Barnes v. Newton (Jennings, J.) CA99-458

Parent & child -- Order changing custody reversed; no material change in circumstances found. [HTML, WP5.1]

Maverick Transp. v. Buzzard (Stroud, J.) CA99-839

Workers' compensation -- Aggravation and reoccurrence distinguished; Commission found appellee more credible; finding that appellant liable for injury affirmed. [HTML, WP5.1]

Neosho Constr. Co. v. Weaver-Bailey Contractors (Neal, J.) CA99-692

Arbitration -- Federal Arbitration Act inapplicable here; trial judge affirmed. [HTML, WP5.1]

Scott v. State (Stroud, J.) CACR98-1396

Criminal law -- Theft of public services; judgment affirmed where offense was continuing & statute of limitations had not expired. [HTML, WP5.1]

Srebalus v. Rose Care, Inc. (Meads, J.) CA99-704

Workers' compensation -- Questions of fact regarding nature of payments to appellant & choice of remedy; summary judgment reversed & remanded. [HTML, WP5.1]

Anthony v. State, CA CR 99-296 (Robbins, C.J.), affirmed February 9, 2000. [HTML, WP5.1]

C B Masonry, Inc. v. Director, E 99-111 (Hart, J.), affirmed February 9, 2000. [HTML, WP5.1]

Coleman v. State, CA CR 99-590 (Stroud, J.), affirmed February 9, 2000. [HTML, WP5.1]

Cotton v. State, CA CR 99-504 (Rogers, J.), affirmed February 9, 2000. [HTML, WP5.1]

Duncan v. Arkansas Dep't of Human Servs., CA 99-527 (Robbins, C.J.), affirmed February 9, 2000. [HTML, WP5.1]

Edwards v. First Brands Corp., CA 99-675 (Bird, J.), affirmed February 9, 2000. [HTML, WP5.1]

Farrakhan v. State, CA CR 99-719 (Rogers, J.), affirmed February 9, 2000. [HTML, WP5.1]

Gaines v. SMI Joist Co., CA 99-739 (Roaf, J.), affirmed February 9, 2000. [HTML, WP5.1]

Gaston v. State, CA CR 99-772 (Neal, J.), affirmed February 9, 2000. [HTML, WP5.1]

Heath v. Heath, CA 99-679 (Stroud, J.), affirmed February 9, 2000. [HTML, WP5.1]

In the Matter of Lukas, CA 99-767 (Bird, J.), affirmed February 9, 2000. [HTML, WP5.1]

Leftwich v. Director, E 99-80 (Crabtree, J.), reversed February 9, 2000. [HTML, WP5.1]

Moye v. Southeast Foods, Inc., CA 99-440 (Jennings, J.), dismissed February 9, 2000. [HTML, WP5.1]

Perry v. State, CA CR 99-373 (Bird, J.), affirmed February 9, 2000. [HTML, WP5.1]

Sam's Wholesale Club v. Rizzi, CA 99-776 (Rogers, J.), affirmed February 9, 2000. [HTML, WP5.1]

Smith v. McKee Foods, CA 99-648 (Rogers, J.), affirmed February 9, 2000. [HTML, WP5.1]

Smith v. State, CA CR 99-813 (Griffen, J.), affirmed February 9, 2000. [HTML, WP5.1]

Thurston v. Martinez, CA 99-780 (Hart, J.), reversed and remanded February 9, 2000. [HTML, WP5.1]

Ussery v. State, CA CR 99-873 (Meads, J.), affirmed February 9, 2000. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Royal, CA 99-777 (Jennings, J.), affirmed February 9, 2000. [HTML, WP5.1]

Williams v. State, CA CR 99-903 (Pittman, J.), affirmed February 9, 2000. [HTML, WP5.1]

Witherspoon v. State, CA CR 99-774 (Griffen, J.), affirmed February 9, 2000. [HTML, WP5.1]

Adams Face Veneer Co. v. Director of Labor, E 99-254, February 9, 2000.

Blackmon v. Director of Labor, E 99-250, February 9, 2000.

Craft v. Director of Labor, E 99-263, February 9, 2000.

Howard v. Director of Labor, E 99-271, February 9, 2000.

Jones v. Director of Labor, E 99-260, February 9, 2000.

Kilpatrick v. Director of Labor, E 99-259, February 9, 2000.

Schee v. Director of Labor, E 99-256, February 9, 2000.

Smith v. Director of Labor, E 99-257, February 9, 2000.

Spencer v. Director of Labor, E 99-252, February 9, 2000.

Strange v. Director of Labor, E 99-258, February 9, 2000.

Warren v. Director of Labor, E 99-248, February 9, 2000.

