ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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339 Ark.

Opinions delivered
November 11, 1999


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Continental Express, Inc. v. Freeman (Corbin, J.) 99-406

Workers' compensation -- Reasoning of court of appeals persuasive; muscle spasms constitute objective findings; objective findings not synonymous with or based on medical opinion. [HTML, WP5.1]

Frazier v. State (Per Curiam) CR99-340

Appeal & error -- Motion for belated appeal granted. [HTML, WP5.1]

Larimore v. State, (Smith, J.) CR99-513

Bail -- Absolute right except for capital cases; appellant ineligible for pretrial bail; trial court did not err in denying request. [HTML, WP5.1]

Martin v. Arthur (Brown, J.) 99-302

Limitation of actions -- Product-liability cases; manufacturer's statute-of-limitations defense not resolved by allegations in appellant's complaint; appellants stated cause of action; order of dismissal reversed and complaint remanded. [HTML, WP5.1]

Spears v. Spears (Brown, J.) 99-477

Parent & child -- Parental-immunity doctrine; injury distinguished; holdings of supreme court may be reexamined. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDERS

In Re: Rules Governing Admission to the Bar (Per Curiam)
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APPOINTMENTS TO COMMITTEES

In Re: Board of Law Examiners (Per Curiam)
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In Re: Supreme Court Committee on Child Support (Per Curiam)
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In Re: Supreme Court Committee on Model Jury Instructions--Civil (Per Curiam)
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PROFESSIONAL CONDUCT MATTERS

In Re: Hollingsworth (Per Curiam)
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OPINIONS NOT DESIGNATED FOR PUBLICATION

Askins v. State, CR 98-874 (Per Curiam), affirmed November 11, 1999.

Hill v. State, CR 97-1462 (Per Curiam), Pro Se Motion to Recall Mandate; denied November 11, 1999.

Muldrew v. State, CR 99-411 (Per Curiam), Pro Se Motion to Reinstate Appeal; denied November 11, 1999.

Neal v. Davis, CR 99-1252 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot November 11, 1999.

Raglin v. State, CR 97-402 (Per Curiam), reversed and remanded; motion to withdraw denied November 11, 1999.

Richards v. State, CR 97-1536 (Per Curiam), rebriefing ordered November 11, 1999.

Rushing v. State, CR 99-1046 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order; denied November 11, 1999.

Whitney v. State, CR 98-922 (Per Curiam), dismissed November 11, 1999.

Williams v. State, CR 97-1499 (Per Curiam), Pro Se Motion for Leave to Amend Pro Se Brief; granted November 11, 1999.


ORIGINAL SYLLABUS

DONALD L. CORBIN, JUSTICE:

99-406. Continental Express, Inc., and Gibralter National Insurance Company v. Marty Freeman, on Petition for Review from the Arkansas Court of Appeals. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-302. Gerlinda Martin and Earl E. Martin v. James Arthur, M.D. et al., from Garland Circuit. Affirmed in Part; Reversed and Remanded in Part. Special Justices K. LeAnne Daniel and Norman Mark Klappenbach join in this opinion. Glaze and Corbin, JJ., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

99-477. Wayne Spears, Individually and as Parent, Guardian and Next Friend of Minor Child, Reuben Spears, and as Parent and Administrator of the Estate of Rebekah L. Spears and Reuben Spears v. Barbara Spears, from Jefferson Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-513. Gregory R. Larimore v. State of Arkansas, from Crittenden Circuit. Affirmed. Glaze, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR97-402. Rodney Raglin v. State of Arkansas, from Pulaski Circuit, First Division. Reversed and Remanded. Motion to Withdraw Denied. (3 PAGES UNPUBLISHED)

CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit. Rebriefing Ordered. (4 PAGES UNPUBLISHED)

CR98-874. Timothy Askins v. State of Arkansas, from White Circuit. Affirmed. (6 PAGES UNPUBLISHED)

CR98-922. Donnie Whitney v. State of Arkansas, from Lafayette Circuit. Dismissed. (2 PAGES UNPUBLISHED)

PER CURIAM ORDERS

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

CR97-1415. Joe Louis Dansby v. State of Arkansas, from Nevada Circuit.

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REVIEW DENIED: Petition for review was denied today in the following case.

99-1216. Russell Clark and Clark Properties v. Nancy B. Howe, Guardian, from Faulkner Chancery.

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CR99-1095. Jerry Riley v. Honorable John Homer Wright, Judge, from Garland Circuit. Appellant's motion for reconsideration is denied.

99-1141. Earl Oxford et al. v. Jim Perry et al., from Sebastian Circuit, Greenwood District. Appellants' motion to consolidate with Case No. 99-1142 and for extension of time to file brief. Motion to consolidate denied; request for extension of time to file brief granted.

99-1240. Ruby J. Watts v. State of Arkansas and The Arkansas State Claims Commission, from Jefferson Chancery. Motion for rule on the clerk is denied.

99-1247. Sonny Eads and Viki Lynn Eads v. Bill (Rick) Hall et al., from Boone Circuit. Appellees' motion to dismiss appeal is granted.

99-1258. G & D Construction, Inc. v. Doug Sperry and Jane Sperry, from Benton Circuit. Motion for rule on the clerk is denied.

99-1258. G & D Construction, Inc. v. Doug Sperry and Jane Sperry, from Benton Circuit. Appellees' motion to dismiss appeal is granted.

