Crockett v. Essex (Crabtree, J.) CA99-326

Torts -- Outrage; appellant court could not say that facts alleged would not constitute outrage; reversed and remanded. [HTML, WP5.1]

Foundation Telecomm., Inc. v. Moe Studio, Inc. (Robbins, C.J.) CA99-516

Judges -- Proceedings void where parties select special judge by agreement; judgment voided and appeal dismissed where record showed no constitutionally required election of special judge. [HTML, WP5.1]

Frances v. Gaylord Container Corp. (Robbins, C.J.) CA99-372

Workers' compensation -- Denial of compensability reversed; no substantial evidence to support Commission's decision; physician's opinion on work-related accident sufficient to satisfy statute. [HTML, WP5.1]

Friedrich v. Bevis (Roaf, J.) CA99-720

Parent & child -- Distant relocation of custodial parent; potential move advantageous to family unit; chancellor's decision not clearly erroneous. [HTML, WP5.1]

Jennings v. State (Meads, J.) CACR99-255

Criminal procedure -- Ark. R. Crim. P. 3.1; officer lacked reasonable suspicion to stop appellant; stop not justified; motion to suppress should have been granted. [HTML, WP5.1]

Norman v. Swift (Hays, S.J.) CA99-539

Appeal & error -- Appellant failed to follow applicable rules; appeal untimely. [HTML, WP5.1]

Shelter Mut. Ins. Co. v. Williams (Pittman, J.) CA99-701

Insurance -- Stacking UIM policies not prohibited by statute; policy clearly prohibited stacking; reversed and dismissed. [HTML, WP5.1]

Assurance Co. of Am. v. Horton, CA 99-234 (Griffen, J.), reversed and dismissed January 19, 2000. [HTML, WP5.1]

Bauman v. State, CA CR 99-481 (Robbins, C.J.), affirmed January 19, 2000. [HTML, WP5.1]

Bridges v. Williams, CA 99-496 (Hart, J.), affirmed January 19, 2000. [HTML, WP5.1]

Cahoon v. AAA U-Rent It, Inc., CA 99-641 (Roaf, J.), affirmed January 19, 2000. [HTML, WP5.1]

Celtic Life Ins. Co. v. Blunk, CA 99-577 (Bird, J.), affirmed January 19, 2000. [HTML, WP5.1]

Craft v. Hawkins, CA 99-414 (Hays, S.J.), affirmed January 19, 2000. [HTML, WP5.1]

Earnest v. State, CA CR 99-706 (Griffen, J.), affirmed January 19, 2000. [HTML, WP5.1]

Edwards v. Key, CA 99-699 (Robbins, C.J.), affirmed in part; reversed in part January 19, 2000. [HTML, WP5.1]

England v. Arkansas Dep't of Fin. and Admin., CA 99-560 (Neal, J.), affirmed January 19, 2000. [HTML, WP5.1]

Glover v. Woodhaven Homes, Inc., CA 99-388 (Jennings, J.), affirmed as modified on direct appeal; reversed on cross-appeal January 19, 2000. [HTML, WP5.1]

Hoggatt v. State, CA CR 99-663 (Neal, J.), affirmed January 19, 2000. [HTML, WP5.1]

Jackson v. State, CA CR 99-311 (Hart, J.), affirmed January 19, 2000. [HTML, WP5.1]

Koch v. State, CA CR 99-643 (Hays, S.J.), affirmed January 19, 2000. [HTML, WP5.1]

Magee v. Anderson, CA 99-725 (Meads, J.), reversed January 19, 2000. [HTML, WP5.1]

Michael v. Village Mkts., CA 99-622 (Crabtree, J.), affirmed January 19, 2000. [HTML, WP5.1]

Smalling v. State Military Dep't, CA 99-670 (Meads, J.), affirmed January 19, 2000. [HTML, WP5.1]

Strom v. State, CA CR 99-200 (Griffen, J.), Supplemental Opinion on grant of petition for rehearing January 19, 2000. [HTML, WP5.1]

