ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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339 Ark.

Opinions delivered
December 9, 1999


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Butler v. State (Thornton, J.) CR97-1363

Trial -- Continuance; trial court abused discretion in denying adequate time for new counsel to prepare; prejudice to defense resulted; reversed and remanded for new trial. [HTML, WP5.1]

Ford v. St. Paul Fire & Marine Ins. Co. (Thornton, J.) 99-587

Physicians & surgeons -- Medical malpractice; expert testimony required to survive summary-judgment motion; summary judgement affirmed where appellants failed to meet proof with proof. [HTML, WP5.1]

Luttrell v. City of Conway (Corbin, J.) 99-644

Appeal & error -- Abstracting requirements not met; appellant failed to meet burden; chancellor's ruling affirmed. [HTML, WP5.1]

Mashburn v. Meeker Sharkey Fin. Group, Inc. (Brown, J.) 99-583

Negligence -- No duty of care owed; trial court reversed. [HTML, WP5.1]

State v. Thompson (Imber, J.) 99-612

Constitutional law -- Registered support order; notice and hearing procedures did not contravene due process guarantees; trial court's holding that Ark. Code Ann. § 9-17-606 was unconstitutional reversed. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Administrative Order Number 2(a) (Per Curiam)
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In Re: Arkansas Rules of Civil Procedure 5, 6, 8, 12, 45, and 60; and Arkansas Rules of Appellate Procedure--Civil 2, 4, and 5. (Per Curiam)
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In Re: Qualifications and Standards of Practice for Attorney Ad Litem Appointments in Chancery Court Cases and Guardianship Cases (Per Curiam)
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OPINIONS NOT DESIGNATED FOR PUBLICATION

Ashlock v. State, CR 99-972 (Per Curiam), Pro Se Motions to Relieve Counsel and to Appoint Other Counsel denied; Motion for Extension of Time moot December 9, 1999. [HTML, WP5.1]

Hill v. State, CR 99-1341 (Per Curiam), Pro Se Motion to Relieve Counsel and to Appoint Other Counsel; denied and appeal dismissed December 9, 1999. [HTML, WP5.1]

MacKintrush v. State, CR 99-952 (Per Curiam), Pro Se Motion for Rule on Clerk to File a Belated Motion for Extension of Time treated as Motion to File a Belated Brief and granted; Motion to Stay Appeal moot; Motion to Amend Motion for Rule on Clerk treated as Motion to Supplement Record with Transcript of 1995 Trial and denied December 9, 1999. [HTML, WP5.1]

Neely v. State, CR 99-386 (Per Curiam), Pro Se Motion to File Overlength Brief-In-Chief denied; Motion for Extension of Time to File Brief; final extension granted December 9, 1999. [HTML, WP5.1]

Snyder v. State, CR 98-748 (Per Curiam), affirmed December 9, 1999. [HTML, WP5.1]

Tidwell v. Bryant, 98-1026 (Per Curiam), affirmed December 9, 1999. [HTML, WP5.1]

White v. State, CR 98-925 (Per Curiam), affirmed December 9, 1999. [HTML, WP5.1]

Williams v. State, CR 98-1014 (Per Curiam), affirmed December 9, 1999. [HTML, WP5.1]


ORIGINAL SYLLABUS

DONALD L. CORBIN, JUSTICE:

99-644. Charlsie Johnson Luttrell and Lois Pruitt v. City of Conway and Arkansas State Highway Commission, from Faulkner Chancery, Third Division. Affirmed. Glaze, J., would dismiss the appeal. (4 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-583. William Mashburn v. Meeker Sharkey Financial Group, Inc. d/b/a Kurmin Marine Insurance Agency and Margaret Sadowski, from Garland Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-612. State of Washington v. William Gordon Thompson from Pulaski Chancery, Tenth Division. Affirmed in Part, Reversed in Part. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

99-587. Ronnie D. Ford, Individually and as Personal Representative of the Estate of Ernie C. Ford, Deceased, and Terry G. Ford v. St. Paul Fire & Marine Insurance Company, Internal Medicine Associates, P.A., Surgical Clinic of Northeast Arkansas, P.A., and Dr. Scott M. Kelly, from Craighead Circuit, Western District. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-748. William B. Snyder v. State of Arkansas, from Crawford Circuit. Affirmed. (2 PAGES UNPUBLISHED)[HTML, WP5.1]

CR98-925. Robert Ross White v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1014. Johnny Ray Williams v. State of Arkansas, from Columbia Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1026. Billy Ray Tidwell v. Winston Bryant, Attorney General et al., from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR98-1281. Christina Marie Riggs v. State of Arkansas, from Pulaski Circuit, Fourth Division. Thornton, J., would grant.

