Coker v. Child Support Enforcem't Unit (Hart, J.) CA99-756

Adoption -- Question of fact existed; summary judgment reversed. [HTML, WP5.1]

Gazaway v. Pugh (Roaf, J.) CA99-672

Easements -- Adverse use; length of time & circumstances sufficient to establish; permissive use; original restriction deemed abandoned if landowner does not object to use after long passage of time; presumption overcome. [HTML, WP5.1]

Gray v. Gray (Robbins, C.J.) CA99-1105

Parent & child -- Child custody; PKPA gives preference to state with continuing jurisdiction; no abuse of discretion in Arkansas chancellor's decision to decline jurisdiction. [HTML, WP5.1]

Mayberry v. Flowers (Roaf, J.) CA99-599

Adoption -- Order of final; dismissal of adoption petition more than thirty days after entry of order of adoption was void; appeal from unnecessary. [HTML, WP5.1]

Olsten Health Servs., Inc. v. Arkansas Health Servs. Comm'n (Roaf, J.) CA99-796

Administrative law & procedure -- Appellee Commission made sufficient findings of fact; Arkansas Health Services Commission; finding supported by substantial evidence; action not arbitrary or capricious. [HTML, WP5.1]

Winslow v. D & B Mechanical Contractors (Pittman, J.) CA99-493

Workers' compensation -- Finding of new back injury; evidence relied upon by Commission supported by record; finding that additional surgery was not reasonably necessary & that appellant was not permanently & totally disabled; Commission did not err. [HTML, WP5.1]

Ashley v. Temporaries Plus, Inc., CA 99-1049 (Neal, J.), affirmed March 15, 2000. [HTML, WP5.1]

Black v. State, CA CR 99-846 (Pittman, J.), affirmed March 15, 2000. [HTML, WP5.1]

Duckson v. Cargill, CA 99-789 (Jennings, J.), affirmed March 15, 2000. [HTML, WP5.1]

Fletcher v. State, CA 99-476 (Pittman, J.), affirmed March 15, 2000. [HTML, WP5.1]

Foster v. Wilson, CA 99-415 (Rogers, J.), affirmed March 15, 2000. [HTML, WP5.1]

Garrett v. State, CA CR 99-978 (Hart, J.), affirmed March 15, 2000. [HTML, WP5.1]

Gattis v. State, CA CR 99-683 (Meads, J.), affirmed March 15, 2000. [HTML, WP5.1]

Glason v. State, CA CR 99-906 (Pittman, J.), affirmed March 15, 2000. [HTML, WP5.1]

Hartzog v. State, CA CR 99-1051 (Robbins, C.J.), affirmed March 15, 2000. [HTML, WP5.1]

Haywood v. State, CA 99-1053 (Pittman, J.), affirmed March 15, 2000. [HTML, WP5.1]

Hinkle v. State, CA CR 99-761 (Roaf, J.), affirmed March 15, 2000. [HTML, WP5.1]

John B. May Constr. Co. v. Jordon, CA 99-993 (Meads, J.), affirmed March 15, 2000. [HTML, WP5.1]

Keenen v. Keenen, CA 99-783 (Jennings, J.), affirmed March 15, 2000. [HTML, WP5.1]

Kidd v. State, CA CR 99-890 (Roaf, J.), affirmed March 15, 2000. [HTML, WP5.1]

Like v. State, CA CR 99-965 (Jennings, J.), affirmed March 15, 2000. [HTML, WP5.1]

Naylor v. City of Mayflower, CA 99-951 (Rogers, J.), affirmed March 15, 2000. [HTML, WP5.1]

Rainer v. State, CA CR 99-635 (Crabtree, J.), affirmed in part; reversed and dismissed in part March 15, 2000. [HTML, WP5.1]

Ram Indus. v. Sanders, CA 99-716 (Griffen, J.), affirmed March 15, 2000. [HTML, WP5.1]

St. Edward's Mercy Med. Ctr. v. Stoner, CA 99-1035 (Stroud, J.), affirmed March 15, 2000. [HTML, WP5.1]

Thomas v. Wallace, CA 99-1034 (Neal, J.), affirmed in part; reversed and dismissed in part March 15, 2000. [HTML, WP5.1]

Thompson v. Selvidge, CA 99-744 (Meads, J.), reversed and dismissed March 15, 2000. [HTML, WP5.1]

Turner v. State, CA CR 99-428 (Griffen, J.), affirmed March 15, 2000. [HTML, WP5.1]