Zarlingo v. State, CA CR 99-518 (Bird, J.), affirmed January 19, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-481. Karl H. Bauman, Sr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Meads, J., and Hays, S.J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-372. Charles Frances v. Gaylord Container Corporation, from Workers' Compensation Commission. Reversed and Remanded. Hart, Rogers, and Roaf, JJ., agree. Jennings and Stroud, JJ., dissent. (7 PAGES + 1-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-516. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit. Dismissed. Hart and Stroud, JJ., agree. Roaf, J., concurs. Jennings, J., and Hays, S.J., dissent. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-699. Calvin Edwards, d/b/a Edwards Aviation Services v. Christopher Key, individually and d/b/a Key Enterprises, from Crawford Circuit. Affirmed in Part; Reversed in Part. Meads, J., and Hays, S.J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-701. Shelter Mutual Insurance Company v. Hosea Williams, from Pulaski Circuit. Reversed and Dismissed. Jennings and Neal, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-311. Larry B. Jackson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-496. Jerry Bridges d/b/a Bridges Carpet Center v. Sharon Williams, from Pulaski Circuit. Affirmed. Stroud and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-388. Ross Glover and Debbie Glover v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division. Affirmed as Modified on Direct Appeal; Reversed on Cross-Appeal. Pittman and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-518. Terrence M. Zarlingo v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-577. Celtic Life Insurance Company v. Martha Blunk, from Pulaski Circuit. Affirmed. Jennings and Rogers, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-663. Daniel T. Hoggatt v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-560. Molly England v. Arkansas Department of Finance and Administration, from Workers' Compensation Commission. Affirmed. Pittman and Jennings, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-706. Matthew Earnest v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Stroud, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-234. Assurance Company of America v. Eutaw Horton et al., from Faulkner Circuit. Reversed and Dismissed. Bird and Crabtree, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA99-326 Carl Crockett et al. v. Stewart Essex and Turpin Funeral Home, Inc., from Arkansas Circuit. Reversed and Remanded. Robbins, C.J., Hart and Griffen, JJ., agree. Meads, J., and Hays, S.J., dissent. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-622. Anita Michael v. Village Markets, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-255. Cameron Dewayne Jennings v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Robbins, C.J., Hart and Griffen, JJ., agree. Crabtree, J., and Hays, S.J., dissent. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-670. Ray E. Smalling v. State Military Department and Public Employee Claims Division, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Hays, S.J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-725. John Magee v. Carl Anderson, from Benton Circuit. Reversed. Robbins, C.J., and Hays, S.J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-641. David Cahoon v. AAA U-Rent It, Inc., from Workers' Compensation Commission. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-720. Scott E. Friedrich v. Julie A. Friedrich Bevis, from Benton Chancery. Affirmed as Modified. Griffen and Meads, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

STEELE HAYS, SPECIAL JUDGE:

CACR99-643. George Mathias Koch v. State of Arkansas, from Logan Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-414. Mark E. Craft v. Anna Hawkins, from Clay Probate. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-539. Larry J. Norman v. Gladys F. Swift, from Pulaski Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CACR99-200. Donald Gene Strom v. State of Arkansas, from Grant Circuit. See supplemental opinion on grant of petition. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CACR99-315. James Cole, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-442. Scottie Wayne Flippo v. State of Arkansas, from Boone Circuit.

CACR99-566. Robert John Ray v. State of Arkansas, from Garland Circuit.

CA99-171. Brenda Delancey v. Dollar General, from Workers' Compensation Commission.

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CACR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District. Appellant's pro se motion to reset rebriefing schedule is granted. Appellant's brief due February 28, 2000.

CACR98-1301. Marcus Collier v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to reinstate appeal is granted. Appellant's brief due February 28, 2000. Appeal bond denied.

CACR99-428. Kenneth Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for newly discovered evidence, to reverse and vacate sentence, for ineffective assistance of counsel and to suppress evidence is denied.

CA99-724. Glynda Caldwell et al. v. Allenfarm, Inc., from Benton Circuit. Appellant's motion to cancel oral argument is denied.

CA99-1328. Bob J. McAdams et al. v. Robert S. Moore et al., from Pulaski Chancery, First Division. Appellants' motion to supplement the record and to stay briefing schedule is moot. Appellants' motion to dismiss granted.

CA99-1377. General Accident Insurance Company of America v. Teresa Jaynes, Special Administrator of the Estate of David Laroy Jaynes, Deceased, from Faulkner Probate. Appellant's motion to consolidate this appeal with CA99-1378 is granted. Appellant's brief due March 20, 2000.

