Opinions delivered
March 8, 2000
Arkansas State Bd. of Architects v. Hawkins (Jennings, J.) CA98-1513
Administrative law & procedure -- Services offered required licensed architect; circuit court reversed. [HTML, WP5.1]
Carden v. McDonald (Bird, J.) CA99-629
Judgment -- Order based on settlement agreement read into record; entered over objection of party; order accurately reflected agreement; affirmed. [HTML, WP5.1]
Miller v. State (Hays, Sp.J.) CACR99-550
Search & seizure -- Appellants away from home; police had reasonable cause for investigation; police going to back of residence part of legitimate attempt to interview person; burden on "poisonous tree" question rested on appellants; denial of motion to suppress affirmed. [HTML, WP5.1]
Adair v. State, CA CR 99-1031 (Roaf, J.), reversed and dismissed March 8, 2000. [HTML, WP5.1]
Carroll v. Carroll, CA 99-674 (Roaf, J.), appeal dismissed March 8, 2000. [HTML, WP5.1]
Chew v. State, CA CR 99-960 (Bird, J.), affirmed March 8, 2000. [HTML, WP5.1]
Cleveland v. McGoogan, CA 99-684 (Hart, J.), reversed and dismissed March 8, 2000. [HTML, WP5.1]
Columbia Doctors Hosp. v. Johnson, CA 99-653 (Bird, J.), affirmed March 8, 2000. [HTML, WP5.1]
England v. State, CA CR 99-660 (Meads, J.), affirmed March 8, 2000. [HTML, WP5.1]
Fitts v. Fitts, CA 99-902 (Rogers, J.), affirmed March 8, 2000. [HTML, WP5.1]
Floyd v. Moshinuddin, CA 99-910 (Pittman, J.), reversed and remanded March 8, 2000. [HTML, WP5.1]
Hawkins v. State, CA CR 99-814 (Robbins, C.J.), affirmed March 8, 2000. [HTML, WP5.1]
Hernreich-Beller v. Hernreich, CA 99-747 (Stroud, J.), affirmed March 8, 2000. [HTML, WP5.1]
Keeney v. Foreman Sch. Dist., CA 99-991 (Meads, J.), affirmed March 8, 2000. [HTML, WP5.1]
Lang v. Guthrie Wood Fibers, Inc., CA 99-924 (Neal, J.), affirmed March 8, 2000. [HTML, WP5.1]
Limon v. Arkansas Dep't of Human Servs., CA 99-859 (Griffen, J.), affirmed March 8, 2000. [HTML, WP5.1]
Martin v. State, CA CR 99-812 (Pittman, J.), affirmed March 8, 2000. [HTML, WP5.1]
Medlock v. State, CA CR 99-581 (Crabtree, J.), affirmed March 8, 2000. [HTML, WP5.1]
Moore v. State, CA CR 99-832 (Pittman, J.), affirmed March 8, 2000. [HTML, WP5.1]
Reese v. State, CA CR 99-763 (Hart, J.), affirmed March 8, 2000. [HTML, WP5.1]
Ryles v. Alexander, CA 99-632 (Bird, J.), dismissed March 8, 2000. [HTML, WP5.1]
Slocum v. State, CA CR 99-391 (Rogers, J.), affirmed March 8, 2000. [HTML, WP5.1]
Stormes v. State, CA CR 97-1259 (Robbins, C.J.), affirmed March 8, 2000. [HTML, WP5.1]
Swain v. State, CA CR 99-364 (Neal, J.), affirmed March 8, 2000. [HTML, WP5.1]
Wal-Mart Stores, Inc. v. Wallace, CA 99-1050 (Stroud, J.), affirmed March 8, 2000. [HTML, WP5.1]
JOHN B. ROBBINS, CHIEF JUDGE:
CACR97-1259. Scottie Eugene Stormes v. State of Arkansas, from Greene Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR99-814. Nelson Edward Hawkins v. State of Arkansas, from Crittenden Circuit. Affirmed. Stroud and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR99-812. Katrina Martin v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Jennings and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR99-832. Bobby Ray Moore v. State of Arkansas, from Hot Spring Circuit. Affirmed. Rogers and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-910. Greta Lynn Floyd v. Sheikh Moshinuddin, from Washington Circuit. Reversed and Remanded. Jennings and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR99-763. Curtis Dwain Reese, Jr. v. State of Arkansas, from Saline Circuit. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-684. Dorothy Cleveland, Larry B. Frazier, and Pat Frazier v. Michael McGoogan and Karen L. McGoogan, from Garland Chancery. Reversed and Dismissed. Neal and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA98-1513. Arkansas State Board of Architects v. David Hawkins, from Miller Circuit. Reversed. Hart, Bird, and Crabtree, JJ., agree. Neal, J., concurs in part; dissents in part. Pittman, J., dissents. (7 PAGES + 2-PAGE CONCURRENCE/DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR99-960. Artis Wayne Chew v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Jennings and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-629. Doris Carden v. Andrew J. McDonald, from Perry Chancery. Affirmed. Jennings and Meads, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA99-632. John A. Ryles et al. v. James Robert Alexander et al., from Pulaski Chancery. Dismissed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-653. Columbia Doctors Hospital and Continental Insurance Company v. Austie Johnson, from Workers' Compensation Commission. Affirmed. Jennings and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JUDITH ROGERS, JUDGE:
CACR99-391. Kenneth Slocum and Elgin Gregory King v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-902. Larry G. Fitts v. Yvonne P. Fitts, from Union Chancery. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN F. STROUD, JR., JUDGE:
CA99-747. Cynthia Hernreich-Beller v. George T. Hernreich and Johnnie M. Hernreich, from Sebastian Chancery. Affirmed. Robbins, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-1050. Wal-Mart Stores, Inc. v. Roger Wallace, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR99-364. William Lamont Swain v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-924. Jeffery Lang v. Guthrie Wood Fibers, Inc., from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA99-859. Stephanie Limon v. Arkansas Department of Human Services, from Saline Chancery. Affirmed. Pittman and Rogers, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR99-581. Victor Medlock, Jr. v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CACR99-660. Shannon England v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-991. Bobbie Keeney v. Foreman School District, from Workers' Compensation Commission. Affirmed. Jennings and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR99-1031. Jimmy Adair v. State of Arkansas, from Polk Circuit. Reversed and Dismissed. Robbins, C.J., and Stroud, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-674. Vickie Carroll v. Joseph Carroll, from Benton Chancery. Appeal Dismissed. Robbins, C.J., and Stroud, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
STEELE HAYS, SPECIAL JUDGE:
CACR99-550. Stephen and Janette Miller v. State of Arkansas, from Washington Circuit. Affirmed. Pittman, Bird, Crabtree, and Meads, JJ., agree. Hart, Neal, Griffen, and Roaf, JJ., dissent. (9 PAGES + 4-PAGE DISSENT + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit.
CA99-562. Suellen Lloyd v. United Parcel Service, from Workers' Compensation Commission. Jennings, Stroud, and Crabtree, JJ., and Hays, S.J., would grant.
CA99-823. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission.
CA99-839. Maverick Transportation v. David Buzzard and J.B. Hunt Trucking Company, from Workers' Compensation Commission.
*****************************
CACR99-42. Ryan Archer v. State of Arkansas, from Crawford Circuit. Motion of Billy Bob Webb for attorney's fees is granted. Allowed $950.00.
CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to relieve counsel and to proceed pro se is denied.
CACR99-1092. James Brown v. State of Arkansas, from Jefferson Circuit. Appellant's motion for brief time is granted as final extension until March 16, 2000.
CA99-671. Jimmy Richard v. Michael Richard, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA99-859. Stephanie Limon v. Arkansas Department of Human Services, from Saline Chancery. Motion of Joe Kelly Hardin for attorney's fees is denied. See Webber v. Ark. Dept. of Human Servs., 334 Ark. 527, 975 S.W.2d 829 (1998).
CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellant's motion for oral argument is granted.
CA99-1511. Henryk Szwedo v. Columbia Doctor's Hospital et al., from Pulaski Circuit, Sixth Division. Appellants' pro se motion to supplement the record is denied. Appellee's motion to strike moot.
CA00-111. Brenda Head v. Wilbur Giles, M. D. et al., from Pulaski Circuit, Second Division. Appellees' motion to dismiss appeal is denied.
CA00-222. Danny Wallis v. Larry Johnson, from Craighead Chancery, Western District. Appellant's motion for expedited consideration is denied.