White v. Cooper Tire & Rubber, CA 99-845 (Bird, J.), affirmed March 15, 2000. [HTML, WP5.1]

Young v. Young, CA 99-736 (Hart, J.), affirmed March 15, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1051. Russell Hartzog v. State of Arkansas, from Polk Circuit. Affirmed. Bird, J., agrees. Crabtree, J., concurs. (6 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA99-1105. John Keith Gray v. Sheila Marie Gray, from Washington Chancery. Affirmed. Bird and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-846. Christopher Black v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Stroud, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-906. Kevin Glason v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Rogers and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-476. Bobby Fletcher v. State of Arkansas, from Washington Circuit. Affirmed. Rogers and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-493. Tim Winslow v. D&B Mechanical Contractors, from Workers' Compensation Commission. Affirmed. Robbins, C.J., Jennings, Bird, and Rogers, JJ., agree. Hart, J., dissents. (5 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1053. Gary Haywood v. State of Arkansas, from Garland Chancery. Affirmed. Rogers and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-978. Quadney Lyvonn Garrett v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-736. Goldie Young v. James Young, from Garland Chancery. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-756. Robert Leroy Coker v. Child Support Enforcement Unit, from Washington Probate. Reversed and Remanded. Bird, Crabtree, and Meads, JJ., agree. Jennings and Neal, JJ., dissent. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-965. David Like v. State of Arkansas, from St. Francis Circuit. Affirmed. Bird and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-783. David Alan Keenen v. Cloetta Jean Keenen, from Benton Chancery. Affirmed. Bird and Meads, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-789. Paul Duckson v. Sharon Cargill, from Izard Chancery. Affirmed. Neal and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA99-845. Paul A. White v. Cooper Tire & Rubber, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CA99-415. Roy L. Foster, III v. Nellie A. Wilson, from Garland Chancery. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-951. Gene Naylor v. City of Mayflower, from Faulkner Circuit. Affirmed. Meads and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-1035. St. Edward's Mercy Medical Center and Sisters of Mercy Health System v. Karla Stoner, from Workers' Compensation Commission. Affirmed. Pittman and Hart, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA99-1034. William Thomas v. Willie Wallace et al., from Mississippi Circuit. Affirmed in Part; Reversed and Dismissed in Part. Jennings and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1049. Lavell Ashley v. Temporaries Plus, Inc., from Workers' Compensation Commission. Affirmed. Jennings, J., agrees. Griffen, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Rogers, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-716. Ram Industries, Employer, and Union Standard Insurance Company, Carrier v. Lindwood Sanders, from Workers' Compensation Commission. Affirmed. Pittman and Rogers, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-635. Shawn Trevell Rainer v. State of Arkansas, from Mississippi Circuit. Affirmed in Part; Reversed and Dismissed in Part. Robbins, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-683. Larry Gattis v. State of Arkansas, from Logan Circuit. Affirmed. Rogers and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-744. Bill Thompson v. William Selvidge and Donna Selvidge, from Benton Chancery. Reversed and Dismissed. Jennings and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-993. John B. May Construction Company v. Homer Jordon, from Workers' Compensation Commission. Affirmed. Rogers and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-761. Martin Hinkle v. State of Arkansas, from Pulaski Circuit. Affirmed. Rogers and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-890. Catherine Gryder Kidd v. State of Arkansas, from Washington Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-599. Kevin Mayberry v. Dorothy Flowers, from Conway Chancery. Reversed and Remanded. Bird and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA99-672. Gary D. Gazaway v. Gary Pugh et al., from Randolph Chancery. Affirmed. Pittman, Jennings, and Bird, JJ., agree. Neal and Crabtree, JJ., dissent. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-796. Olsten Health Services, Inc. v. Arkansas Health Services Commission, from Pulaski Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA99-704. Marian Srebalus v. Rose Care, Inc., from Lafayette Circuit.

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CACR99-832. Bobby Ray Moore v. State of Arkansas, from Hot Spring Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $850.00.

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 is granted.

CACR99-1292. James Rorie v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for belated appeal. Notice of appeal timely. See In Re: Rule 2 of the Arkansas Rules of Appellate Procedure--Criminal, 338 Ark. 815 (1999).

CACR99-1434. Albert J.M. "John" Watson v. State of Arkansas, from Sharp Circuit. Appellant's motion to file belated abstract and brief is granted.

