Opinions delivered
February 2, 2000
Cottrell v. Beard (Robbins, C.J.) CA99-731
Deeds -- Reservation inapplicable; chancellor's denial of appellant's attempt to enforce affirmed. [HTML, WP5.1]
Jarrett v. City of Marvell (Bird, J.) CACR99-349
Municipal corporations -- Collection & disposal of garbage; ordinances mandated by Legislature; fine imposed as allowed by ordinance; commitment to jail constitutional. [HTML, WP5.1]
Lloyd v. United Parcel Serv. (Robbins, C.J.) CA99-562
Workers' compensation -- Denial of claim; Commission's opinion failed to display substantial basis for denial of relief; reversed & remanded for award of benefits. [HTML, WP5.1]
Meadors v. Arkadelphia Pub. Schs.(Neal, J.) CA99-382
Schools & school districts -- New contract constituted reassignment; motion to dismiss properly granted; Teacher Fair Dismissal Act inapplicable. [HTML, WP5.1]
Watson v. Calvin (Meads, J.) CA99-705
Property -- Sale of property subject to unfulfilled lease; buyer takes subject to lease; no error in granting summary judgment in favor of appellee. [HTML, WP5.1]
Beasley v. State, CA CR 99-825 (Meads, J.), affirmed February 2, 2000. [HTML, WP5.1]
Cole v. Arkansas Dep't of Human Servs., CA 99-540 (Crabtree, J.), affirmed February 2, 2000. [HTML, WP5.1]
Gant v. State, CA CR 99-546 (Rogers, J.), rebriefing ordered February 2, 2000. [HTML, WP5.1]
Glass v. State, CA CR 99-709 (Griffen, J.), affirmed February 2, 2000. [HTML, WP5.1]
Hardin v. State, CA CR 99-604 (Neal, J.), affirmed February 2, 2000. [HTML, WP5.1]
Hunt v. State, CA CR 99-260 (Robbins, C.J.), affirmed February 2, 2000. [HTML, WP5.1]
Hussey v. State, CA CR 99-61 (Jennings, J.), affirmed February 2, 2000. [HTML, WP5.1]
Jordan v. State, CA CR 98-1502 (Griffen, J.), affirmed February 2, 2000. [HTML, WP5.1]
Malone v. State, CA CR 99-524 (Hays, S.J.), affirmed February 2, 2000. [HTML, WP5.1]
Montgomery v. Conway Human Dev. Ctr., CA 99-514 (Hart, J.), affirmed February 2, 2000. [HTML, WP5.1]
Powell v. State, CA CR 99-521 (Rogers, J.), rebriefing ordered February 2, 2000. [HTML, WP5.1]
Stewart v. Colvert, CA 99-770 (Hart, J.), affirmed February 2, 2000. [HTML, WP5.1]
Strecker v. Holiday Island Suburban Imprvmt., CA 99-748 (Crabtree, J.), affirmed February 2, 2000. [HTML, WP5.1]
Trusty v. Trusty, CA 99-696 (Hays, S.J.), affirmed February 2, 2000. [HTML, WP5.1]
Wal-Mart Stores, Inc. v. Griffin, CA 99-723 (Pittman, J.), affirmed February 2, 2000. [HTML, WP5.1]
Williams v. State, CA CR 99-786 (Crabtree, J.), affirmed February 2, 2000. [HTML, WP5.1]
Anderson v. Director of Labor, E 99-230, February 2, 2000.
Bethea v. Director of Labor, E 99-240, February 2, 2000.
Chawangkul v. Director of Labor, E 99-233, February 2, 2000.
French v. Director of Labor, E 99-242, February 2, 2000.
Henderson v. Director of Labor, E 99-231, February 2, 2000.
McClain v. Director of Labor, E 99-239, February 2, 2000.
Orsak v. Director of Labor, E 99-244, February 2, 2000.
Price v. Director of Labor, E 99-237, February 2, 2000.
Roberts v. Director of Labor, E 99-245, February 2, 2000.
Schee v. Director of Labor, E 99-246, February 2, 2000.
