutierrez v. Director et al. E-15-98. W.L. Ward v. Director et al. E-15-99. Treci Holt v. Director et al. E-15-100. Robert Ewans v. Director et al. E-15-101. Charles Brock v. Director et al. E-15-102. Pamela Martin v. Director et al. E-15-103. Juan Furlan v. Director et al. E-15-104. Tiffany Goza v. Director et al. E-15-105. Patricia Maddox v. Director et al. E-15-106. Tyrone Locke v. Director et al. E-15-108. Charles Lindsey v. Director et al. E-15-109. Robert Brawner v. Director et al.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 PER CURIAM ORDERS CR-14-742. Israel Watson v. State of Arkansas, from Miller County Circuit Court. Appellant’s motion for extension of time to file brief is granted. CR-15-307. Richard Randal Kourakis v. State of Arkansas, from Sharp County Circuit Court. Appellee’s unopposed motion to file substituted brief is granted. CR-15-309. Jessica Denae Johnson v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellant’s motion for appointment of counsel. Appeal dismissed. Vaught and Hixson, JJ., would deny. CR-15-313. Jessica Denae Johnson v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellant’s motion for appointment of counsel. Appeal dismissed. Vaught and Hixson, JJ., would deny. CV-14-871. Target Corporation v. Rene Bumgarner, from the Arkansas Workers’ Compensation Commission. Appellee’s motion for an award of attorney’s fees is granted. Allowed $750.00. CV-15-323. Thresa Kay Shamburger v. Robert Shamburger et al., from Faulkner County Circuit Court. Appellant’s motion to supplement the record is granted. CV-15-350. Thomas Ural Fallin III v. Kathy LeeAnne Fallin, from Columbia County Circuit Court. Appellant’s motion for extension of time to settle the record and file corrected record is granted. Kinard, J., not participating. CV-15-460. Patricia Charlene DiCenso et al. v. Robert W. Klock et al., from Benton County Circuit Court. Appellants’ combined motion to remand to correct the record or alternative petition for writ of certiorari to complete the record and motion to extend time or stay the briefing schedule is remanded to the circuit court to settle the record. CV-15-569. John Wilson v. Vickie Wilson, from Benton County Circuit Court. Appellant’s unopposed motion to seal record is granted. E-15-288. Maresha Williams v. Director et al., from the Arkansas Board of Review. Pro se motion to add additional evidence is denied.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 MOTIONS SUBMITTED CR-15-540. James A. Hall v. State of Arkansas, from Drew County Circuit Court. Pro se motion to replace court appointed attorney for ineffective legal counsel and appointment of new attorney for appeal. CR-15-617. Jamie McCall v. State of Arkansas, from Faulkner County Circuit Court. Pro se motion for appointment of counsel. CR-15-657. David Adam Johnson v. State of Arkansas, from Independence County Circuit Court. Motion of Jill Blankenship to be relieved as attorney of record. CR-15-657. David Adam Johnson v. State of Arkansas, from Independence County Circuit Court. Entry of appearance of Jeremy B. Lowrey and motion/response regarding trial counsel’s motion to withdraw. CV-15-41. Francis Wise v. Village Inn and Truck Insurance Exchange, from the Arkansas Workers’ Compensation Commission. Appellant’s motion for an award of attorney’s fees. CV-15-552. Kimberly L. Fowler v. Kenneth R. Hendrix, from Craighead County Circuit Court, Western District. Appellant’s application for supersedeas bond. CV-14-699. Nucor Steel-Arkansas and Nucor-Yamato Steel Company v. Arkansas Pollution Control & Ecology Commission and Big River Steel, LLC, from Mississippi County Circuit Court, Osceola District. Appellants’ motion for leave for additional time for oral argument. E-15-470. Lisa Stewart v. Director et al., from the Arkansas Board of Review. Pro se motion for belated appeal.