Heartland Community Bank v. Holt (Robbins, C.J.) CA99-360

Vendor & purchaser -- Option; subsequent unconditional acceptance will not revive; attachment of conditions amounts to rejection; trial court erred in failing to find rejection. [HTML, WP5.1]

Barnett v. State (Crabtree, J.) CACR99-117

Evidence -- Evidence sufficient to sustain appellant's conviction; affirmed. [HTML, WP5.1]

Tackett v. McDonald's Corp. (Crabtree, J.) CA99-143

Contracts -- Game rules unambiguous; grant of summary judgment not error; appellant had no ownership interest; trial court properly dismissed conversion claims. [HTML, WP5.1]

Arnold v. State, CA CR 99-35 (Robbins, C.J.), affirmed November 3, 1999.

Bailey v. State, CA 99-700 (Per Curiam), Appellee's Motion to Dismiss Appeal denied; Daniel Becker Substituted as Attorney for Appellant November 3, 1999.

Barfield v. State, CA CR 99-233 (Crabtree, J.), affirmed November 3, 1999.

Brooks v. Arkansas Dep't of Human Servs., CA 99-303 (Robbins, C.J.), dismissed November 3, 1999.

Chapman v. State, CA 99-204 (Crabtree, J.), affirmed November 3, 1999.

England v. Sara Lee Hosiery, CA 99-105 (Bird, J.), affirmed November 3, 1999.

Evants v. Snider Telecom, CA 99-175 (Jennings, J.), affirmed November 3, 1999.

Hirrill v. Director, E 99-110 (Hart, J.), reversed and remanded November 3, 1999.

Howard v. Dr. Pepper Bottling Co., CA 99-505 (Stroud, J.), affirmed November 3, 1999.

Jackson v. State, CA CR 99-325 (Roaf, J.), affirmed November 3, 1999.

Moses v. State, CA CR 98-1489 (Bird, J.), affirmed November 3, 1999.

Partee v. Washington, CA 99-457 (Crabtree, J.), affirmed November 3, 1999.

Perry v. State, CA CR 98-1460 (Pittman, J.), affirmed November 3, 1999.

Poyner v. Arkansas Contractors Licensing Bd., CA 98-952 (Jennings, J.), affirmed November 3, 1999.

Richmond v. PMT, L.L.C., CA 99-282 (Hart, J.), affirmed November 3, 1999.

Wal-Mart Stores, Inc. v. Godfrey, CA 99-510 (Neal, J.), affirmed November 3, 1999.

Watson v. State, CA CR 99-252 (Crabtree, J.), affirmed November 3, 1999.

Weems v. State, CA CR 99-439 (Hart, J.), affirmed November 3, 1999.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-35. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Griffen, J., and Hays, S.J., agree. (18 PAGES UNPUBLISHED)

CA99-303. Mary J. Brooks v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Dismissed. Jennings and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-360. Heartland Community Bank v. Edward P. Holt and Betty Jo Holt, from Dallas Circuit. Reversed and Dismissed. Griffen, J., and Hays, S.J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR98-1460. Billy Ray Perry v. State of Arkansas, from Clark Circuit. Affirmed. Hart and Stroud, JJ., agree. (7 PAGES UNPUBLISHED)

JOSEPHINE LINKER HART, JUDGE:

CACR99-439. Dedrick Shrod Weems v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

CA99-282. Roger Richmond v. PMT, L.L.C., from Pulaski Circuit. Affirmed. Crabtree and Meads, JJ., agree. (2 PAGES UNPUBLISHED)

E99-110. Kimberly L. Hirrill v. Director, Employment Security Department and Certified Systems, Inc., from Board of Review. Reversed and Remanded. Crabtree and Meads, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CA98-952. Cecil Poyner d/b/a CRP Construction v. Arkansas Contractors Licensing Board, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-175. Ann S. Evants v. Snider Telecom, from Workers' Compensation Commission. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-1489. Enoche A. Moses v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud and Neal, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-105. Greg England v. Sara Lee Hosiery, from Workers' Compensation Commission. Affirmed. Stroud and Neal, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CA99-505. Kenneth Howard v. Dr. Pepper Bottling Company, from Workers' Compensation Commission. Affirmed. Bird and Neal, JJ., agree. (8 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CA99-510. Wal-Mart Stores, Inc. v. Vera Elaine Godfrey, from Workers' Compensation Commission. Affirmed. Bird and Stroud, JJ., agree. (6 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR99-117. Benjamin Andrew Barnett v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird, Meads, JJ., and Hays, S.J., agree. Robbins, C.J., and Roaf, J., dissent (3 PAGES + 2-PAGE DISSENT PUBLISHED). [HTML, WP5.1]

CACR99-233. Gary Don Barfield v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

CACR99-252. Teresa Lynn Watson v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

CA99-143. Thomas Rackley Tackett v. McDonald's Corporation and McDonald's of Russellville, Inc., from Pope Circuit. Affirmed. Robbins, C.J., agrees. Bird, J., concurs. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-204. Edgar Chapman v. State of Arkansas, from Garland Chancery. Affirmed. Hart and Meads, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-457. Mattie Partee v. Tanya Washington, from Pulaski Chancery. Affirmed. Hart and Meads, JJ., agree. (4 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR99-325. Michael Jackson v. State of Arkansas, from Mississippi Circuit. Affirmed. Pittman and Jennings, JJ., agree. (4 PAGES UNPUBLISHED)

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

CACR98-994. Joseph L. Stephens v. State of Arkansas, from Lincoln Circuit.

