Carmical v. McAfee (Hart, J.) CA99-430

Torts -- Appellants failed to prove abuse of process; circuit court did not err in granting summary judgment on appellants' outrage allegation; zoning & planning; "same lot" restriction; circuit court did not err in finding probable cause for appellee's complaint; no error in granting summary judgment on civil-rights claim; appellants failed to prove abuse of process; appellants not entitled to punitive damages as matter of law; summary judgment affirmed. [HTML, WP5.1]

Clark v. Sbarro, Inc. (Pittman, J.) CA99-383

-- Published dissent only. [HTML, WP5.1]

Davis v. State (Meads, J.) CACR99-164

Search & seizure -- Warrantless search; no reasonable suspicion existed to search vehicle; motion to suppress marijuana should have been granted. [HTML, WP5.1]

Douglas Tobacco Prods. Co. v. Gerrald (Robbins, C.J.) CA99-642

Workers' compensation -- Second Injury Fund liable; all three necessary elements met; wage-loss disability award of fifty percent supported by substantial evidence. [HTML, WP5.1]

Miller v. State (Neal, J.) CACR99-52

Criminal law -- Possession of drugs; evidence sufficient to find constructive possession of marijuana; evidence insufficient to find constructive possession of cocaine. [HTML, WP5.1]

Pace v. Castleberry (Griffen, J.) CA99-397

Appeal & error -- Arkansas Inferior Court Rule 9 not complied with; affidavit did not allege that clerk neglected to file record. [HTML, WP5.1]

American Storage, Inc. v. West, CA 99-570 (Bird, J.), affirmed December 22, 1999.

Batts v. State, CA CR 99-468 (Hart, J.), affirmed December 22, 1999.

Bell v. Bell, CA 99-503 (Crabtree, J.), reversed and remanded December 22, 1999.

Cullers v. State, CA CR 99-337 (Pittman, J.), affirmed December 22, 1999.

Davis v. State, CA CR 99-636 (Griffen, J.), affirmed December 22, 1999.

Dixon v. Dixon, CA 99-463 (Meads, J.), affirmed December 22, 1999.

Eldridge v. State, CA 99-177 (Robbins, C.J.), affirmed December 22, 1999.

Elliott v. State, CA CR 99-666 (Bird, J.), affirmed December 22, 1999.

Flippo v. State, CA CR 99-442 (Jennings, J.), affirmed December 22, 1999.

Gordon v. Atlas Carriers, Inc., CA 99-453 (Jennings, J.), affirmed December 22, 1999.

Hamilton v. Rheem Air Conditioning Div., CA 99-610 (Neal, J.), affirmed December 22, 1999.

James v. State, CA CR 99-469 (Bird, J.), affirmed December 22, 1999.

Johnson v. Arkansas Dep't of Human Servs., CA 99-286 (Jennings, J.), affirmed December 22, 1999.

Jones v. State, CA CR 99-320 (Jennings, J.), affirmed December 22, 1999.

Owen v. State, CA CR 99-480 (Stroud, J.), affirmed December 22, 1999.

Payton v. State, CA CR 99-412 (Pittman, J.), affirmed December 22, 1999.

Ray v. State, CA CR 99-566 (Neal, J.), affirmed December 22, 1999.

Smith v. State, CA 99-651 (Crabtree, J.), affirmed December 22, 1999.

Tindall v. Feazell, CA 99-602 (Jennings, J.), affirmed December 22, 1999.

Tindall v. Hargis, CA 99-585 (Stroud, J.), affirmed December 22, 1999.

Ward v. Ward, CA 99-424 (Crabtree, J.), affirmed December 22, 1999.

JOHN B. ROBBINS, CHIEF JUDGE:

CA99-177. Jesse Ethan Eldridge and James Neal Eldridge v. State of Arkansas, from Pope Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED)

CA99-642. Douglas Tobacco Products Company, Inc. v. Betty Gerrald et al., from Workers' Compensation Commission. Affirmed in Part; Reversed in Part. Pittman and Hart, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-337. Gina Elizabeth Cullers v. State of Arkansas, from Washington Circuit. Affirmed. Neal and Meads, JJ., agree. (2 PAGES UNPUBLISHED)

CACR99-412. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Affirmed. Neal and Meads, JJ., agree. (4 PAGES UNPUBLISHED)

JOSEPHINE LINKER HART, JUDGE:

CACR99-468. Edward Batts v. State of Arkansas, from Ouachita Circuit. Affirmed. Robbins, C.J., and Pittman, J., agree. (3 PAGES UNPUBLISHED)

CA99-430. Marvin Carmical and Margaret E. Carmical v. David McAfee, from White Circuit. Affirmed. Robbins, C.J., and Pittman, J., agree. (19 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-320. David Bruce Jones v. State of Arkansas, from Hot Spring Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (3 PAGES UNPUBLISHED)

CACR99-442. Scottie Wayne Flippo v. State of Arkansas, from Boone Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (4 PAGES UNPUBLISHED)

CA99-286. James Johnson v. Arkansas Department of Human Services, from Pulaski Chancery, Juvenile Division. Affirmed. Bird and Rogers, JJ., agree. (5 PAGES UNPUBLISHED)

CA99-453. Joe Bill Gordon v. Atlas Carriers, Inc., from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Stroud, J., agree. (4 PAGES UNPUBLISHED)

CA99-602. Kelly G. Tindall and Tina Tindall v. Johnna Feazell, from Carroll Chancery, Juvenile Division. Affirmed. Robbins, C.J., and Stroud, J., agree. (9 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR99-469. Charles B. James II v. State of Arkansas, from Garland Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

