Opinions delivered
November 17, 1999
Conagra, Inc. v. Strother (Roaf, J.) CA99-327
Negligence -- Slip-and-fall case involving invitee; sufficient evidence existed to allow case to proceed to jury; no error in denying appellant's motion for JNOV. [HTML, WP5.1]
Davis v. Office of Child Support Enforcement (Rogers, J.) CA98-1343
Divorce -- Child support; State not preempted from ordering parent whose sole source of income is SSI to pay; appellant financially capable of paying minimal child support; affirmed. [HTML, WP5.1]
Ray v. Wayne Smith Trucking (Crabtree, J.) CA99-401
Workers' compensation - Appellant performing activity necessary for performance of job when injured; reversed and remanded for award of benefits. [HTML, WP5.1]
Reynolds v. State (Robbins, C.J.) CACR99-392
Appeal & error -- No reversible error shown; conviction affirmed. [HTML, WP5.1]
Smith v. Loyd (Roaf, J.) CA99-264
Easements -- Permissive-use presumption overcome where roadway was used without complaint for nearly forty years. [HTML, WP5.1]
Smith v. State (Stroud, J.) CACR98-1353
Attorney & client -- Change of counsel; trial court did not abuse discretion in refusing appellant's request for; refusal to give lesser-included offense not abuse of discretion. [HTML, WP5.1]
T & T Materials, Inc. v. Mooney (Bird, J.) CA99-84
Courts -- Jurisdiction; circuit court's dismissal affirmed where appellant had remedy in another circuit court. [HTML, WP5.1]
Upton v. State (Bird, J.) CACR99-396
Judgment -- Trial court lacked authority to deny meritorious good time; conviction affirmed as modified; counsel's motion to be relieved granted. [HTML, WP5.1]
Barnes v. Krupp, CA 99-293 (Hart, J.), reversed and remanded November 17, 1999.
Holt-Krock Clinic, PLC v. Bodiford, CA 99-347 (Stroud, J.), appeal dismissed November 17, 1999.
Jackson v. State, CA CR 99-146 (Neal, J.), affirmed November 17, 1999.
Kelly v. State, CA CR 99-159 (Meads, J.), affirmed November 17, 1999.
Kennedy v. State, CA CR 99-193 (Griffen, J.), affirmed November 17, 1999.
Lanier v. Arkansas Dep't of Human Servs., CA 99-113 (Hart, J.), reversed and remanded November 17, 1999.
Lee v. Asher, CA 99-144 (Per Curiam), dismissed November 17, 1999.
Lee v. State, CA CR 99-298 (Roaf, J.), affirmed November 17, 1999.
Murphy v. State, CA CR 99-375 (Jennings, J.), affirmed November 17, 1999.
Pocrass v. Arkansas Dep't of Human Servs., CA 99-240 (Griffen, J.), affirmed November 17, 1999.
Ricketts v. Ricketts, CA 99-877 (Pittman, J.), affirmed November 17, 1999.
Riddle v. State, CA CR 99-350 (Robbins, C.J.), affirmed November 17, 1999.
Ross v. Newman, CA 99-310 (Pittman, J.), affirmed November 17, 1999.
Scott v. Scott, CA 99-3 (Stroud, J.), affirmed November 17, 1999.
Wheeler v. State, CA CR 99-596 (Crabtree, J.), affirmed November 17, 1999.
Williams v. State, CA CR 99-399 (Hays, S.J.), affirmed November 17, 1999.
Willis v. City of Little Rock, CA 99-218 (Neal, J.), affirmed November 17, 1999.
Garrison v. Director of Labor, E 99-169, November 17, 1999.
Houston v. Director of Labor, E 99-168, November 17, 1999.
McClorn v. Director of Labor, E 99-165, November 17, 1999.
Phillips v. Director of Labor, E 99-158, November 17, 1999.
Sanchez v. Director of Labor, E 99-154, November 17, 1999.
Sims v. Director of Labor, E 99-163, November 17, 1999.
Smallwood v. Director of Labor, E 99-162, November 17, 1999.
Walters v. Director of Labor, E 99-164, November 17, 1999.
Ward v. Director of Labor, E 99-155, November 17, 1999.
Witherspoon v. Director of Labor, E 99-159, November 17, 1999.
