Bharodia v. Pledger (Thornton, J.) 99-681

Specific performance -- Appropriate remedy for sellers of real estate; buyers not estopped from raising sellers' breach of contract; chancellor's findings clearly erroneous. [HTML, WP5.1].  NOTE:  If you don't have Adobe Acrobat Reader, you may download it here:

Flentje v. First Nat'l Bank of Wynne (Smith, J.) 99-848

Constitutional law -- Gender discrimination based on pregnancy; appellant failed to meet proof with proof in responding to appellee's motion for summary judgment; trial court did not err in granting summary judgment. [HTML, WP5.1]

Hinkston v. State (Imber, J.) CR99-565

Evidence -- Admissibility of expert testimony; trial court's exclusion of testimony affirmed; denial of Batson challenge not against preponderance of evidence. [HTML, WP5.1]

Lake View Sch. Dist. No. 25 v. Huckabee (Brown, J.) 99-28

Schools & school districts -- Compliance trial necessary; reversed & remanded; sovereign immunity; chancery court erred in refusing to consider waiver issue; chancery court's denial of attorney's fees reversed & remanded for determination of reasonable fees; State liable. [HTML, WP5.1]

Lee v. State (Brown, J.) CR98-485

Discovery -- Failure to disclose criminal history not reversible error; officer's testimony properly excluded under Ark. R. Evid. 608(b); bias argument in conflict with defense; no reversible error in disallowance of testimony; no abuse of discretion or prejudice found in removal of juror. [HTML, WP5.1]

Mans v. Peoples Bank of Imboden (Brown, J.) 99-773

Banks & banking -- Fiduciary duty; trial court did not err in finding no legal duty owed by appellee based on appellant's trust; no error in trial court's directing verdict for appellee bank. [HTML, WP5.1]

Oates v. Oates, (Corbin, J.) 99-1210

Appeal & error -- Issues moot; appeal dismissed. [HTML, WP5.1]

Rigsby v. Rigsby (Imber, J.) 99-1126

Judgment -- Failure to comply with Ark. R. Civ. P. 54(b) or to adjudicate all claims of all parties renders matter not final; appeal dismissed without prejudice. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Connell (Arnold, C.J.) 99-727

Workers' compensation -- Language of Ark. Code Ann. § 11-9-522(b)(1) clear; award of permanent partial-disability & wage-loss benefits improper; reversed. [HTML, WP5.1]

Gaines v. State, CR 99-88 (Per Curiam), Petition for Rehearing denied March 2, 2000. [HTML, WP5.1]

Langley v. State, CR 98-1477 (Per Curiam), reversed and remanded March 2, 2000. [HTML, WP5.1]

McArty v. Judicial Discipline & Disability Comm'n, 99-1225(Per Curiam), Pro Se Motion to Recuse and Petition for Writ of Certiorari denied; Motion for Expedited Consideration moot March 2, 2000. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

99-727. Wal-Mart Stores, Inc. v. Doris Connell, from Arkansas Workers' Compensation Commission. Reversed. Arkansas Court of Appeals Reversed. Corbin, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-1210. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery. Appeal Dismissed. (1 PAGE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor of the State of Arkansas et al., from Pulaski Chancery, Second Division. Reversed and Remanded. Special Associate Justice Carol Dalby concurs. Smith, J., concurs in part and dissents in part. Glaze, J., dissents. Imber, J., not participating. (2O PAGES + 4-PAGE CONCURRENCE + 1-PAGE CONCURRENCE/DISSENT + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-773. Lavern Mans v. Peoples Bank of Imboden, from Lawrence Circuit. Affirmed. Glaze, J., dissents. (11 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-565. Michael Wayne Hinkston v. State of Arkansas, from Crawford Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

99-1126. Harold Rigsby v. Brett Rigsby, from Logan Chancery. Appeal Dismissed without Prejudice. (4 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-681. Tulsi Bharodia and Amratben Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Reversed and Remanded. Glaze and Imber, JJ., dissent. Corbin, J., not participating. (11 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-848. Charlotte Flentje v. First National Bank of Wynne, from Cross Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR98-1477. William Eugene Langley v. State of Arkansas, from Crawford Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR99-88. Andra Gaines v. State of Arkansas, from Crittenden Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

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

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00-141. Arkansas Department of Human Services v. Honorable J. Michael Fitzhugh, Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of certiorari, or in the alternative, petition for writ of prohibition. Denied without prejudice. Thornton, J., not participating.