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 CASES SUBMITTED CV-14-359. Yosef Kapach v. Bettine Field Carroll, from Marion County Circuit Court. Orally argued. CR-14-678. Calvin Tatum v. State of Arkansas, from Monroe County Circuit Court. CR-14-832. Mark Morris v. State of Arkansas, from Benton County Circuit Court. CR-14-1022. Leopoldo D. Apodaca v. State of Arkansas, from Union County Circuit Court. CR-14-1047. Jimmy Europe v. State of Arkansas, from Sevier County Circuit Court. CR-15-151. Terry L. McCoy v. State of Arkansas, from Jefferson County Circuit Court. CR-15-211. J’Donta Delmarco Britt v. State of Arkansas, from Washington County Circuit Court. CV-14-679. Gary Cross, Brenda Cross, David Cross, Agnes Cross, Vickie Thomas, Estate of William F. Thomas, George C. Batte, and Nelda Lee Batte v. Western Waste Industries, Western Waste Industries of Texas, Inc.; Waste Management, Inc.; and Denise Philyaw, from Miller County Circuit Court. CV-14-710. William Whittenburg v. John R. Moody and Sandra O. Moody, from Prairie County Circuit Court, Southern District. CV-14-914. Jasmine Holloway v. Arkansas Department of Human Services and Minor Child, from Garland County Circuit Court. CV-14-937. Robyn Husky and Janice Marie v. Billy Husky, from Drew County Circuit Court. CV-14-1015. Odyssey Healthcare Operating A. LP d/b/a Odyssey Healthcare of Little Rock v. Arkansas Department of Human Services, Division of Medical Services, from Pulaski County Circuit Court, Sixth Division. CV-14-1064. Kendra Davenport Cotton v. Helen M. Robinson, from Pulaski County Circuit Court, Thirteenth Division. CV-15-39. Kelly F. Jones v. Michael J. Jones, from Lonoke County Circuit Court.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 CASES SUBMITTED CV-15-56. Mai Sawada v. Wal-Mart Stores, Inc., from Pope County Circuit Court. CV-15-66. Joshua M. Sanders v. Tyler Savage and Janice Savage, from Boone County Circuit Court. CV-15-82. University of Arkansas at Pine Bluff and Public Employee Claims Division v. Ronnie Whitty, from the Arkansas Workers’ Compensation Commission. CV-15-118. Kenyghatta Davis v. City of Blytheville, Arkansas, from Mississippi County Circuit Court, Chickasawba District. CV-15-136. Cheryl Gerking and Miles Gerking v. Brian Hogan, from Polk County Circuit Court. CV-15-160. Neal McNutt and Lauren McNutt v. Kenyon Hostetler, Josie Hostetler, Arkansas Department of Human Services, and Minor Child, from Sebastian County Circuit Court, Fort Smith District. CV-15-196. Tim Whaley v. Pam Beckham and Don Beckham, from Lonoke County Circuit Court. CV-15-251. Kristina Singleton v. Arkansas Department of Human Services and Minor Children, from Scott County Circuit Court. CV-15-269. Teresa Whittiker v. Arkansas Department of Human Services and Minor Children, from Pulaski County Circuit Court, Eighth Division. CV-15-271. Heather Knuckles v. Arkansas Department of Human Services and Minor Children, from Greene County Circuit Court.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 CASES SUBMITTED The following cases are appeals from the Arkansas Board of Review. E-15-135. James Timm v. Director et al. E-15-136. Tommy Powell v. Director et al. E-15-137. Loretta Michael v. Director et al. E-15-138. Amber Von Ruden v. Director et al. E-15-139. Ryan Utter v. Director et al. E-15-140. Michael Hendrix v. Director et al. E-15-141. Coridally Baggies v. Director et al. E-15-142. Jonathan Towle v. Director et al. E-15-143. Mitchell Wilkerson v. Director et al. E-15-144. Dennis Clardy v. Director et al. E-15-146. LaShay Johnson v. Director et al. E-15-147. Thomas Stone v. Director et al. E-15-148. Albert Brown v. Director et al. E-15-149. Steven Dyer v. Director et al. E-15-150. David Ellis v. Director et al. E-15-151. James Wilson v. Director et al. E-15-152. Sanjay Johnson v. Director et al. E-15-153. Lajuan Brown v. Director et al. E-15-154. Christa Frank v. Director et al.

ARKANSAS COURT OF APPEALS PROCEEDINGS OF AUGUST 26, 2015 CASES SUBMITTED E-15-155. Timmie Cunningham v. Director et al. E-15-156. Frank James, Sr. v. Director et al. E-15-157. Jane Collins v. Director et al. E-15-158. Mailco USA v. Director et al. E-15-159. Tamara Thomas v. Director et al.