CACR99-666. Michael Elliott v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Rogers, JJ., agree. (7 PAGES UNPUBLISHED)

CA99-570. American Storage, Inc. v. Thomas West, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (11 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR99-480. Roger D. Owen v. State of Arkansas, from Faulkner Circuit. Affirmed. Neal and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED)

CA99-585. Richard Tindall and Cassandra Tindall v. Teresa Diane Hargis, from Desha Chancery, First Division. Affirmed. Neal and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR99-52. James Luther Miller v. State of Arkansas, from Nevada Circuit. Affirmed in Part; Reversed and Dismissed in Part. Crabtree and Meads, JJ., agree. Hart, J., concurs in part and dissents in part. Bird and Stroud, JJ., dissent. (6 PAGES + 2-PAGE CONCURRENCE/DISSENT +5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR99-566. Robert John Ray v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Stroud, JJ., agree. (5 PAGES UNPUBLISHED)

CA99-610. Betty Hamilton v. Rheem Air Conditioning Division, from Workers' Compensation Commission. Affirmed. Stroud and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR99-636. Doris Ann Davis v. State of Arkansas, from Pulaski Circuit. Affirmed. Meads and Roaf, JJ., agree. (10 PAGES UNPUBLISHED)

CA99-397. Keith Pace v. Tommy Castleberry, from Bradley Circuit. Affirmed. Hart, J., and Hays, S.J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA99-424. Harold L. Ward v. Nancy L. Ward, from Saline Chancery. Affirmed. Stroud and Neal, JJ., agree. (5 PAGES UNPUBLISHED)

CA99-503. James Thomas Bell v. Samantha Bell, from Pulaski Chancery. Reversed and Remanded. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED)

CA99-651. Harold Eugene Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud and Neal, JJ., agree. (4 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR99-164. Jimmie Leslie Davis v. State of Arkansas, from Arkansas Circuit. Reversed and Remanded. Griffen and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA99-463. Howard T. Dixon v. Joe Dixon, from Clark Chancery. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

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

CA98-1343. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery. Griffen, J., would grant.

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

CA99-383. Christopher Clark (Deceased) v. Sbarro, Inc., from Workers' Compensation Commission. Pittman, J., would grant. See dissent to denial of rehearing this date. (2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

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CACR99-231. Timothy Gaffney v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $750.00.

CACR99-446. Darrell Robinson v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison for attorney's fees is granted. Allowed $350.00.

CACR99-962. Kevin Franklin v. State of Arkansas, from Phillips Circuit. Appellant's motion for brief time is granted. Griffen and Meads, JJ., would make this the final extension.

CACR99-1277. Mark Simmerson v. State of Arkansas, from Grant Circuit. Appellant's motion to supplement the record and for brief time is granted. Supplement due in forty-five days. Brief due March 1, 2000.

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

CA98-1343. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery. Appellant's motion for stay of mandate is granted.

CA99-1123. Arkansas Transit Homes, Inc. v. Aetna Life & Casualty, from Pulaski Circuit, Third Division. Motion of "Amici Associations" for permission to file amicus curiae brief is granted.

CA99-1317. MDH Builders, Inc. v. Nabholz Construction Corporation, from Pulaski Chancery, Sixth Division. Appellant's motion for attachment to abstract is granted.

CA99-1411. Jack Murray et ux. v. Betty Hall et al., from Craighead Chancery, Western District. Appellants' motion and request for guidance is remanded to the trial court to settle the record within thirty days. Arkansas Rule of Appellate Procedure 6(d).

PETITIONS FOR REHEARING:

CACR99-200. Donald Gene Strom v. State of Arkansas, from Grant Circuit.

CA99-84. T&T Materials v. Willie Mooney et al., from Van Buren Circuit.

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CACR99-863. Reginald J. Dunn and Brian Fizgerald Hall v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellants' motion for brief time.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion for transcript.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to relieve counsel and for appointment of new counsel.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to waive duplication requirement.

CACR99-1054. Billy Joe Scott v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the abstract and file a substituted brief.

CACR99-1131. James Michael Crossno v. State of Arkansas, from Yell Circuit, Northern District. Appellant's motion to complete the record and for brief time.

CACR99-1295. Carlton Pennington v. State of Arkansas, from Fulton Circuit. Motion of William C. McArthur to be appointed as counsel for appellant.

CA99-288. Virgil O. Hooker et al. v. Agribank, FCB, from St. Francis Chancery. Appellants' pro se motion to file belated reply brief.

CA99-515. St. Paul Fire & Marine Insurance Company, v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Appellant's motion to lift stay and to consolidate with 99-891.

CA99-702. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Appellee's motion for oral argument.

CA99-868. Orr, Inc. v. David Hood, from Miller Circuit. Appellant's motion for brief time.

CA99-907. Paul Hudson v. IPC International Corporation, from Workers' Compensation Commission. Appellant's motion to amend and supplement the abstract or, in the alternative, to file a substituted brief.

CA99-973. Otto W. Hess v. Chicago Mill and Lumber Company, from Phillips Chancery. Appellee's motion to file belated brief.

CA99-1032. Dionne McClain-Snowden v. Glinder Riggins, Administratrix, from Union Probate. Appellant's motion to supplement the record with new evidence.

CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellant's motion for brief time.

CA99-1078. Patti Kristina Fryer et al. v. Michael K. Evans et al., from Cross Circuit. Appellees' motion to dismiss appeal and stay briefing schedule.

CA99-1265. James W. Pettus et al. v. Joseph Robert Holcomb, Jr. et al., from Saline Chancery. Appellants' motion to file belated brief.