ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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340 Ark.

Opinions delivered
February 24, 2000


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Ball v. Arkansas Dep't of Community Punishment (Glaze, J.) 99-917

Officers & public employees -- Judgment sought would have controlled state actions; complaint properly dismissed; appellant was at-will employee & could be fired for any reason. [HTML, WP5.1]

Books-A-Million, Inc. v. Arkansas Painting & Specialties Co. (Smith, J.) 99-1071

Liens -- Notice requirements for benefit of owner; appellee did not comply; reversed & remanded. [HTML, WP5.1]

Easley v. State (Per Curiam) CR00-144

Appeal & error -- Motion for rule on clerk denied. [HTML, WP5.1]

Etoch v. Simes (Imber, J.) 99-467

Attorney & client -- Potential conflict of interest arose early in case; appellants' motion to withdraw untimely; motion to withdraw used to secure previously denied continuance; trial court's finding of contempt affirmed. [HTML, WP5.1]

Oates v. Oates (Glaze, J.) 99-108

Divorce -- Grounds for not corroborated; reversed & dismissed. [HTML, WP5.1]

Osborn v. State (Brown, J.) CR99-584

Criminal procedure -- Speedy trial; automatic reversal not warranted for failure to make docket entry or written order on excludable periods; strict compliance with rule not required where record clearly revealed what had occurred. [HTML, WP5.1]

Phelps v. U.S. Life Credit Life Ins. Co. (Corbin, J.) 99-936

Attorney & client -- Attorney's fees; chancellor did not abuse discretion in awarding particular amount. [HTML, WP5.1]

Smith v. Washington (Thornton, J.) 98-649

Civil procedure -- Two-dismissal rule; trial court erred in dismissing state action pursuant to; reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Abraham v. State, 98-1266 (Per Curiam), Pro Se Motion to File Belated Addendum to Appellant's Brief; granted February 24, 2000. [HTML, WP5.1]

Butler v. State, 99-1325 (Per Curiam), Pro Se Motion to Follow Supremacy Clause and Doctrine of Stare Decisis moot; appeal dismissed February 24, 2000. [HTML, WP5.1]

McGhee v. State, CR 99-554 (Per Curiam), Pro Se Motion for Extension of Time to File Substituted Appellant's Brief; granted February 24, 2000. [HTML, WP5.1]

Orsini v. Beck, 98-1013 (Per Curiam), Pro Se Motion for Extension of Time to File Petition for Rehearing; denied February 24, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

TOM GLAZE, JUSTICE:

99-108. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery. Reversed and Dismissed. Arnold, C.J., and Brown and Thornton, JJ., dissent. (5 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-917. Pamela D. Ball v. Arkansas Department of Community Punishment et al., from Pulaski Circuit, Third Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-936. Lela K. Phelps, Administratrix of the Estate of Lincoln D. Phelps v. U.S. Life Credit Life Insurance Company, from Sebastian Chancery, Greenwood District. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR99-584. Larry James Osborn v. State of Arkansas, from Saline Circuit. Affirmed. Glaze, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-467. Louis Etoch and Charles E. Halbert, Jr. v. L. T. Simes, II, Circuit Judge, from Monroe Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

98-649. Brenda Lee Robinson Smith v. Dr. Erma S. Washington, from Jefferson Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-1071. Books-A-Million, Inc. v. Arkansas Painting and Specialties Co., from White Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

00-96. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

99-1423. Jessie C. Ray v. Wayne Smith Trucking, from Workers' Compensation Commission.

00-101. Assurance Company of America v. Eutaw Horton et al., from Faulkner Circuit.

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CR98-1222. Steven Anthony Sera v. State of Arkansas, from Bradley Circuit. Appellant's motion to supplement the record is granted.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion and amended motion for extension of time to file abstract and brief. Granted 30 days.

CR99-1267. Charles A. "Jack" Walls, III v. State of Arkansas, from Lonoke Circuit. Appellee's motion to dismiss appeal is denied.

CR99-1354. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal is denied. Glaze, J., would grant.

CR00-132. Arliss Whitney v. Honorable David Burnett, from Crittenden Circuit. Petition for writ of certiorari, or mandamus and/or habeas corpus is denied.

CR00-144. Jimmy Easley et al. v. State of Arkansas, from Clark Circuit. Motion for rule on the clerk is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

99-515. St. Paul Fire & Marine Insurance Company v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Joint motion to lift stay and set briefing schedule is granted. Glaze and Imber, JJ., not participating.