Young v. Director of Labor, E 99-167, November 17, 1999.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR99-350. Timothy Riddle v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Jennings and Stroud, JJ., agree. (10 PAGES UNPUBLISHED)
CACR99-392. Michaelangelo Reynolds v. State of Arkansas, from Faulkner Circuit. Affirmed. Jennings and Stroud, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA99-310. James Earl Ross et al. v. Irene Newman, from White Chancery. Affirmed. Griffen, J., and Hays, S.J., agree. (3 PAGES UNPUBLISHED)
CA99-877. Laura Ricketts (now Phillips) v. James Darrin Ricketts, from Benton Chancery. Affirmed. Neal and Meads, JJ., agree. (5 PAGES UNPUBLISHED)
JOSEPHINE LINKER HART, JUDGE:
CA99-113. Ladonna Lanier v. Arkansas Department of Human Services, from Pulaski Circuit. Reversed and Remanded. Bird and Neal, JJ., agree. (5 PAGES UNPUBLISHED)
CA99-293. Arlyne Barnes v. Pamela Krupp and The Prudential Insurance Company of America, from Washington Chancery. Reversed and Remanded. Roaf, J., and Hays, S.J., agree. (6 PAGES UNPUBLISHED)
JOHN E. JENNINGS, JUDGE:
CACR99-375. Aca Colquitt Murphy v. State of Arkansas, from Columbia Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (3 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR99-396. Bobby Lynn Upton v. State of Arkansas, from Craighead Circuit. Affirmed as Modified. Griffen and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA99-84. T&T Materials, Inc. v. Willie Mooney and Northwest Paving Company, Inc., from Van Buren Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
JUDITH ROGERS, JUDGE:
CA98-1343. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery. Affirmed. Hart, Jennings, and Stroud, JJ., agree. Crabtree, J., concurs. Griffen, J., dissents. (9 PAGES + 1-PAGE CONCURRENCE + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
JOHN F. STROUD, JR., JUDGE:
CACR98-1353. Chris Smith v. State of Arkansas, from Jackson Circuit. Affirmed. Robbins, C.J., and Jennings, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]
CA99-3. Sarah Donna Scott v. Henry Walker Scott, Jr., from Yell Chancery. Affirmed. Bird and Neal, JJ., agree. (11 PAGES UNPUBLISHED)
CA99-347. Holt-Krock Clinic, PLC, an Arkansas Limited Liability Company v. Gary L. Bodiford, M.D., from Sebastian Circuit. Appeal Dismissed. Robbins, C.J., and Jennings, J., agree. (5 PAGES UNPUBLISHED)
OLLY NEAL, JUDGE:
CACR99-146. Larry Gene Jackson v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Meads, JJ., agree. (3 PAGES UNPUBLISHED)
CA99-218. Susan Willis v. City of Little Rock, from Pulaski Circuit. Affirmed. Bird and Stroud, JJ., agree. (3 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CACR99-193. Gregory "Montana" Kennedy v. State of Arkansas, from Hot Spring Circuit. Affirmed. Robbins, C.J., and Hays, S.J., agree. (8 PAGES UNPUBLISHED)
CA99-240. Susan Pocrass and Michael Pocrass v. Arkansas Department of Human Services, from Phillips Chancery. Affirmed. Robbins, C.J., and Hays, S.J., agree. (14 PAGES UNPUBLISHED)
TERRY CRABTREE, JUDGE:
CACR99-596. Damon Wheeler v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (2 PAGES UNPUBLISHED)
CA99-401. Jessie C. Ray v. Wayne Smith Trucking, from Workers' Compensation Commission. Reversed and Remanded. Bird and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CACR99-159. Charles Edward Kelly v. State of Arkansas, from Ouachita Circuit. Affirmed. Pittman and Neal, JJ., agree. (8 PAGES UNPUBLISHED)
ANDREE LAYTON ROAF, JUDGE:
CACR99-298. Gary Lee v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart, J., and Hays, S.J., agree. (2 PAGES UNPUBLISHED)
CA99-264. Brad Smith v. Russell O. Loyd & Emogene T. Loyd, from Saline Chancery. Affirmed. Hart, J., and Hays, S.J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA99-327. Conagra, Inc. v. Vida Strother, from Independence Circuit. Affirmed. Pittman and Jennings, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
STEELE HAYS, SPECIAL JUDGE:
CACR99-399. Kevin Williams v. State of Arkansas, from Drew Circuit. Affirmed. Hart and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)
PER CURIAM OPINION:
CA99-144. Kathleen Denaro Lee v. Bradley Dean Asher, from Benton Chancery. Dismissed. (3 PAGES UNPUBLISHED)
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
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.
E99-167. Bobby J. Young v. Director et al.
E99-168. Romona M. Houston v. Director et al.
E99-169. Linda Garrison v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA99-168. Pocahontas Federal Savings & Loan v. J.T. White Hardware & Lumber Company, from Greene Chancery.
CA99-253. Cary C. Elliott v. Terra International, Inc., from Mississippi Circuit, Chickasawba District.
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CACR98-186. Pierre Weaver v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Stephen G. Hough for reconsideration of attorney's fees is denied.
CACR98-1353. Chris Smith v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees is granted. Allowed $750.00.
CACR98-1460. Billy Ray Perry v. State of Arkansas, from Clark Circuit. Motion of Larry W. Horton for attorney's fees is granted. Allowed $750.00.
CACR98-1501. Emanuel Sullivan v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison for attorney's fees is granted. Allowed $700.00.