Washington v. Director of Labor, E 99-249, February 9, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-296. Pearl Anthony v. State of Arkansas, from Hempstead Circuit. Affirmed. Rogers and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-527. Misty Duncan v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District. Affirmed. Rogers and Meads, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-903. Unta Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Jennings and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-780. Rose Thurston v. Lisa Greene Martinez, from Benton Probate. Reversed and Remanded. Stroud and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

E99-111. C B Masonry, Inc. v. Director, Employment Security Department and Garland Davis, from Board of Review. Affirmed. Stroud and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-440. Faye Jean Moye v. Southeast Foods, Inc., from Chicot Circuit. Dismissed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-458. Kenny Barnes v. Gina (Barnes) Newton, from Arkansas Chancery. Reversed. Bird, Neal, Crabtree, and Meads, JJ., agree. Hart and Stroud, JJ., concur in part; dissent in part. Pittman and Roaf, JJ., dissent. (4 PAGES + 3-PAGE CONCURRENCE/DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-777. Wal-Mart Stores, Inc. v. Regina Royal, from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-373. Derrick Perry v. State of Arkansas, from Johnson Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-675. Terri Edwards v. First Brands Corporation, from Workers' Compensation Commission. Affirmed. Crabtree, J., agrees. Roaf, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA99-767. In the Matter of the Estate of Bruno Lukas, Deceased, from Garland Probate. Affirmed. Crabtree and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CACR99-504. Cloyd Cotton v. State of Arkansas, from Drew Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-719. Rakim Farrakhan v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-648. Troy Smith v. McKee Foods, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Meads, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-776. Sam's Wholesale Club v. Vito Rizzi, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR98-1396. Avenell Scott v. State of Arkansas, from Chicot Circuit. Affirmed. Hart and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-590. Derrick Leon Coleman v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-679. Sherry Heath v. Tony Heath, from Faulkner Chancery. Affirmed. Hart and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-839. Maverick Transportation v. David Buzzard and J.B. Hunt Trucking Company, from Workers' Compensation Commission. Affirmed. Hart, J., agrees. Griffen, J., concurs. (6 PAGES + 5-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-772. Brenda Gaston v. State of Arkansas, from Marion Circuit. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-692. Neosho Construction Company v. Weaver-Bailey Contractors, from Pulaski Circuit. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-774. Victor Witherspoon v. State of Arkansas, from Clark Circuit. Affirmed. Hart and Stroud, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-813. Conrad Leon Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Stroud, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

E99-80. Donald L. Leftwich v. Director, Employment Security Department and White River Medical Center, from Board of Review. Reversed. Bird and Roaf, JJ., agree.(4 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-873. Carl Frederick Ussery v. State of Arkansas, from Clark Circuit. Affirmed. Robbins, C.J., and Rogers, J., agree.(3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-704. Marian Srebalus v. Rose Care, Inc., from Lafayette Circuit. Reversed and Remanded. Robbins, C.J., and Rogers, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-739. Charles Gaines v. SMI Joist Company, from Workers' Compensation Commission. Affirmed. Bird and Crabtree, JJ., agree. (4 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).

E99-248. Marlene Warren v. Director et al.

E99-249. Shirley A. Washington v. Director et al.

E99-250. David W. Blackmon, Jr. v. Director et al.

E99-252. Henrietta Spencer v. Director et al.

E99-254. Adams Face Veneer Company v. Director et al.

E99-256. John R. Schee v. Director et al.

E99-257. Daniel R. Smith v. Director et al.

E99-258. Theresa K. Strange v. Director et al.

E99-259. Janet M. Kilpatrick v. Director et al.

E99-260. Marlean L. Jones v. Director et al.

E99-263. Connie F. Craft v. Director et al.

E99-271. Patricia A. Howard v. Director et al

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

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. Jennings, J., and Hays, S.J., would grant.

CACR99-206. Robert S. Sweeney v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to substitute counsel is denied.

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 is denied.

CACR99-869. Timothy L. Epps v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for brief time is granted until March 22, 2000.

CACR99-1011. Brian Embry v. State of Arkansas, from Pope Circuit. Appellant's motion to file belated reply brief is granted.

CACR99-1014. Larry Howard v. State of Arkansas, from Boone Circuit. Appellant's pro se motion for appeal bond is denied.

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 is denied.

CA99-516. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit. Appellee's motion to supplement the record is denied. Jennings, J., would grant.

CA99-904. Christopher Bonwich v. Rosemary J. King, from Pulaski Chancery, Third Division. Appellee's motion to proceed pro se and relieve counsel is granted.

CA99-942. Charles Thomas Swafford v. Barbara Anne Swafford, from Faulkner Chancery. Appellee's motion to supplement the abstract is granted.

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. Extension is denied; however, leave granted to file a joint abstract by March 16, 2000.

CA99-1066. Henry Bell v. Pine Bluff Toyota, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted. Roaf, J., not participating.

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 is granted.

CA99-1331. Kenneth G. Middleton v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion to relieve counsel is granted. Motion for brief time is granted until April 7, 2000.