CA98-1076. Julia D. Jones et al. v. Fairfax Abraham, Jr. et al., from Clark Chancery.

CA98-1246. E.A. Kubisty et al. v. Roger Gray, from Pulaski Chancery, Sixth Division.

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

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

Crabtree, J., would grant.

CA99-308. Donald Jordon v. Jay Bird Manufacturing, from Workers' Compensation Commission. Griffen, J., would grant.

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CACR98-934. Dennis Barron v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $600.00.

CACR98-1403. Randy Edward Pool v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Wayne A. Gruber for attorney's fees is granted. Allowed $750.00.

CACR98-1440. Charles Burnett v. State of Arkansas, from Faulkner Circuit. Motion of S. Lance Cox for attorney's fees is granted. Allowed $650.00.

CACR98-1464. Shantez Holmes v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees is granted. Allowed $750.00.

CACR98-1525. Jason Jordan v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CACR98-1531. Guy Anthony Johnson v. State of Arkansas, from Saline Circuit. Motion of Andrew L. Clark for attorney's fees is granted. Allowed $750.00.

CACR99-35. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to supplement the record and abstract is denied.

CACR99-101. Andy Broyles v. State of Arkansas, from Crittenden Circuit. Motion of Bart E. Ziegenhorn for attorney's fees is granted. Allowed $750.00.

CACR99-197. Maurice Schuler v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $650.00.

CACR99-268. Charles Edward Mayo v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement brief and file a substituted addendum with reply brief is granted.

CACR99-494. Clifton Tyrone Welch v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees is granted. Allowed $650.00.

CACR99-714. Mashombe Shawn Brock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for brief time is granted for forty-five days. Griffen, J., would make this the final extension.

CACR99-1019. Audie V. Goforth v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Dana R. Davis to be relieved as counsel for appellant and to substitute Donald A. Forrest as counsel is denied without prejudice. See Brewer v. State, 66 Ark. App. 324, 992 S.W.2d 140 (1999). Pittman, Hart, Jennings, Stroud, JJ., and Hays, S.J., would grant. Crabtree, J., concurs. Appellant's brief due December 3, 1999.

CACR99-1042. Karl Anthony Guydon v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Deborah Sallings to be relieved as counsel for appellant and to stay brief time is remanded to the trial court. See Brewer v. State, 66 Ark. App. 324, 992 S.W.2d 140 (1999).

CACR99-1091. Victor Ray Lyons v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams to be relieved as counsel for appellant is granted.

CACR99-1091. Victor Ray Lyons v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William A. McLean to be substituted as counsel for appellant is granted.

CA98-1491. Melissa Waits v. William T. Layton, from Benton Chancery. Appellee's motion for attorney's fees and costs is denied.

CA99-573. Union Planters National Bank v. East Central Arkansas Economic Development Corporation, from St. Francis Chancery. Appellee's motion to amend record is remanded to the trial court to settle the record within thirty days. Appellee's brief due in sixty days.

CA99-700. Timothy Bailey v. State of Arkansas, from Marion Chancery. Appellee's motion to dismiss appeal is denied. Daniel Becker is substituted as attorney for appellant. See per curiam this date. (1 PAGE UNPUBLISHED)

CA99-856. Damon Scoggin v. State of Arkansas, from Lonoke Chancery. Appellant's motion to remand case for entry of final order is denied. Griffen, J., would grant.

CA99-870. Paul L. Landreth v. Home Quarters, from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted.

CA99-935. David Potter v. Margaret Magee, from Miller Circuit. Appellant's motion to supplement the record and to stay brief time is denied. See Arkansas Supreme Court Rule 4-2(a)(6). Appellant's brief due November 17, 1999. Stroud and Crabtree, JJ., not participating.

CA99-998. Beverly Enterprises-Arkansas, Inc. et al. v. Paul Hillier, from Crawford Circuit. Appellee's motion to dismiss appeal is passed until case is submitted.

CA99-1039. Jack Replogle v. USA Truck, Inc., from Crawford Circuit. Appellant's motion to supplement the record and for brief time is granted. Record deemed supplemented. Appellant's brief due December 3, 1999.

CA99-1071. Books-A-Million, Inc. et al. v. Arkansas Painting & Specialities, Inc., from White Circuit. Appellants' motion to consolidate appeal is granted.