99-1489. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit. Appellee's motion for attorney's fees. Passed until case submitted.

00-4. Steve Lamont Womack v. Department of Finance & Administration, from Pulaski Chancery, Fourth Division. Exparte motion for declaratory judgment and/or motion for forthwith order is denied.

00-4. Steve Lamont Womack v. Department of Finance & Administration, from Pulaski Chancery, Fourth Division. Petition for writ of prohibition and writ of mandamus is denied.

00-33. Ron Oliver, President, First Arkansas Bail Bonds, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Motion of Arkansas Professional Bail Bond Company and Professional Bail Bondsmen Licensing Board to intervene is granted.

00-118. Gloria Hooker et al. v. Rain & Hail Insurance Services, Inc., from St. Francis Circuit. Motion for rule on the clerk is denied.

CACR00-19. Raymond Clinton Marshall v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and stay briefing schedule. Jurisdiction accepted. Motion granted.

CR99-554. Monroe McGhee v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file substituted appellant's brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1013. Mary "Lee" Orsini v. Bruce Beck, Sr., Warden et al., from Jackson Circuit. Pro se motion for extension of time to file petition for rehearing. Denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1266. Michael Abraham a/k/a Musa Ibrahim v. State of Arkansas, from Lincoln Circuit. Pro se motion to file belated addendum to appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

99-1325. David Russell Butler v. State of Arkansas and Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion to follow supremacy clause and doctrine of stare decisis. Motion moot; appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

99-1262. Arkansas Public Defender Commission v. Honorable David Burnett, Judge, from Craighead Circuit, Western District.

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PETITION FOR REVIEW:

00-136. Carl Crockett et al. v. Stewart Essex, from Arkansas Circuit, Northern District.

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CR99-88. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Motion of Donald A. Forrest to be relieved as counsel for appellant.

CR99-795. Albert A. Dirickson v. State of Arkansas, from Sevier Circuit. Appellee's motion to file a belated brief.

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and for release of exhibits.

CR99-1267. Charles A. "Jack" Walls, III v. State of Arkansas, from Lonoke Circuit. Appellant's motion to file a belated brief.

CR00-169. Murray F. Armstrong v. State of Arkansas, from Lincoln Circuit. Petition for writ of prohibition, or in the alternative, for writ of certiorari.

CR00-183. Rocky Raymond Horton v. Honorable Russell Rogers, Judge, from Arkansas Circuit, Northern District. Petition for writ of prohibition.

99-289. K. Shibley v. Larry Norris et al., from Pulaski Circuit, Fifth Division. Appellees' motion to dismiss.

99-1247. Sonny Eads and Viki Lynn Eads v. Bill (Rick) Hall et al., from Boone Circuit. Affidavit in support of attorney's fees.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Intervenors' motion for extension of time to file brief and supplement the record.

99-1398. Showmethemoney Check Cashers, Inc. v. Wanda Williams and Sharon McGhee, from Clark Circuit. Motion of AARP, Consumer Federation of America, and National Consumer Law Center, Inc., to file amici curiae brief in support of appellees.

99-1443. Judicial Discipline & Disability Commission v. Honorable Morris W. Thompson, an Original Action. Motion of James J. Lessmeister to withdraw as counsel for appellant.

99-1518. Cozetta A. Ausler v. Arkansas Broadcasting Foundation, from Pulaski Circuit, Second Division. Appellant's motion to supplement the record.

99-1518. Cozetta A. Ausler v. Arkansas Broadcasting Foundation, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.

00-135. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Motion of Arkansas Casino Corporation to intervene.

00-135. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Petition pursuant to Arkansas Constitution Amendment 7 and Act 877 of 1999.

00-157. Whitson Kimbrow, Jr. v. Robert Russell, from Pulaski Circuit, Seventh Division. Motion for rule on the clerk.

00-195. In Re: Arkansas Bar Association, an Original Action. Proposal on admission to the bar in Arkansas.

SUBMISSIONS

CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit.

CR99-565. Michael Wayne Hinkston v. State of Arkansas, from Crawford Circuit.

CR99-871. Jeffery Hicks et al. v. State of Arkansas, from Saline Circuit.

99-1142. Horton O. Elzea et al. v. Jim Perry et al., from Sebastian Circuit, Fort Smith District.

99-1176. Jim Parsons v. State of Arkansas, from Benton Circuit.

99-1210. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery.