ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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65 Ark. App.

Opinions delivered
February 10, 1999


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Arkansas Dep't of Human Servs. v. Southerland (Stroud, J.) CA98-398
Juveniles -- Foster care; juvenile court order directing payment of appellee for providing foster care reversed and dismissed for lack of statutory authority. [HTML, WP5.1]

Cyphers v. United Parcel Serv. (Meads, J.) CA98-498
Appeal & error -- Abstract insufficient; case remanded for rebriefing. [HTML, WP5.1]

Seward v. Bud Avants Co. (Bird, J.) CA98-906
Workers' compensation -- Later opinion merely calculated amount of attorney's fee; issue not barred by res judicata; fee-splitting and lump-sum statutes; Commission's calculation of portion of fee to be paid by appellant reversed and remanded; Commission's calculation of portion of fee chargeable to employer affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas Land Agency, Inc. v. Pope, CA 97-1432 (Griffen, J.), affirmed February 10, 1999.

Bland v. Mead Containerboard, CA 97-1472 (Rogers, J.), affirmed September 9, 1996.

Canada v. State, CA CR 98-854 (Bird, J.), affirmed February 10, 1999.

Eddins v. Style Optics, Inc., CA 98-862 (Crabtree, J.), dismissed February 10, 1999.

Flinn v. State, CA CR 98-223 (Stroud, J.), affirmed February 10, 1999.

Hobbs v. State, CA CR 98-903 (Neal, J.), reversed and remanded February 10, 1999.

Hopper v. Daniel, CA 98-823 (Jennings, J.), appeal dismissed February 10, 1999.

Humerickhouse v. Johnson, CA 98-554 (Robbins, C.J.), affirmed February 10, 1999.

Hutchins v. Hutchins, CA 97-429 (Roaf, J.), affirmed February 10, 1999.

Kent v. Fre-Mac Indus., CA 98-572 (Griffen, J.), affirmed February 10, 1999.

Mid-South Road Builders, Inc. v. Norwood, CA 98-170 (Neal, J.), affirmed February 10, 1999.

Moore v. State, CA CR 98-464 (Crabtree, J.), affirmed February 10, 1999.

Moshner v. Dugan, CA 98-768 (Bird, J.), reversed and remanded February 10, 1999.

Myrick v. Myrick, CA 98-400 (Jennings, J.), affirmed February 10, 1999.

Starks v. State, CA CR 98-837 (Robbins, C.J.), affirmed February 10, 1999.

Wiggins v. State, CA CR 98-570 (Meads, J.), affirmed February 10, 1999.

Wiley v. State, CA CR 98-592 (Roaf, J.), affirmed February 10, 1999.

Williams v. State, CA CR 98-591 (Pittman, J.), affirmed February 10, 1999.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-837. Derrick Eugene Starks v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Bird and Meads, JJ., agree. (6 PAGES UNPUBLISHED)

CA98-554. Harold Humerickhouse and Barbara Humerickhouse v. Michael L. Johnson and Bobbie Johnson, from Johnson Circuit. Affirmed. Bird and Meads, JJ., agree. (7 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR98-591. John Wesley Williams and Alfred Brown v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Hart and Neal, JJ., agree. (2 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CA98-400. Kathryn Ann Myrick v. Richard Dale Myrick, from Garland Chancery. Affirmed. Bird and Roaf, JJ., agree. (11 PAGES UNPUBLISHED)

CA98-823. John Henry Hopper and Betty J. Hopper v. Tom Daniel et al., from Yell Chancery. Appeal Dismissed. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-854. Michael Todd Canada v. State of Arkansas, from Washington Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED)

CA98-768. John T. Moshner et al. v. Goldie Dugan et al., from Sebastian Chancery, Greenwood District. Reversed and Remanded. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED)

CA98-906. Jerry Seward v. The Bud Avants Company, Employer et al., from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Robbins, C.J., and Meads, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CA97-1472. Theodore Bland v. Mead Containerboard, from Workersț Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR98-223. Richard Flinn v. State of Arkansas, from Johnson Circuit. Affirmed. Jennings and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)

CA98-398. Arkansas Department of Human Services v. Reuben Southerland, from Jefferson Chancery, Juvenile Division. Reversed and Dismissed. Robbins, C.J., and Jennings, J., agree. Crabtree, J., concurs. Rogers and Meads, JJ., dissent. [5 PAGES + 1 PAGE CONCURRENCE + 5 PAGES DISSENT (ROGERS) + 2 PAGES DISSENT (MEADS) PUBLISHED] [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR98-903. Jerrell Dewayne Hobbs v. State of Arkansas, from Arkansas Circuit. Reversed and Remanded. Pittman and Hart, JJ., agree. (4 PAGES UNPUBLISHED)