CACR99-1468. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal is denied. Appellee's brief due April 14, 2000.

CA98-498. Rebekah Priest Cyphers v. United Parcel Service, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Allowed $500.00.

CA98-1444. J.A. Wampler et al. v. Carolyn Wampler Richardson et al., from Woodruff Chancery. Appellee's withdrawal of motion to reconsider stay is granted.

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 is denied.

CA99-723. Wal-Mart Stores, Inc. v. Leota Griffin, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Allowed $500.00.

CA99-856. Damon Scoggins v. State of Arkansas, from Lonoke Chancery. Appellee's motion to dismiss appeal is granted.

CA99-922. Air Compressor Equipment Company et al. v. Arvid Sword, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Allowed $500.00. Costs assessed on mandate.

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 is granted. Second Injury Fund's brief due April 14, 2000.

The following cases are dismissed for failure to file briefs.

CA99-501. Lee A. Steppes v. Potlatch Corporation, from Workers' Compensation Commission.

CA99-553. Robert Koch Rhoads v. Johnnie Emberton Rhoads, from Benton Chancery.

CA99-975. Andy Reed v. Pamela Reed, from Union Chancery.

CA99-1155. Gayle Jeanne Medlin v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

PETITION FOR REHEARING:

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

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CACR99-518. Terrence M. Zarlingo v. State of Arkansas, from Pulaski Circuit. Motion of Chris Tarver for attorney's fees.

CACR99-785. Alvin Chatt v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees.

CACR99-950. Jacob Oliver v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees.

CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CACR99-1276. Holly Michelle Hixson v. State of Arkansas, from Washington Circuit. Appellant's motion for reconsideration of order dismissing appeal.

CACR99-1415. Andra Brewer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Dale E. Adams to be appointed as counsel for appellant.

CACR00-153. Kathy S. Rabb v. State of Arkansas, from Drew Circuit. Motion of John F. Gibson, Jr., to withdraw as counsel and to substitute Charles L. Honey as counsel for appellant and for brief time.

CA99-900. Trimble Navigation, Ltd. v. Tom Papachristou, d/b/a Mid-South Aviation, from Crittenden Circuit. Appellant's motion for oral argument.

CA99-1164. Jo Ann Hoffman v. Carmen Greenup et al., from Benton Circuit. Appellees' motion to supplement the record.

CA99-1291. Virgil O. Hooker et al. v. Agribank, FCB, et al., from St. Francis Circuit. Appellants' pro se motion for brief time.

CACR99-1264. Randy Anhalt v. State of Arkansas, from Logan Circuit, Northern District. Argued orally.

CA99-1024. Cindy Reaves v. Farm Bureau Mutual Insurance Company of Arkansas, from Desha Circuit, Arkansas City District. Argued orally.

CA99-1189. Dorothy Walker v. Independent Case Management, from Workers' Compensation Commission. Argued orally.

CACR99-627. Roger Don Farmer v. State of Arkansas, from Benton Circuit.

CACR99-654. William Leroy Daniels v. State of Arkansas, from Benton Circuit.

CACR99-1002. Edward Louis Emerson v. State of Arkansas, from White Circuit.

CA99-601. Thomas W. Sargent et ux. v. City of West Fork, Arkansas, from Washington Chancery.

CA99-743. Denise Clingmon v. Lee Allen, Director et al., from Pulaski Chancery, Seventh Division.

CA99-768. Brent Alex Wellman v. Donna Jean Wellman, from Clay Chancery, Eastern District.

CA99-794. J.W. Hendrix v. Pat Cooper Winter, from Searcy Chancery.

CA99-843. John D. Carver v. Arlie Ray Rylee, from Newton Chancery.

CA99-942. Charles Thomas Swafford v. Barbara Anne Swafford, from Faulkner Chancery.

CA99-980. Comm-Link, Inc. v. Louis Joella, from Carroll Chancery, Eastern District.

CA99-1032. Dionne McClain-Snowden et al. v. Glinder Riggins, Administratrix, from Union Probate.

CA99-1048. Callie McDonald v. Tyson Foods, Inc., from Workers' Compensation Commission.

CA99-1073. Anna Richards v. Rheem Manufacturing Company, from Workers' Compensation Commission.

CA99-1104. Hulda Stephenson v. Tyson Foods, Inc., from Workers' Compensation Commission.

CA99-1231. Stanley W. Beaty v. State of Arkansas, from Desha Chancery, Arkansas City District.