Smith v. Director of Labor, E 99-243, February 2, 2000.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Affirmed. Rogers and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-562. Suellen Lloyd v. United Parcel Service, from Workers' Compensation Commission. Reversed and Remanded. Hart, Bird, Griffen, and Roaf, JJ., agree. Jennings, Stroud, Crabtree, JJ., and Hays, S.J., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA99-731. Lucille Beard Cottrell et al. v. Pauline Beard et al., from Ouachita Chancery. Affirmed. Rogers and Meads, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA99-723. Wal-Mart Stores, Inc. v. Leota Griffin, from Workers' Compensation Commission. Affirmed. Jennings and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA99-514. Ginger K. Montgomery v. Conway Human Development Center, from Workers' Compensation Commission. Affirmed. Stroud and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-770. Sandra Stewart v. Stephen A. Colvert, from Pulaski Circuit. Affirmed. Stroud and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CACR99-61. Ray Albert Hussey v. State of Arkansas, from Chicot Circuit. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR99-349. Calvin Jarrett, Jr. v. City of Marvell, from Phillips Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
JUDITH ROGERS, JUDGE:
CACR99-521. Kevin Powell v. State of Arkansas, from Conway Circuit. Rebriefing Ordered. Robbins, C.J., and Meads, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR99-546. Hosie Gant v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Jennings and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR99-604. Timothy Wayne Hardin v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-382. James Meadors v. Arkadelphia Public Schools, from Clark Chancery. Affirmed. Robbins, C.J., Pittman, Jennings, and Stroud, JJ., agree. Meads, J., dissents. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR98-1502. Rena Faith Jordan v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR99-709. Dewayne Glass v. State of Arkansas, from Chicot Circuit. Affirmed. Hart and Stroud, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR99-786. Antoine Olando Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-540. Jackie Cole v. Arkansas Department of Human Services, from Pulaski Chancery. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-748. William Strecker v. Holiday Island Suburban Improvement, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CACR99-825. Timothy Aaron Beasley v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Rogers, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-705. Tim Watson and Rebecca Watson v. Blanche Calvin, from Greene Chancery. Affirmed. Robbins, C.J., agrees. Rogers, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
STEELE HAYS, SPECIAL JUDGE:
CACR99-524. Drew Malone; Raines III v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-696. Randy Ray Trusty v. Beth Howard Trusty, from Johnson Chancery. Affirmed. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
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.
E99-239. 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 Roberts v. Director et al.
E99-246. Deborah J. Schee v. Director et al.
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division.
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CACR98-114. Gary Gipson v. State of Arkansas, from Van Buren Circuit. Appellant's petition to reinvest trial court with jurisdiction to consider petition for writ of error coram nobis is certified to the Supreme Court. Crabtree, J., would not certify. Meads, J., not participating.
CACR99-1092. James Brown v. State of Arkansas, from Jefferson Circuit. Appellant's motion for brief time is granted. Griffen and Crabtree, JJ., would deny.
CACR99-1096. Tom Donovan v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's second motion to file enlarged brief is granted.
CA99-686. Michael Romero v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Joint motion of appellees to dismiss appeal is denied without prejudice. Crabtree, J., would grant.
CA99-1122. Andre Sain v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for brief time is granted. Griffen and Crabtree, JJ., would deny.
CA99-1125. Richard Robert Sanborn v. Dee Anna Sanborn, from Washington Chancery. Appellee's motion to dismiss appeal is granted.
CA99-1164. Jo Ann Hoffman v. Carmen S. Greenup et al., from Benton Circuit. Appellees' motion to dismiss appeal and motion for restrictive order against appellant is denied. Appellees' brief time is granted to March 1, 2000.
CA99-1230. Cheryl Downing v. University of Arkansas, from Workers' Compensation Commission. Appellant's motion to stay brief time is moot. Motion to supplement the record is denied.
CA99-1330. Carey Barker v. Rogers Group, Inc. et al., from Faulkner Circuit. Motion to file amicus curiae brief is denied.
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 unopposed motion to stay briefing schedule is granted. Appellant's brief due March 3, 2000.
CA99-1481. Gordon Andrew Stellpflug v. Vicki Verleen Stellpflug, from Benton Chancery. Motion of Jim Johnson to withdraw as attorney for appellee is granted.
PETITIONS FOR REHEARING:
CA99-234. Assurance Company of America v. Eutaw Horton et al., from Faulkner Circuit.