99-1262. The Arkansas Public Defender Commission v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Motion to clarify order, or lift stay in part is denied. Corbin, J., not participating.

99-1262. The Arkansas Public Defender Commission v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Motion to expedite a ruling on Remington's pending motion is granted. Corbin, J., not participating.

CR97-1462. Lesley Glen Hill v. State of Arkansas, from Woodruff Circuit. Pro se motion to recall mandate. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1499. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for leave to amend pro se brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)

CR99-340. Donald R. Frazier v. State of Arkansas, from Jefferson Circuit. Pro se motion for belated appeal of judgment. Motion granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR99-411. Wilbert Muldrew v. State of Arkansas, from Hempstead Circuit. Pro se motion to reinstate appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR99-1046. Judy Lynn Rushing v. State of Arkansas, from Miller Circuit. Pro se motion for rule on clerk to proceed with belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR99-1252. Ricky L. Neal v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)

In Re: Perlesta Arthur Hollingsworth, Arkansas Bar ID #69034. Order barring Perlesta Arthur Hollingsworth from the practice of law. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

    Don R. Elliott, Jr., Esq. of Fayetteville, is appointed, effective immediately, to the Committee on Model Jury Instructions - Civil to fill the unexpired term of Laurie Bridewell, Attorney at Law, who has resigned from the Committee. This term expires April 30, 2000.

    The Court extends its thanks to Mr. Elliott for accepting appointment to this most important Committee.

    The Court expresses its gratitude to Ms. Bridewell for her years of service to the Committee.

In Re: Supreme Court Committee on Child Support. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

    The Honorable Gary Arnold of Benton, and Senator Jodie Mahony of El Dorado, are hereby reappointed to the Supreme Court Committee on Child Support. These are four-year terms which will expire on November 30, 2003. Mr. H. T. Moore, Esq., of Paragould, is hereby appointed to the Committee on Child Support for a four-year term to expire on November 30, 2003.

    The Court thanks Judge Arnold and Senator Mahony for accepting reappointment and Mr. Moore for accepting appointment to this most important Committee.

    The Court expresses its appreciation to Larry Carpenter, Esq., of North Little Rock, whose term has expired, for his dedicated service to this Committee.

In Re: Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

    Lucinda S. McDaniel, First Congressional District, is appointed to the State Board of Law Examiners for a seven (7) year term ending September 30, 2006.

    Audrey Evans, Second Congressional District, is reappointed to the State Board of Law Examiners for a three (3) year term ending September 30, 2002.

    The Court thanks Ms. McDaniel for accepting appointment to this Board. The Court thanks Ms. Evans for accepting reappointment to this Board.

    The Court thanks Blair Arnold for his dedicated and faithful service as a member and Chairman of this Board.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

98-1309. Arkansas State Medical Board v. Scott A. Schoen, D.D.S. and Arkansas State Board of Dental Examiners, from Pulaski Chancery, Second Division. (Appellee Scott A. Schoen, D.D.S.)

98-1309. Arkansas State Medical Board v. Scott A. Schoen, D.D.S. and Arkansas State Board of Dental Examiners, from Pulaski Chancery, Second Division. (Appellee State Board of Dental Examiners)

98-1463. Cliff Biedenharn et al. v. Bobby L. Hogue, from Craighead Circuit, Western District.

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PETITIONS FOR REVIEW:

99-1179. Robert T. Williams et al. v. Bill Harmon et al., from Pulaski Chancery, First Division.

99-1196. Lilly Kildow v. Baldwin Piano & Organ, from Workers' Compensation Commission.

99-1217. Julia D. Jones et al. v. Fairfax Abraham, Jr. et al., from Clark Chancery.

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CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Appellant's motion to supplement the record.

CR99-896. Kenneth R. Loehr v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal.

CR99-943. Antoine Hopkins v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal.

CR99-972. Curtis Ashlock v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CR99-972. Curtis Ashlock v. State of Arkansas, from Crawford Circuit. Appellant's motion for rule on the clerk and motion for extension of time to file brief.

CR99-1003. Raymond Williams, III v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.

CR99-1267. Charles A. "Jack" Walls, III v. State of Arkansas, from Lonoke Circuit. Motion for rule on the clerk.

98-1030. James M. Stickley/McPhearson, Jr. v. Larry Norris, from Jefferson Circuit. Appellee's motion to dismiss appeal.

99-28. Lake View School District No. 25 of Phillips County et al. v. Mike Huckabee, Governor, et al., from Pulaski Chancery, Second Division. Appellees' motion for substitution of counsel.

99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Appellants' motion to file an enlarged reply brief.

99-1275. McBryde Family Limited Partnership et al. v. Athletic World Advertising, Inc. et al., from Washington Chancery. Motion for rule on the clerk.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Request to proceed in forma pauperis.

SUBMISSIONS

99-517. Larry Kellar v. Fayetteville Police Department, from Washington Circuit. Argued orally.

CR98-872. Emma Reeves v. State of Arkansas, from Lonoke Circuit.

CR99-365. Eric Randall Nance v. State of Arkansas, from Hot Spring Circuit.

CR99-624. Bruce Edward Leaks v. State of Arkansas, from Miller Circuit.

99-529. Jerry Rainey et al. v. James Hartness, from Grant Circuit.

99-531. Kay Dobie et al. v. Larry R. Rogers, from Faulkner Circuit.