PETITIONS FOR REHEARING:

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

CACR99-480. Roger D. Owen v. State of Arkansas, from Faulkner Circuit.

CA99-430. Marvin Carmical and Margaret Carmical v. David McAfee, from White Circuit.

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

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CACR99-375. Aca Colquitt Murphy v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees.

CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to disqualify appellee's brief.

CACR99-532. Koren Michelle Ofunwa v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR99-1005. Ricky Dunn v. State of Arkansas, from Ouachita Circuit. Appellant's pro se motion for transcript.

CA99-1201. Helen Bowers et al. v. J. Harmon Smith et al., from St. Francis Probate. Motion of appellee, B. Michael Easley, to stay brief time pending the lodging of subsequent appeals.

CA99-1230. Cheryl Downing v. University of Arkansas, from Workers' Compensation Commission. Appellant's motion to stay brief time and to supplement the record.

CA99-1366. Philip Aka, Special Administrator v. Erma Washington, M.D. et al., from Jefferson Circuit. Motion of appellee, Erma Washington, M.D., to dismiss appeal.

CA99-1401. Southern Farm Bureau Casualty Insurance Company v. Ronny Dean, from Arkansas Circuit, Northern District. Appellant's motion to return mandate to the trial court and stay briefing schedule.

CA99-110. Karen Armstrong v. Ramona Watts, from Pulaski Probate, First Division. Argued orally.

CA99-770. Sandra Stewart v. Stephen A. Colvert, from Pulaski Circuit, Seventh Division. Argued orally.

CA99-839. Maverick Transportation v. David Buzzard et al., from Workers' Compensation Commission. Argued orally.

CACR98-1396. Avenell Scott v. State of Arkansas, from Chicot Circuit.

CACR99-61. Ray Albert Hussey v. State of Arkansas, from Chicot Circuit.

CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit.

CACR99-349. Calvin Jarrett, Jr. v. State of Arkansas, from Phillips Circuit.

CACR99-521. Kevin Powell v. State of Arkansas, from Conway Circuit.

CACR99-604. Timothy Wayne Hardin v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-774. Victor Witherspoon v. State of Arkansas, from Clark Circuit.

CACR99-786. Antoine Olando Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-825. Timothy Beasley v. State of Arkansas, from Pulaski Circuit, First Division.

CA99-440. Faye Jean Moye v. Southeast Foods, Inc., from Chicot Circuit.

CA99-514. Ginger Montgomery v. Conway Human Development Center et al., from Workers' Compensation Commission.

CA99-599. Kevin Mayberry v. Dorothy Flowers, from Conway Chancery.

CA99-675. Terri Edwards v. First Brands Corporation, from Workers' Compensation Commission.

CA99-705. Tim Watson et ux. v. Blanche Calvin et al., from Greene Chancery.

CA99-723. Wal-Mart Stores, Inc. v. Leota Griffin, from Workers' Compensation Commission.

CA99-731. Lucille Beard Cottrell et al. v. Pauline Beard et al., from Ouachita Chancery.

CA99-739. Charles W. Gaines v. SMI Joist Company, from Workers' Compensation Commission.

CA99-748. William Strecker v. Holiday Island Suburban Improvement District et al., from Workers' Compensation Commission.

CA99-760. Billy Houston Reed v. Lea Ann Reed, from Jefferson Chancery.

CA99-776. Sam's Wholesale Club v. Vito Rizzi, from Workers' Compensation Commission.

CA99-910. Greta Lynn Floyd v. Sheikh Moshinuddin, from Washington Circuit.

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

E99-230. Rose M. Anderson v. Director et al.

E99-231. Pindarius A. Henderson v. Director et al.

E99-233. Chachawal Chawangkul v. Director et al.

E99-237. Hella C. Price v. Director et al.

E99-238. Betty J. Moore v. Director et al.

E99-239. Mattie B. McClain v. Director et al.

E99-240. Sandra K. Bethea v. Director et al.

E99-242. Janell H. French v. Director et al.

E99-243. James L. Smith v. Director et al.

E99-244. Victor L. Orsak, Jr. v. Director et al.

E99-245. Lula M. Roberts v. Director et al.

E99-246. Deborah J. Schee v. Director et al.