Rasberry v. Ivory (Pittman, J.) CA98-1509

Illegitimate children -- Father's estate; assertion of claim against; chancellor did not err in ruling that appellant failed to establish equitable estoppel. [HTML, WP5.1]

Trucker's Exchange, Inc. v. Border City Foods, Inc. (Roaf, J.) CA98-1433

Business & commercial law -- Obligation to inspect and transport shipment on common carrier; inapplicable here; award to appellee supported by evidence. [HTML, WP5.1]

SUBSTITUTED OPINION ON DENIAL OF REHEARING

Eisner v. Fields (Bird, J.) CA98-1271

New trial -- Granted; abuse of discretion; verdict not clearly contrary to preponderance of evidence; Toney v. Miller overruled; AMI Civ. 603 correct statement of law; error found on one point; order granting new and appeal dismissed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

City of Lewisville v. John E. Hawkins & Assoc., Inc., CA 98-1384 (Griffen, J.), affirmed September 8, 1999.

Columbia Mutual Ins. Co. v. Scantling, CA 99-19 (Meads, J.), affirmed September 8, 1999.

Curtis v. State, CA CR 99-183 (Roaf, J.), affirmed September 8, 1999.

Dukes v. State, CA CR 99-37 (Neal, J.), affirmed September 8, 1999.

Gary v. State, CA CR 98-641 (Robbins, C.J.), affirmed September 8, 1999.

Gibbons v. Prescolite, CA 99-40 (Pittman, J.), affirmed September 8, 1999.

Gilbert v. General Electric Company, CA 98-1461 (Stroud, J.), reversed and remanded September 8, 1999.

Green v. State, CA CR 99-126 (Meads, J.), affirmed September 8, 1999.

Johnson v. ITT Hartford, CA 99-184 (Hart, J.), affirmed September 8, 1999.

Lee v. State, CA CR 99-54 (Griffen, J.), affirmed September 8, 1999.

McClendon v. State, CA CR 98-340 (Jennings, J.), affirmed September 8, 1999.

McWilliams v. Lance, CA 98-1409 (Meads, J.), affirmed September 8, 1999.

Moore v. State, CA CR 99-100 (Crabtree, J.), affirmed September 8, 1999.

Pool v. State, CA CR 98-1403 (Bird, J.), affirmed September 8, 1999.

Reed v. Reed, CA 98-1333 (Neal, J.) affirmed September 8, 1999.

Waits v. Layton, CA 98-1491 (Robbins, C.J.), affirmed September 8, 1999.

Williams v. State, CA CR 99-36 (Stroud, J.), affirmed September 8, 1999.

CASES AFFIRMED WITHOUT OPINION

Bowman v. Director of Labor, E 99-50, September 8, 1999.

Ferren v. Director of Labor, E 99-48, September 8, 1999.

Gibson v. Director of Labor, E 99-42, September 8, 1999.

Harris v. Director of Labor, E 99-44, September 8, 1999.

Lackie v. Director of Labor, E 99-52, September 8, 1999.

Martin v. Director of Labor, E 99-47, September 8, 1999.

McNealy v. Director of Labor, E 99-43, September 8, 1999.

Mensie v. Director of Labor, E 99-46, September 8, 1999.

Pedraza v. Director of Labor, E 99-49, September 8, 1999.

Peveto v. Director of Labor, E 99-51, September 8, 1999.

Scott v. Director of Labor, E 99-45, September 8, 1999.

Seward v. Director of Labor, E 99-41, September 8, 1999.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-641. Danny Lee Gary v. State of Arkansas, from Mississippi Circuit, Osceola District. Affirmed. Neal and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-1491. Melissa Waits (formerly Layton) v. William T. Layton, from Benton Chancery. Affirmed. Neal and Meads, JJ., agree. (7 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CA98-1509. Clayron Gene Rasberry v. Pamela Rasberry Ivory et al., from Jefferson Chancery. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES PUBLISHED)] [HTML, WP5.1]

CA99-40. Sharon Gibbons v. Prescolite, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (2 PAGES UNPUBLISHED)

JOSEPHINE LINKER HART, JUDGE:

CA99-184. Cameron Lee Johnson v. ITT Hartford, from Workers' Compensation Commission. Affirmed. Rogers and Griffen, JJ., agree. (3 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR98-340. Lou Essie McClendon v. State of Arkansas, from Chicot Circuit. Affirmed. Stroud and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-1403. Randy Edward Pool v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR99-36. Latasha Williams v. State of Arkansas, from Garland Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED)