CA99-516. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit.
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CACR98-1525. Jason Jordan v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of G.B."Bing" Colvin, III for attorney's fees.
CACR99-206. Robert S. Sweeney v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to substitute counsel.
CACR99-581. Victor Medlock, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to file a substituted abstract and brief.
CACR99-832. Bobby Ray Moore v. State of Arkansas, from Hot Spring Circuit. Motion of Joe Kelly Hardin for attorney's fees.
CACR99-869. Timothy L. Epps v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for brief time.
CACR99-1011. Brian Embry v. State of Arkansas, from Pope Circuit. Appellant's motion to file belated reply brief.
CACR99-1014. Larry Howard v. State of Arkansas, from Boone Circuit. Appellant's pro se motion for appeal bond.
CA98-1444. J.A. Wampler et al. v. Carolyn Wampler Richardson et al., from Woodruff Chancery. Appellees' expedited motion to reconsider postponement of oral argument.
CA99-472. Jack L. Tyler v. Harold Thomas, from Pulaski Chancery, Second Division. Appellee's motion for attorney's fees.
CA99-516. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit. Appellee's motion to supplement the record.
CA99-904. Christopher Bonwich v. Rosemary J. King, from Pulaski Chancery, Third Division. Appellee's motion to proceed pro se and relieve counsel.
CA99-942. Charles Thomas Swafford v. Barbara Anne Swafford, from Faulkner Chancery. Appellee's motion to supplement the abstract.
CA99-988. Raymond C. Sweeden et al. v. Farmers Insurance Group, from Lonoke Circuit. Motion of separate appellants to incorporate abstract and for brief time.
CA99-1066. Henry Bell v. Pine Bluff Toyota, from Workers' Compensation Commission. Appellee's motion to file belated brief.
CA99-1306. John L. Lindquist et al. v. Arkansas Oil and Gas Commission, from Sebastian Circuit, Fort Smith District. Motion of Mark Pryor, Attorney General, for permission to file amicus curiae brief.
CA99-1374. Kristie's Katering, Inc. v. Nasser Ameri, from Pulaski Circuit, Third Division. Appellant's motion to supplement the record and stay briefing schedule.
CA00-82. Lois J. Lloyd v. Area Agency On Aging, from Workers' Compensation Commission. Motion for rule on clerk to lodge transcript.
CA98-1249. Southwestern Bell Telephone Company v. Arkansas Public Service Commission, from Public Service Commission. Argued orally.
CA99-472. Jack L. Tyler v. Harold Thomas, from Pulaski Chancery, Second Division. Argued orally.
CACR99-142. James Garner Green v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR99-354. Billy Mack Nichols and Byron Gillespie v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR99-574. Tammy B. Smith v. City of Pottsville, from Pope Circuit.
CACR99-582. Ricky L. Martin v. State of Arkansas, from Crittenden Circuit.
CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit.
CACR99-609. Ruby A. Welsh v. State of Arkansas, from Garland Circuit.
CACR99-676. Rodney Lewis Allen v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR99-815. Teresa Carr v. State of Arkansas, from Pope Circuit.
CACR99-832. Bobby Ray Moore v. State of Arkansas, from Hot Spring Circuit.
CACR99-931. David A. Farwell v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA99-476. Bobby Fletcher v. State of Arkansas, from Washington Circuit.
CA99-533. Susan Bolte v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District.
CA99-629. Doris Carden v. Andrew J. McDonald, from Perry Chancery.
CA99-646. David Bussell v. Burlington Industries, from Workers' Compensation Commission.
CA99-711. Don Fabricius v. Alta Fabricius, from Lawrence Chancery.
CA99-740. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission.
CA99-756. Robert Leroy Coker, II v. Child Support Enforcement Unit, from Washington Probate.
CA99-783. David Alan Keenen v. Cloetta Jean Keenen, from Benton Chancery.
CA99-805. Jere Johnston v. Dona Stevenson-Schulte, from Drew Probate.
CA99-823. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission.
CA99-850. Ruth Vansickle v. Randall Hestir, D.D.S., from Workers' Compensation Commission.
CA99-897. GEO Specialty Chemical Company et al. v. Frank Clingan, from Workers' Compensation Commission.