E00-39. Ruby Fisher v. Director et al., from Board of Review. Appellant's motion for belated appeal is denied.
PETITION FOR REHEARING:
CA99-704. Marian Srebalus v. Rose Care, Inc., from Lafayette Circuit.
*****************************
CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.
CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.
CACR99-1292. James Rorie v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams to be appointed as counsel for appellant.
CACR99-1292. James Rorie v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for belated appeal.
CACR99-1434. Albert J.M. "John" Watson v. State of Arkansas, from Sharp Circuit. Appellant's motion to file belated abstract and brief.
CACR99-1468. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal and alternatively for brief time.
CA98-498. Rebekah Priest Cyphers v. United Parcel Service, from Workers' Compensation Commission. Appellant's motion for attorney's fees.
CA98-1444. J.A. Wampler et al. v. Carolyn Wampler Richardson et al., from Woodruff Chancery. Appellees' withdrawal of motion to reconsider stay.
CA98-1444. J.A. Wampler et al. v. Carolyn Wampler Richardson et al., from Woodruff Chancery. Appellees' substituted and renewed motion for reinstatement of appeal and scheduling of oral argument.
CA99-723. Wal-Mart Stores, Inc. v. Leota Griffin, from Workers' Compensation Commission. Appellee's motion for attorney's fees.
CA99-856. Damon Scoggins v. State of Arkansas, from Lonoke Chancery. Appellee's motion to dismiss appeal.
CA99-922. Air Compressor Equipment Company et al. v. Arvid Sword, from Workers' Compensation Commission. Appellee's motion for attorney's fees.
CA99-1366. Philip Aka, Special Administrator v. Erma Washington, M.D. et al., from Jefferson Circuit. Motion of appellee, Erma Washington and Associates, to dismiss appeal.
CA00-97. Delton W. Rice v. Georgia-Pacific et al., from Workers' Compensation Commission. Motion of separate appellee, Second Injury Fund, to set separate briefing schedule.
CA99-799. Harvill-Byrd Electric Company v. Robert A. Cortese, from Workers' Compensation Commission. Argued orally.
CA99-857. Emilio Tirado, M.D. v. John O'Hara et ux., from Ouachita Circuit. Argued orally.
CACR99-905. Tommy Fowler v. State of Arkansas, from Craighead Circuit, Western District.
CACR99-921. Eric Fobbs v. State of Arkansas, from Garland Circuit.
CACR99-959. Danny Lee Hill v. State of Arkansas, from Washington Circuit.
CACR99-1005. Rick Dunn v. State of Arkansas, from Ouachita Circuit.
CACR99-1055. Jason Craig Pond v. State of Arkansas, from Polk Circuit.
CACR99-1077. Lester Brandon v. State of Arkansas, from Hot Spring Circuit.
CACR99-1136. William Henry Langley v. State of Arkansas, from Washington Circuit.
CACR99-1152. Roland Winters v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA99-567. Alan Lee Williams v. Virginia Sue Williams, from Pope Chancery.
CA99-633. Anthony D. George v. Marcia K. Collie George, from Polk Chancery.
CA99-722. Michael H. Roberts v. Jennifer Kay Roberts, from Saline Chancery.
CA99-835. Daniel J. McNamara v. Daniel Bohn, from Pulaski Chancery, Sixth Division.
CA99-867. Loran E. Coppoc v. Mark Moeller et al., from Garland Chancery.
CA99-872. Billy J. Purtle v. Denver Roller, Inc., d/b/a Roller-McNutt Funeral Home, from Faulkner Circuit.
CA99-883. James A. Walls v. Wal-Mart Stores, from Workers' Compensation Commission.
CA99-907. Paul Hudson v. IPC International Corporation, from Workers' Compensation Commission.
CA99-918. Bryan Hosto v. Intellinet, LLC et al., from Pulaski Circuit, First Division.
CA99-938. Dale Griffis v. Michael Walker, from Pulaski Circuit, Third Division.
CA99-1012. Derald Burmingham v. Dixie Foods et al., from Workers' Compensation Commission.
CA99-1030. Northwest Arkansas Area Agency on Aging et al. v. Harry Golmon et al., from Baxter Circuit.
CA99-1086. Forrest Farmer v. Adkins Painting Company, from Workers' Compensation Commission.
E99-88. Donna D. Friddle v. Director et al., from Board of Review.