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REVIEW GRANTED: Petition for review was granted today in the following case.

99-1327. Bob Cole Bail Bonds, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

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99-1394. Michael Prince, Ph.D. v. David Blaske, Ph.D., and the Arkansas Board of Examiners in Psychology, an original action. Motion for rule on the clerk is denied.

CR98-922. Donnie Whitney v. State of Arkansas, from Lafayette Circuit. Motion for reconsideration is denied.

CR98-1073. Mack E. Stephens v. State of Arkansas, from Van Buren Circuit. Motion for belated appeal and appointment of counsel is granted. Attorney David Bowden appointed.

CR99-809. James Avery Slack v. State of Arkansas, from Faulkner Circuit. Appellant's motion for extension of time to return writ of certiorari is granted.

CR99-1063. Curtis Winfrey v. State of Arkansas, from Little River Circuit. Entry of appearance as counsel for appellant. Noted.

99-1258. G & D Construction, Inc. v. Doug Sperry and Jane Sperry, from Benton Circuit. Appellees' motion for attorney's fees is denied. Brief cost granted.

99-1356. Pine Bluff Large Animal Veterinary Service v. Kay Marx, from Jefferson Circuit. Motion for rule on the clerk is denied.

99-1357. Pine Bluff Large Animal Veterinary Service v. General Motors Corporation, from Jefferson Circuit. Motion for rule on the clerk is denied.

CA99-1182. Lowell Taylor v. Zanone Properties, from Crittenden Circuit. Appellant's motion to stay briefing schedule and consolidate appeals. Denied without prejudice.

CR99-386. Andrew Neely, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to file overlength brief-in-chief denied; motion for extension of time to file brief granted. (Final Extension). See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-952. Walter MacKintrush v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for rule on clerk to file a belated motion for extension of time treated as motion to file a belated brief and granted; motion to stay appeal moot; motion to amend motion for rule on clerk treated as motion to supplement record with transcript of 1995 trial and denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-972. Curtis Ashlock v. State of Arkansas, from Crawford Circuit. Pro se motions to relieve counsel and to appoint other counsel denied; motion for extension of time moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1341. Steven E. Hill v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion to relieve counsel and to appoint other counsel. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Administrative Order Number 2(a). See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Qualifications and Standards of Practice for Attorney Ad Litem Appointments in Chancery Court Cases and Guardianship Cases. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure 5, 6, 8, 12, 45, and 60; and Arkansas Rules of Appellate Procedure-Civil 2, 4, and 5. See per curiam this date. (19 PAGES PUBLISHED) [HTML, WP5.1]

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit.  Petition to stay execution pending appeal granted; petition for writ of certiorari granted; motion for permission to withdraw and for substitution of counsel granted.  Corbin, J., not participating.

MOTIONS SUBMITTED

PETITION FOR REVIEW:

99-1379. Thomas Rackley Tackett v. McDonald's Corporation and McDonald's of Russellville, Inc., from Pope Circuit.

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CR99-353. Clay King Smith v. State of Arkansas, from Jefferson Circuit. Petition for writ of certiorari.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellants' motion to file belated brief.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellees' motion to dismiss appeal.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellants' motion for extension of time to file supplemental brief.

99-1249. Newcourt Financial, Inc. et al. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for attorney's fees.

99-1249. Newcourt Financial, Inc. et al. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for clarification.

99-1389. Tameron Cudney, Arkansas Bar Applicant v. State Board of Law Examiners, an Original Action. Motion to sit for the February 2000 Arkansas bar examination.

SUBMISSIONS

CR98-1354. Trent Harmon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Argued orally.

98-1415. Ross Explorations, Inc. v. Freedom Energy, Inc., from Sebastian Chancery, Greenwood District. Argued orally.

CR98-423. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit.

98-1012. Elizabeth Gammon Brown v. Larry Norris, Director, Arkansas Department of Correction, from Jackson Circuit.

99-526. Nakia Baker et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division.