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

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

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 is denied. Transcripts not made a part of the record.

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

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. Denied without prejudice.

CR00-169. Murray F. Armstrong v. State of Arkansas, from Lincoln Circuit. Motion to amend petition to substitute the circuit court of Lincoln County as respondent and for briefing schedule is denied.

CR00-183. Rocky Raymond Horton v. Honorable Russell Rogers, Judge, from Arkansas Circuit, Northern District. Petition for writ of prohibition. Denied without prejudice.

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

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 is granted.

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 is granted.

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

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

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

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. To be submitted as a case and set for oral argument.

00-135. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Motion to advance submission and decision of case is granted.

00-157. Whitson Kimbrow, Jr. v. Robert Russell, from Pulaski Circuit, Seventh Division. Motion for rule on the clerk is denied. Arnold, C.J., and Glaze, J., not participating.

99-1225. Randall McArty v. Judicial Discipline and Disability Commission, an Original Action. Pro se motion to recuse and petition for writ of certiorari denied; motion for expedited consideration moot. See per curiam this date. Arnold, C.J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit.

99-57. Steve Dalrymple, Jefferson County Prosecuting Attorney et al. v. Signal Peak Enterprises, from Jefferson Chancery.

99-127. Tiny Standoak Babb v. Leanna Matlock, from Garland Probate.

99-378. Charles E. Smith v. Prudential Property & Casualty Insurance, from Greene Circuit.

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PETITIONS FOR REVIEW:

CR00-133. Matthew Earnest v. State of Arkansas, from Jefferson Circuit.

00-130. Charles Frances v. Gaylord Container Corporation, from Workers' Compensation Commission.

00-178. Leann A. Wall v. Director, et al., from Board of Review.

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CR98-1281. Christina Marie Riggs v. State of Arkansas, from Pulaski Circuit, Fourth Division. Petition for writ of certiorari and order dissolving stay of execution.

CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Appellant's motion to file supplemental brief and to enlarge the brief.

CR99-1382. State of Arkansas v. Raphel Jerome Cherry, from Pulaski Circuit, First Division. Appellant's motion to stay new trial proceedings and for expedited review.

CR99-1442. Carolyn Arnett v. State of Arkansas, from Greene Circuit. Appellant's motion to supplement the record.

CR99-1471. William D. Taylor, Sr. v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement the record.

CR00-205. Wardell Franks v. State of Arkansas, from Little River Circuit. Motion for rule on the clerk.

99-669. Henry Frank et al. v. Roger Barker et al., from Saline Circuit. Appellants' motion to reschedule oral argument.

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

00-202. Tammy Cunningham v. Honorable David Clinger, Judge, from Benton Circuit. Petition for writ of prohibition.

99-103. Jimmie L. Wilson v. James A. Neal, from Phillips Circuit. Argued orally.

CR99-1121. Richard Ottis Carmichael v. State of Arkansas, from Pulaski Circuit, First Division.

99-1141. Earl Oxford et al. v. Jim Perry et al., from Sebastian Circuit, Greenwood District.

99-1224. Michael L. Allison v. David Kelly Dufresne, from Perry Chancery.

99-1274. George Hamaker et al. v. June Hamaker Strickland, from Bradley Probate.

99-1327. Bob Cole Bonding v. State of Arkansas, from Sebastian Circuit, Fort Smith District.