CA98-170. Mid-South Road Builders, Inc. v. Freddye M. and Gerald Norwood, from Pulaski Chancery, Third Division. Affirmed. Pittman and Hart, JJ., agree. (4 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CA97-1432. Arkansas Land Agency, Inc., Brian L. Grizzle and Jennifer R. Grizzle v. Dale Pope, Sherry Pope, D.B. Sills, and Alice Sills, from Crawford Chancery. Affirmed. Jennings and Stroud, JJ., agree. (12 PAGES UNPUBLISHED)

CA98-572. Susan M. Kent v. Fre-Mac Industries, from Workersț Compensation Commission. Affirmed. Jennings and Stroud, JJ., agree. (7 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR98-464. Tony L. Moore v. State of Arkansas, from Lincoln Circuit, Third Division. Affirmed. Rogers and Roaf, JJ., agree. (2 PAGES UNPUBLISHED)

CA98-862. Betty B. Eddins, Administratrix v. Style Optics, Inc., from Pulaski Probate. Dismissed. Rogers and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR98-570. Cynthia Wiggins v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (7 PAGES UNPUBLISHED)

CA98-498. Rebekah Priest Cyphers v. United Parcel Service, from Workers' Compensation Commission. Remanded for Rebriefing. Robbins, C.J., and Bird, J., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR98-592. Cory Wiley v. State of Arkansas, from Pulaski Circuit. Affirmed. Rogers and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

CA97-429. Albert Curtis Hutchins v. Karen Ruth Hutchins, from Ouachita Chancery. Affirmed. Rogers and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED)

Per Curiam Orders

REHEARING DENIED: Petitions for Rehearing were denied today in the following cases.

CA98-204. Lynne Simonetti Newman et al. v. Marie B. McCaskill et al., from Crittenden Chancery.

E98-53. Susan G. Roberts v. Director et al., from Board of Review. Hart, J., would grant.

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CACR98-613. Jon David Browning v. State of Arkansas, from Jefferson Circuit. Appellee's motion for brief time. Granted.

CACR98-994. Joseph Lee Stephens v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion for reconsideration of motion to proceed pro se. Granted, subject to filing of affidavit refusing the services of attorney on appeal.

CACR98-1135. Eric Davis v. State of Arkansas, from Scott Circuit. Appellee's motion to dismiss appeal. Denied.

CACR98-1135. Eric Davis v. State of Arkansas, from Scott Circuit. Appellant's motion to file a belated brief and for brief time. Granted. Brief due in thirty days.

CACR98-1164. Korey Markeith Gregory v. State of Arkansas, from Miller Circuit. Appellant's motion to file a substituted brief. Granted.

CACR98-1449. Larry Black v. State of Arkansas, from Mississippi Circuit. Motion of John H. Bradley for attorney's fees. Granted. Allowed $600.00.

CACR98-1498. Howard Dean v. State of Arkansas, from Perry Circuit. Appellant's motion to file a belated brief and for brief time. Granted. Brief due in thirty days.

CACR98-1502. Rena Jordan v. State of Arkansas, from Washington Circuit. Motion of Bill J. Jones to be substituted as counsel for appellant and for brief time. Denied without prejudice.

CA98-384. Roy Rich v. Phycor of Fort Smith, from Workers' Compensation Commission. Appellant's motion for attorney's fees. Granted.

CA98-1140. James Munhall v. State of Arkansas, from Pope Chancery. Appellant's motion to certify to the Supreme Court. Granted.

CA98-1520. Crawford & Lewis v. Boatmen's Trust Company of Arkansas, Inc., from Pulaski Chancery, First Division. Appellant's motion to supplement the record. Remanded to the trial court to settle the record within thirty days. Neal and Griffen, JJ., not participating.

Motions Submitted

PETITIONS FOR REHEARING:

CA98-249. David R. Tilley et ux. v. Steven W. Smith et ux., from Pope Chancery.

CA98-409. Stacy Abram, Jr. v. Cathy Moore, from Crittenden Chancery.

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CACR97-1248. Michael T. Scroggins v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR97-1487. Billi Jo Dodson v. State of Arkansas, from Faulkner Circuit. Motion of George R. Spence for attorney's fees.

CACR98-526. Chandra Biggs v. State of Arkansas, from Clark Circuit. Motion of Alan J. LeVar for attorney's fees.

CACR98-368. Robert Charles Oliver v. State of Arkansas, from Pulaski Circuit. Motion of William A. McLean for attorney's fees.

CACR98-883. Victor Wayne Wolfe v. State of Arkansas, from Pope Circuit. Appellee's motion to file a belated brief.

CACR98-1095. Cornell Davis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.

CACR98-1200. Tommie Smith v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to proceed pro se.