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 is granted. Appellant's abstract and brief due March 20, 2000.

CA00-82. Lois J. Lloyd v. Area Agency on Aging, from Workers' Compensation Commission. Motion for rule on clerk to lodge transcript is denied. Roaf, J., not participating.

PETITION FOR REHEARING:

CA99-326. Carl Crockett et al. v. Stewart Essex et al., from Arkansas Circuit, Northern District.

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CACR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District. Appellant's motion to supplement the record.

CACR99-61. Ray Albert Hussey v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees.

CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Motion of Alvin Schay for attorney's fees.

CACR99-287. Glenn Whitham v. State of Arkansas, from Sevier Circuit. Motion of Paul Revels for attorney's fees.

CACR99-354. Billy Mack Nichols, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to dismiss appellee's substituted brief.

CACR99-381. Tramell J. Smith v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees.

CACR99-709. Dewayne Glass v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees.

CACR99-807. David Boddie v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees.

CACR99-892. Curtis M. Blockman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Tom A. Bennett for attorney's fees.

CACR99-1023. Jerry Shelton Dye v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement the record.

CACR99-1397. Doyle Dewayne Frye v. State of Arkansas, from Johnson Circuit. Appellant's motion to file belated brief and for brief time.

CACR00-19. Raymond Clinton Marshall v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and stay brief time.

CA99-114. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit. Appellee's motion for attorney's fees.

CA99-453. Joe Bill Gordon v. Atlas Carriers, Inc., from Workers' Compensation Commission. Appellee's petition to hold petition for rehearing in abeyance and remand to the Workers' Compensation Commission.

CA99-686. Michael Romero v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Joint motion of appellees to dismiss appeal.

CA99-1089. Lee D. Jablonski v. Patricia A. Jablonski, from Faulkner Chancery. Appellant's motion for brief time.

CA99-1124. Alvin Ray White v. Gregg Agricultural Enterprises et al., from Workers' Compensation Commission. Appellant's motion to supplement the record and to stay brief time.

CA99-1334. Jerry Timmons et al. v. Robert McCauley, from Pulaski Circuit, Seventh Division. Appellants' motion to file belated brief.

CA99-1478. Susan Rouner v. Sparks Regional Medical Center et al., from Workers' Compensation Commission. Appellant's motion to hold appeal in abeyance.

CA99-1481. Gordon Andrew Stellpflug v. Vicki Verleen Doss Stellpflug, from Benton Chancery. Appellant's motion for stay of order pending appeal.

CA00-51. Mary Linda Ward v. H. Lee Corporation, from Pulaski Circuit, Sixth Division. Appellee's motion to supplement the record.

CA00-70. Real Estate Central, Inc. v. Maggie Greenleaf, from Pulaski Circuit, Sixth Division. Appellee's motion to supplement the record.

CA99-745. Eastern Livestock Company, Inc. v. Joe Helms et al., from Sevier Circuit. Argued orally.

CA99-803. Virginia Jones et al. v. Vernita Ellison, from Union Probate. Argued orally.

CACR99-391. Kenneth Slocum and Elgin Gregory King v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR99-471. Stephen McKenzie v. State of Arkansas, from Ouachita Circuit.

CACR99-698. Walter J. Motsenbocker v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-715. Timothy Andrew Springs v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-785. Alvin Chatt v. State of Arkansas, from Crittenden Circuit.

CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit.

CACR99-892. Curtis M. Blockman v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR99-906. Kevin Glason v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-916. John M. Thomas and Michael D. Gatheright v. State of Arkansas, from Garland Circuit.

CACR99-932. Stephanie Burnett v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-933. Louis Wray v. State of Arkansas, from Union Circuit.

CACR99-950. Jacob R. Oliver v. State of Arkansas, from Crittenden Circuit.

CA99-415. Roy L. Foster, III v. Nellie A. Wilson, from Garland Chancery.

CA99-695. Michael F. Jackson v. Nucor-Yamato Steel Co., from Workers' Compensation Commission.

CA99-716. Ram Industries et al. v. Lindwood Sanders, from Workers' Compensation Commission.

CA99-744. Bill Thompson v. William Selvidge et ux., from Benton Chancery.

CA99-778. David Copeland v. Baldwin & Shell Construction, from Workers' Compensation Commission.

CA99-826. Carroll Self d/b/a Carroll Self Construction Company v. Addison Products Company, from Pulaski Circuit, Sixth Division.

CA99-827. Billie J. Fite Key v. David A. Fite, from Ouachita Chancery.

CA99-882. Carolyn Vittitow v. Central Moloney, from Workers' Compensation Commission.

CA99-914. Dorothy Wood v. Department of Human Services, from Independence Chancery.

CA99-922. Air Compressor Equipment Co. et al. v. Arvid Eugene Sword, from Workers' Compensation Commission.