Opinions delivered
October 28, 1999
Bharodia v. Pledger (Per Curiam) 99-681
Appeal & error -- Motion to strike appellants' supplemental brief denied. [HTML, WP5.1]
Central & Southern Co. v. Weiss (Thornton, J.) 98-407
Statutes -- Ark. Code Ann. § 26-51-805 (Repl. 1997); statute ambiguous; legislative intent was for concepts of federal taxation to apply to Arkansas taxes unless different treatment was prescribed by law; deductions for charitable contributions should be taken at consolidated entity level. [HTML, WP5.1]
Warren v. Kelso (Brown, J.) 98-1540
Civil procedure -- Ruling on preliminary matter does not end separable branch of litigation; order not final for purposes of Ark. R. App. P.--Civ. 2; appeal dismissed without prejudice. [HTML, WP5.1]
Zawodniak v. State (Arnold, C.J.) CR99-594
Appeal & error -- Law of case; holding in prior appeal controlled. [HTML, WP5.1]
Cole v. State, CR 98-791 (Per Curiam), affirmed October 28, 1999.
Gipson v. State, CR 98-911 (Per Curiam), reversed and remanded October 28, 1999.
Grabow v. Rogers, CR 99-1157 (Per Curiam), Pro Se Petition for Writ of Mandamus moot October 28, 1999.
Lewis v. State, CR 99-657 (Per Curiam), Pro Se Motion to File Substituted Abstract and Brief granted; Motion for Photocopy of Trial Transcript treated as motion for access to appeal record and granted October 28, 1999.
McGhee v. State, CR 99-554 (Per Curiam), Pro Se Motion to Amend Appellant's Brief; granted October 28, 1999.
Morris v. State, CR 97-1003 (Per Curiam), Motion for Reconsideration; denied October 28, 1999.
Randall v. State, CR 77-59 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense; denied October 28, 1999.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR99-594. Adrian Juergen Zawodniak v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
98-1540. William S. Warren, Jr. and Rebecca K. Warren v. Douglas Wayne Kelso d/b/a The Kelso Firm et al., from Garland Chancery. Appeal Dismissed Without Prejudice. (5 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
98-407. Central & Southern Companies, Inc. v. Richard A. Weiss, Director, Arkansas Department of Finance & Administration, from Pulaski Chancery, Fourth Division. Reversed and Remanded. Special Associate Justice Jay Shell joins in this opinion. Imber, J., dissents. Brown, J., not participating. (10 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-791. Harry L. Cole v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (5 PAGES UNPUBLISHED)
CR98-911. David Earl Gipson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Reversed and Remanded. (3 PAGES UNPUBLISHED)
REVIEW GRANTED: Petition for review was granted today in the following case.
99-858. Vernon Woodall v. Hunnicutt Construction, from Workers' Compensation Commission.
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99-1126. Harold Rigsby v. Brett Rigsby, from Logan Chancery, Northern District. Motion for rule on the clerk and motion to dismiss without prejudice. Briefing schedule ordered.
CR98-411. Walter Anthony Webb v. State of Arkansas, from Greene Circuit. Motion to withdraw as counsel of record is granted.
CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Appellant's motion to waive abstracting requirement as to videotape is granted.
CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Appellant's motion to consolidate records is granted.
CR99-820. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for extension of time to file brief. Granted 30 days from time transcript supplemented. (Final extension).
CR99-820. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's petition for writ of certiorari to complete the record is granted.
99-665. Arkansas Tech University et al. v. Michael A. Link et al., from Pope Chancery. Appellees' motion to strike appellants' statement of case is denied.
99-681. Tulsi K. Bharodia et al. v. Norman Pledger and Linda Pledger, from Pulaski Chancery, Third Division. Appellees' motion to strike appellants' supplemental brief. Motion denied. Briefing schedule set. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. United States' motion for voluntary dismissal of cross-appeal is granted. Thornton, J., not participating.
99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Appellees' motion for an expansion of the page limit is granted. Thornton, J., not participating.
99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Appellant's motion for oral argument is granted. Corbin and Imber, JJ., not participating.