CA98-1461. Lila Gilbert v. General Electric Company, from Craighead Circuit. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (12 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR99-37. Charles Dukes v. State of Arkansas, from Cleveland Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (4 PAGES UNPUBLISHED)

CA98-1333. Andy Reed v. Pamela Reed, from Union Chancery. Affirmed. Robbins, C.J., and Meads, J., agree. (8 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR99-54. Charles Allen Lee v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)

CA98-1384. City of Lewisville, Arkansas v. John E. Hawkins & Assoc., Inc., from Lafayette Circuit. Affirmed. Hart and Rogers, JJ., agree. (5 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR99-100. Wanda Sue Moore v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Jennings and Stroud, JJ., agree. (5 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR99-126. Charles Green v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins, C.J., and Neal, J., agree. (5 PAGES UNPUBLISHED)

CA98-1409. Brian M. McWilliams v. Myron Lance, from Polk Chancery. Affirmed. Robbins, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED)

CA99-19. Columbia Mutual Insurance Company v. Vernon Basil Scantling, Jr. and Rose Roya Lynn Scantling, from Scott Chancery. Affirmed. Robbins, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR99-183. Debra Karen Curtis v. State of Arkansas, from Greene Circuit. Affirmed. Pittman and Bird, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-1433. Trucker's Exchange, Inc. v. Border City Foods, Inc., from Crawford Circuit. Affirmed. Pittman and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

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(b).

E99-41. Jeraldine Seward v. Director et al.

E99-42. Judy L. Gibson v. Director et al.

E99-43. Dennis R. McNealy v. Director et al.

E99-44. Shirley R. Harris v. Director et al.

E99-45. Ricky L. Scott v. Director et al.

E99-46. William J. Mensie v. Director et al.

E99-47. Vera L. Martin v. Director et al.

E99-48. Frances I. Ferren v. Director et al.

E99-49. Sonia L. Pedraza v. Director et al.

E99-50. Kimberly L. Bowman v. Director et al.

E99-51. Debra L. Peveto v. Director et al.

E99-52. Tamara L. Lackie v. Director et al.

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA98-1271. Richard A. Eisner, M.D. and Equivision, Inc. v. Ron Fields, from Sebastian Circuit, Fort Smith District. See substituted opinion this date. (20 PAGES PUBLISHED) [HTML, WP5.1]

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CACR98-641. Danny Lee Gary v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Mikke Connealy Marshall for attorney's fees is granted. Allowed $750.00.

CACR99-37. Charles Dukes, Jr. v. State of Arkansas, from Cleveland Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $750.00.

CACR99-428. Kenneth Turner v. State of Arkansas, from Pulaski Circuit, First Division. Motion to relieve public defender, to stay brief time and to appoint new counsel is granted. William Craig is appointed to represent appellant.

CACR99-523. Charles Dean Kilburn v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal and appellant's motion to file a belated appeal are certified to the Supreme Court. Pittman, J., would dismiss the appeal. Appellant may apply to the Supreme Court for belated appeal.

CACR99-609. Ruby Annette Welch v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for appointment of counsel is denied.

CACR99-851. Robert Louis Ball v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Carl Hopkins to withdraw as counsel for appellant and to stay brief time is denied. See Supreme Court Rule 4-3(j)(1) and Cook v. State, 59 Ark. App. 24, 952 S.W.2d 677 (1997).

CA99-455. Gene McWhorter v. Bernice McWhorter, from Phillips Chancery. Motion of Alvin L. Simes to withdraw as counsel for appellee is granted.

CA99-479. Maria Rivera v. Shelby Group et al., from Workers' Compensation Commission. Appellant's motion for oral argument is granted.

CA99-514. Ginger Montgomery v. Conway Human Development Center et al., from Workers' Compensation Commission. Appellees' motion to file belated brief is granted.

CA99-679. Sherry Heath v. Tony Heath, from Faulkner Chancery. Appellant's petition for writ of certiorari to complete the record is denied.

CA99-713. David W. Cahoon v. Barry Deacon et al., from Craighead Chancery, Western District. Joint motion to seal part of the record is granted. Robbins, C.J., and Hart, Rogers, Neal, and Meads, JJ., would grant in part and deny in part.