CA99-1187. Eagle Bank & Trust Company v. Kurt Dixon et al., from Pulaski Circuit, Fifth Division. Joint motion to amend record is granted. Record deemed supplemented.

PETITIONS FOR REHEARING:

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

CA99-236. Daryl Byrum v. Winrock Development Company et al., from Pulaski Circuit, Second Division.

CA99-383. Christopher Clark (Deceased) v. Sbarro, Inc., from Workers' Compensation Commission.

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CACR98-1135. Eric Davis v. State of Arkansas, from Scott Circuit. Motion of C. Richard Lippard for attorney's fees.

CACR98-1353. Chris Smith v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees.

CACR99-208. Thomas Hill v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees.

CACR99-1044. Rosa Holland v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of John Joplin to withdraw as counsel for appellant and for appointment of counsel.

CA98-1053. D. Michele White v. David Stout et al., from Benton Circuit. Appellees' motion for attorney's fees and costs.

CA98-1053. D. Michele White v. David Stout et al., from Benton Circuit. Appellees' motion to strike appellant's reply brief.

CA98-1076. Julia D. Jones et al. v. Fairfax Abraham, Jr. et al., from Clark Chancery. Appellees' motion for attorneys' fees and costs.

CA98-1516. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion to clarify opinion concerning prejudgment interest.

CA98-1516. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for attorney's fees and costs.

CA99-76. Mary Helen Thomas v. Billy Dale Thomas, from Washington Chancery. Appellee's motion to dismiss appeal.

CA99-695. Michael F. Jackson v. Nucor-Yamato Steel Company, from Workers' Compensation Commission. Appellant's pro se motion for reconsideration.

CA99-908. B&H Associates, Inc. v. First National Bank of Wynne, from Cross Circuit. Appellee's motion to dismiss appeal.

CA99-942. Charles Thomas Swafford v. Barbara Anne Swafford, from Faulkner Chancery. Appellee's motion to dismiss appeal and to stay brief time.

CA99-1080. Louise I. Garrett v. Rita Sue Miller et al., from Clay Circuit, Western District. Appellant's motion to supplement the record.

CA98-881. Southwestern Bell Telephone Company et al. v. Arkansas Public Service Commission, from Public Service Commission. Argued orally.

CA99-116. Kenya Reed v. Christopher A. Watkins, from Garland Circuit. Argued orally.

CACR98-1353. Chris Smith v. State of Arkansas, from Jackson Circuit.

CACR99-146. Larry G. Jackson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-159. Charles Edward Kelly v. State of Arkansas, from Ouachita Circuit.

CACR99-298. Gary Lee v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-337. Gina Elizabeth Cullers v. State of Arkansas, from Washington Circuit.

CACR99-350. Timothy Riddle v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-375. Aca Colquitt Murphy, Jr. v. State of Arkansas, from Columbia Circuit.

CACR99-392. Michaelangelo Reynolds v. State of Arkansas, from Faulkner Circuit.

CACR99-396. Bobby Lynn Upton v. State of Arkansas, from Craighead Circuit, Western District.

CACR99-399. Kevin Williams v. State of Arkansas, from Drew Circuit.

CACR99-522. James Don Leatherwood v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-596. Damon Wheeler v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA98-1053. D. Michele White v. David Stout and Wal-Mart Stores, Inc., from Benton Circuit.

CA99-76. Mary Helen Thomas v. Billy Dale Thomas, from Washington Chancery.

CA99-264. Brad Smith v. Russell O. Loyd et ux., from Saline Chancery.

CA99-293. Arlyne Barnes, Administratrix v. The Prudential Insurance Company of America et al., from Washington Chancery.

CA99-347. Holt-Krock Clinic, PLC v. Gary L. Bodiford, M.D., from Sebastian Circuit, Fort Smith District.

CA99-389. Rickey A. Bateman et al. v. Moud R. Gazaway and Sharon L. Gazaway, as Trustees, from Greene Chancery.

CA99-401. Jessie C. Ray v. Wayne Smith Trucking, from Workers' Compensation Commission.

CA99-453. Joe Bill Gordon v. Atlas Carriers, Inc., from Workers' Compensation Commission.

CA99-491. Roger Buford v. Standard Gravel Company et al., from Workers' Compensation Commission.

CA99-877. Laura Ricketts (Now Phillips) v. James Darrin Ricketts, from Benton Chancery.

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

E99-154. Karen L. Sanchez v. Director et al.

E99-155. Carl L. Ward v. Director et al.

E99-158. Otis Phillips, Jr. v. Director et al.

E99-159. Modenia Witherspoon v. Director et al.

E99-162. David Smallwood v. Director et al.

E99-163. Harold S. Sims v. Director et al.

E99-164. Donnie Walters v. Director et al.

E99-165. Sammie McClorn v. Director et al.

E99-166. Danny Martin v. Director et al.

E99-167. Bobby J. Young v. Director et al.

E99-168. Romona M. Houston v. Director et al.

E99-169. Linda Garrison v. Director et al.