99-884. David Davison v. Honorable Karen Baker, Judge, from Searcy Chancery. Appellant's motion to consolidate cases before this court and to render decision as to jurisdiction of trial court, or in the alternative to combine cases for the purposes of writ of certiorari to United States Supreme Court is denied.
99-1190. Ted R. Pittman et al. v. Huey Bullington et al., from Washington Circuit. Motion for rule on clerk is granted.
99-1197. Keith P. Miller v. Honorable Ellen B. Brantley, Judge, from Pulaski Chancery, Fifth Division. Motion for expedited hearing and stay and writ of prohibition. Moot.
99-1197. Keith P. Miller v. Honorable Ellen B. Brantley, Judge, from Pulaski Chancery, Fifth Division. Petition for writ of prohibition is denied.
CR99-1074. Bufford McDonald v. Honorable John S. Patterson, Judge, from Pope Circuit. Pro se petition for writ of prohibition and amended petition for writ of prohibition is denied without prejudice.
CR99-1074. Bufford McDonald v. Honorable John S. Patterson, Judge, from Pope Circuit. Pro se motion for additional records and temporary delay of final decision and pro se amended motion for additional records and temporary delay of final decision is denied.
CR99-1074. Bufford McDonald v. Honorable John S. Patterson, Judge, from Pope Circuit. Pro se motion for oral argument is denied.
99-1262. The Arkansas Public Defender Commission v. Honorable David Burnett, from Craighead Circuit, Western District. Motion for expedited consideration granted. Corbin, J., not participating.
99-1262. The Arkansas Public Defender Commission v. Honorable David Burnett, from Craighead Circuit, Western District. Petition for writ of prohibition. Proceedings stayed. Clerk to set briefing schedule on issues raised including jurisdictional issues. Corbin, J., not participating.
CR77-59. Wilbert Randall v. State of Arkansas, from Jefferson Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-1003. Thomas Edward Morris v. State of Arkansas, from Faulkner Circuit. Motion for reconsideration. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-554. Monroe McGhee v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion to amend appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED)
CR99-657. Arthur Lewis v. State of Arkansas, from Mississippi Circuit, Blytheville District. Pro se motion to file substituted abstract and brief and motion for photocopy of trial transcript. Motion to file substituted abstract and brief granted; motion for photocopy of trial transcript treated as motion for access to appeal record and granted. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-1157. Charles Grabow v. Honorable Floyd Rogers, Judge, from Crawford Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)
PETITIONS FOR REVIEW:
99-1180. Janice Kimberly May v. Robert D. May, Jr., from Lee Chancery.
99-1181. Charles Freeman v. T & S Sawmill Company, from Workers' Compensation Commission.
99-1198. Christy Evans v. Jim Evans, from Craighead Chancery, Western District.
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CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record and to stay briefing schedule.
CR99-1102. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and to stay briefing schedule.
CR99-1222. Milton Thomas King v. State of Arkansas, from Lonoke Circuit. Motion for rule on the clerk.
99-335. American Civil Liberties Union of Arkansas, Inc. v. State of Arkansas and James Stanley, from Sebastian Circuit, Greenwood District. Appellee's motion for attorney's fees and costs.
99-816. Bobby Ullom and Angie Ullom v. Arkansas Department of Human Services, from Benton Circuit. Motion to intervene.
99-1219. James E. Wilmans, Jr. v. Honorable Tom L. Hilburn, Judge et al., from Jackson Chancery. Petition for writ of prohibition.
99-1219. James E. Wilmans, Jr. v. Honorable Tom L. Hilburn, Judge et al., from Jackson Chancery. Petition for temporary writ of prohibition.
CR98-33. Bobby D. Weaver v. State of Arkansas, from Fulton Circuit.
CR98-1498. Howard Dean v. State of Arkansas, from Perry Circuit.
99-152. Roy Allen Skelton v. Kathy Diane Skelton, from Washington Chancery.
99-335. American Civil Liberties Union of Arkansas, Inc. v. State of Arkansas and James Stanley, from Sebastian Circuit, Greenwood District.
99-376. Richard Weiss, Director, Department of Finance and Administration et al. v. Dan Melton, from Pulaski Chancery, Second Division.
99-477. Wayne Spears v. Barbara Spears, from Jefferson Circuit.