CA99-966. Linda Fraizer v. Southern Bag Corporation, from Workers' Compensation Commission. Motion for rule on clerk to lodge transcript is denied. See Anderson v. Seward Luggage Co., 62 Ark. App. 186, 969 S.W.2d 683 (1998).

MOTIONS SUBMITTED

CACR98-1525. Vindella Reed v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of G.B. "Bing" Colvin, III for attorney's fees.

CACR99-981. Doyle Whisenhut v. State of Arkansas, from Sevier Circuit. Motion of Mickey Buchanan to be relieved and to substitute Darrell Brown as counsel for appellant.

CACR99-1007. Richard Strong v. State of Arkansas, from Greene Circuit. Motion of Joseph D. Hughes to withdraw as counsel for appellant.

CA99-73. Nadine B. Philips v. Indian Hills Concerned Property Owners, from Benton Chancery. Appellee's motion for costs.

CA99-435. Beal Bank, SSB v. Larry J. Thornton, from Miller Chancery. Appellant's motion for brief time.

CA99-537. Rita C. Epperson v. Progressive Casualty Insurance Company, from Johnson Circuit. Appellant's motion to supplement the record.

CA99-679. Sherry Heath v. Tony Heath, from Faulkner Chancery. Appellant's motion to file a belated brief.

SUBMISSIONS

CA98-1516. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit. Argued orally.

CA99-34. Juanita Jackson v. Tommy Austin, from Lonoke Probate. Argued orally.

CACR98-187. Toby Patrick Craig v. State of Arkansas, from Nevada Circuit.

CACR98-1460. Billy Ray Perry v. State of Arkansas, from Clark Circuit.

CACR98-1501. Emanuel Sullivan v. State of Arkansas, from Conway Circuit.

CACR99-106. Randy Pankey, Jr. v. State of Arkansas, from Faulkner Circuit.

CACR99-124. Charles Townsend v. State of Arkansas, from Crittenden Circuit.

CACR99-150. Cleveland West v. State of Arkansas, from Pulaski Circuit.

CACR99-188. Louis Eddie Stewart v. State of Arkansas, from Greene Circuit.

CACR99-212. Terrence Briggs v. State of Arkansas, from Pulaski Circuit.

CA97-1440. Arkansas Oklahoma Gas Corporation v. Arkansas Public Service Commission, from Public Service Commission.

CA98-1465. Lydia Robertson v. Jim R. Newell, from Pulaski Circuit, First Division.

CA98-1492. W. Scott Houston v. Linda L. Houston, from Boone Chancery.

CA99-23. Robert T. Williams et al. v. Bill Harmon et al., from Pulaski Chancery, First Division.

CA99-27. Dejohn Ann Hames v. Donald Eugene Hames, from Benton Chancery.

CA99-38. Lilly Kildow v. Baldwin Piano & Organ, from Workers' Compensation Commission.

CA99-44. Sherie Givan v. Sabra Worley, from Faulkner Probate.

CA99-73. Nadine B. Philips v. Indian Hills Concerned Property Owners, from Benton Chancery.

CA99-143. Thomas Rackley Tackett v. McDonald's Corporation, from Pope Circuit.

CA99-170. Charles Howard Freeman v. T & S Sawmill Company et al., from Workers' Compensation Commission.

CA99-220. Delores O'Guinn v. El Dorado Paper Bag Co., from Workers' Compensation Commission.

CA99-259. Patsy Rena Swadley v. Paul Andrew Krugler, from Benton Chancery.

CA99-266. Keith Torrence v. Precision Metal Industry, Inc. et al., from Workers' Compensation Commission.

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

E99-65. Patricia Choals v. Director et al.

E99-66. Lisa Chew v. Director et al.

E99-67. Billy J. Ellison v. Director et al.

E99-70. Pat Holder v. Director et al.

E99-71. Mark Mikolajczyk v. Director et al.

E99-72. Ellis Steve McCoy v. Director et al.

E99-73. Kimberly Ann Saneda v. Director et al.

E99-74. Charles R. Cantwell v. Director et al.

E99-75. Malcolm Hardy v. Director et al.

E99-76. James Milton v. Director et al.

E99-77. Nancy K. Mason v. Director et al.

E99-78. Velpaula R. Strickland v. Director et al.