CACR99-79. Theodis LaGrone, Jr. v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees is granted. Allowed $750.00.
CACR99-193. Gregory "Montana" Kennedy v. State of Arkansas, from Hot Spring Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $750.00.
CACR99-252. Teresa Lynn Watson v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees is granted. Allowed $850.00.
CACR99-483. William Dale Hawkins v. State of Arkansas, from Washington Circuit. Appellant's motion for brief time is granted for thirty days. Griffen and Meads, JJ., would grant as final extension. Crabtree, J., not participating.
CACR99-921. Eric Fobbs v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for transcript is denied. See Supreme Court and Court of Appeals Rule 4-3(j)(2). Appellant's statement of points due in thirty days.
CACR99-1014. Larry Howard v. State of Arkansas, from Boone Circuit. Motion of James P. Clouette to be substituted as counsel for appellant is granted.
CACR99-1017. William Joe Davidson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is granted.
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 is granted. Timothy R. Morris is appointed to represent appellant.
CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Dennis Molock to substitute Alvin Schay as attorney for appellant is granted.
CA99-56. Rita R. Carter v. William Green et al., from Garland Chancery. Appellees’ motion for attorney’s fees is denied. Clerk to tax costs.
CA99-488. Jarvis Moore v. State of Arkansas, from Crittenden Chancery. Appellee's motion to dismiss appeal is granted.
CA99-692. Neosho Construction Company, Inc. v. Weaver-Bailey Contractors, Inc., from Pulaski Circuit, Fifth Division. Appellant's motion for oral argument is granted.
CA99-695. Michael F. Jackson v. Nucor-Yamato Steel Company, from Workers' Compensation Commission. Appellant's pro se motion for reconsideration is denied. Roaf, J., would grant.
CA99-845. Paul A. White v. Cooper Tire & Rubber Company, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted.
CA99-1056. Ronnie J. Nixon v. Lindsey Management Company et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal is granted.
SUBMISSIONS
CA98-1487. Shirley Kelsay v. Dr. Jean F. Wise, from Union Circuit. Argued orally.
CA99-131. Gary Bean v. Office of Child Support Enforcement, from Nevada Chancery. Argued orally.
CA99-479. Maria Rivera v. Shelby Group et al., from Workers' Compensation Commission. Argued orally.
CACR98-1502. Rena Faith Jordon v. State of Arkansas, from Washington Circuit.
CACR99-267. Samuel Brandon v. State of Arkansas, from Lawrence Circuit.
CACR99-291. Fred Michael Lamere v. State of Arkansas, from Saline Circuit.
CACR99-300. Don Franklin Plumlee v. State of Arkansas, from Lincoln Circuit.
CACR99-412. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit.
CACR99-418. Fredrick Darnell Marshall and Albert Beasley Marshall v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR99-442. Scottie Wayne Flippo v. State of Arkansas, from Boone Circuit.
CACR99-469. Charles B. James II v. State of Arkansas, from Garland Circuit.
CACR99-550. Stephen W. Miller and Janette Elaine Miller v. State of Arkansas, from Washington Circuit.
CA98-1248. Arthur L. Rodgers et ux. v. Mid-State Trust, IV and Mid-State Homes, Inc., from Monroe Chancery.
CA99-229. Faye M. Leath v. Michael C. Leath, from Faulkner Chancery.
CA99-251. Wonderland Cave & Club, Inc. v. Tara Hughes et al., from Pulaski Circuit, Second Division.
CA99-371. Daniel L. Isenhour v. Lockwood Electric et al., from Workers' Compensation Commission.
CA99-394. Kevin Fulton v. City of Fayetteville, from Workers' Compensation Commission.
CA99-441. Patsy Moore v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division.
CA99-450. Pedco, Inc. v. Ergo-Tech, Inc., from Pope Circuit.
CA99-516. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit.
CA99-543. Housing Authority for the City of Trumann, Arkansas v. Donna Lively, from Poinsett Circuit.
CA99-559. Lorna Terry Brusstar v. University of Arkansas, from Workers' Compensation Commission.
CA99-562. Suellen Lloyd v. United Parcel Service, from Workers' Compensation Commission.
CA99-602. Kelly G. Tindall v. Johnna Feazell et al., from Carroll Chancery, Eastern District.
The following cases are appeals from the Arkansas Board of Review.
E99-171. Marilyn K. Holder v. Director et al.
E99-172. Terry L. Guthrie v. Director et al.
E99-174. Duane House v. Director et al.
E99-175. Murlene Boatright v. Director et al.
E99-176. John D. McKee v. Director et al.
E99-177. William Gilchrist v. Director et al.
E99-179. Delois Wiggins v. Director et al.
E99-180. Ruby Haynes v. Director et al.
E99-183. Carolyn Knox v. Director et al.
E99-184. Morris Robinson v. Director et al.
E99-185. Vickie Martin v. Director et al.
E99-186. Viola Bell v. Director et al.