CACR98-1386. Jerry Davie v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CACR98-1412. Lisa A. Joiner v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

CACR98-1523. Kendrick Thompson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to complete the record and to stay brief time.

CACR99-52. James Miller v. State of Arkansas, from Nevada Circuit. Appellant's pro se motion to supplement the record. CA98-822. Dennis Joslin v. Leonard Lavern Long et al., from Jackson Circuit. Appellant's motion requesting oral argument and for hearing on motion to dismiss filed by appellees.

CA98-1244. Subiaco Abbey et al. v. Emma G. Green, from Workers' Compensation Commission. Appellants' motion to file a belated reply brief.

CA98-1246. Ed A. Kubisty et ux. v. Roger Gray, from Pulaski Chancery. Appellee's motion for brief time.

CA98-1492. W. Scott Houston v. Linda L. Houston, from Boone Chancery. Appellant's motion to correct the record and for brief time.

CA98-1514. James Munson v. Kathy Munson (Zimmerman), from Faulkner Chancery. Appellant's pro se motion for appointment of counsel.

CA98-1524. Mike Grimes v. Deanna Grimes, from Craighead Chancery, Western District. Appellant's motion to supplement the record.

CA99-15. Paula A. Davis v. John S. Marlar et al., from Ouachita Chancery. Appellant's motion to stay briefing schedule.

CA99-81. Robert Nelson v. Hunter Carruth, from Izard Circuit. Appellee's motion to dismiss appeal.

E99-5. Jodie Robison v. Director et al., from Board of Review. Appellees' motion to dismiss appeal.

E99-6. Randy K. Isom v. Director et al., from Board of Review. Appellees' motion to dismiss appeal.

E99-16. American Physical Therapy Center, Inc. v. Director et al., from Board of Review. Motion for belated appeal.

E99-18. Jerry L. Black v. Director et al., from Board of Review. Motion for belated appeal.

Submissions

CACR98-244. Flynt W. Ray v. State of Arkansas, from Marion Circuit. Argued orally.

CA98-648. Denise M. Bitzer (Faucher) et al. v. Lon Bitzer et al., from Pulaski Chancery, Fifth Division. Argued orally.

CA98-766. Allyson Hunt v. Bryan Hunt, from Washington Chancery. Argued orally.

CACR98-478. George Mitchell Moore v. State of Arkansas, from Yell Circuit.

CACR98-503. Thurman Odis Hamaker v. State of Arkansas, from Bradley Circuit.

CACR98-527. Alpatrick Shaw v. State of Arkansas, from Columbia Circuit.

CACR98-535. Marvin Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-672. Louis Wray v. State of Arkansas, from Union Circuit.

CACR98-802. Alex Vawn Peterson v. State of Arkansas, from Baxter Circuit.

CACR98-950. R.B. Helms v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR98-968. Travis Brown v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA97-1470. Robert L. Witherspoon v. Department of Correction, from Workers' Compensation Commission.

CA98-348. Tommy Orr et al. v. Arkansas National Bank, from Benton Chancery.

CA98-568. Jane B. Anderson et al. v. Albert E. Holliday et al., from St. Francis Chancery.

CA98-630. Arleta Sheffield v. Ricky Teague, from Crawford Chancery.

CA98-723. Dana K. Kuykendall v. American National Property & Casualty, from Pulaski Circuit, Third Division.

CA98-754. Ode Ward v. Mike Adams et al., from Craighead Chancery, Eastern District.

CA98-773. John B. Clark v. Jean Clark, from Phillips Chancery.

CA98-819. Fred Dunavant v. Melissa Dunavant, from Faulkner Chancery.

CA98-829. Triple D-R Development (LLC) v. FJN Contractors, Inc., from Grant Chancery.

CA98-836. Patricia M. Parsley v. Randel L. Parsley, from Washington Chancery.

CA98-900. Meverine Casey v. Randall Casey, from Faulkner Probate.

CA98-927. Judy Beaver v. Benton County Child Support Unit, from Workers' Compensation Commission.

CA98-1001. Robert Carrington v. Excelsior Hotel, from Workers' Compensation Commission.

The following cases are appeals from the Arkansas Board of Review.

E98-237. Jackie Myers v. Director et al.

E98-238. Gary L. Wright v. Director et al.

E98-239. Maggie Brown v. Director et al.

E98-241. Sharon D. Bunch v. Director et al.

E98-242. Tellis R. Payton v. Director et al.

E98-243. Gail L. Johnson v. Director et al.

E98-244. Duwayne Horner v. Director et al.

E98-245. Earle Weatherford v. Director et al.

E98-246. Aubrey W. Brannon v. Director et al.

E98-248. Todd D. Cooper v. Director et al.

E98-249. Buford L. Lowe v. Director et al.

E98-252. Derrick D. Williams v. Director et al.