Anhalt v. State (Hart, J.) CACR99-1264

Search & seizure -- Nighttime search; appellant's rights not substantially violated; warrant specifically authorizing nighttime search established finding that search justified; motion to suppress properly denied. [HTML, WP5.1]

Dennis v. Dennis (Roaf, J.) CA99-626

Husband & wife -- Tenancy by entirety; presumption of gift; trial court not clearly erroneous in finding appellee's testimony sufficient to overcome. [HTML, WP5.1]

Snowden v. Riggins (Robbins, C.J.) CA99-1032

Descent & distribution -- Removal of personal representative; appellants were interested persons entitled to seek removal; counsel allowed to withdraw; prejudice resulted as result of appellants' lack of representation; notice of withdrawal violated Ark. R. Civ. P. 64(b); two-year-old order set aside & most recent order reversed. [HTML, WP5.1]

Beatty v. State, CA 99-1231 (Stroud, J.), affirmed April 5, 2000. [HTML, WP5.1]

Brandon v. State, CA CR 99-1077 (Jennings, J.), affirmed April 5, 2000. [HTML, WP5.1]

Carver v. Rylee, CA 99-843 (Neal, J.), affirmed April 5, 2000. [HTML, WP5.1]

Dunn v. State, CA CR 99-1005 (Pittman, J.), affirmed April 5, 2000. [HTML, WP5.1]

Emerson v. State, CA CR 99-1002 (Crabtree, J.), reversed and dismissed April 5, 2000. [HTML, WP5.1]

George v. George, CA 99-633 (Meads, J.), affirmed April 5, 2000. [HTML, WP5.1]

Johnson v. State, CA CR 99-551 (Griffen, J.), affirmed April 5, 2000. [HTML, WP5.1]

McDonald v. Tyson Foods, Inc., CA 99-1048 (Jennings, J.), affirmed April 5, 2000. [HTML, WP5.1]

Richards v. Rheem Mfg. Co., CA 99-1073 (Robbins, C.J.), affirmed April 5, 2000. [HTML, WP5.1]

Sargent v. City of West Fork, CA 99-601 (Jennings, J.), affirmed April 5, 2000. [HTML, WP5.1]

Swafford v. Swafford, CA 99-942 (Hart, J.), affirmed April 5, 2000. [HTML, WP5.1]

Walls v. Wal-Mart Stores, CA 99-883 (Hays, Sp.J.), affirmed April 5, 2000. [HTML, WP5.1]

Wellman v. Wellman, CA 99-768 (Crabtree, J.), affirmed April 5, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CA99-1032. Dionne McClain Snowden and Michelle Shack on Behalf of Christian Shack, a Minor v. Glinder Riggins, Administratrix of the Estate of Joelaun Snowden, Deceased, from Union Probate. Reversed and Remanded. Bird and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1073. Anna Richards v. Rheem Manufacturing Company, from Workers' Compensation Commission. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-1005. Rick Dunn v. State of Arkansas, from Ouachita Circuit. Affirmed. Hart and Stroud, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-1264. Randy Anhalt v. State of Arkansas, from Logan Circuit. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA99-942. Charles Thomas Swafford v. Barbara Anne Swafford, from Faulkner Chancery. Affirmed. Pittman and Stroud, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-1077. Lester Brandon v. State of Arkansas, from Hot Spring Circuit. Affirmed. Neal and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-601. Thomas W. Sargent and Betty H. Sargent v. City of West Fork, Arkansas, from Washington Chancery. Affirmed. Neal and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1048. Callie McDonald v. Tyson Foods, Inc., from Workers' Compensation Commission. Affirmed. Neal and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-1231. Stanley W. Beatty v. State of Arkansas, from Desha Chancery, Juvenile Division. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA99-843. John Carver v. Arlie Ray Rylee, from Newton Chancery. Affirmed. Jennings and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-551. Daniel W. Johnson v. State of Arkansas, from Saline Circuit. Affirmed. Jennings and Neal, JJ, agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-1002. Edward Louis Emerson v. State of Arkansas, from White Circuit. Reversed and Dismissed. Robbins, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-768. Brent Alex Wellman v. Donna Jean Wellman, from Clay Chancery. Affirmed. Robbins, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CA99-633. Anthony D. George v. Marcia K. Collie George, from Polk Chancery. Affirmed. Roaf, J., and Hays, S.J., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-626. Sharon Dennis v. James Dennis, II, from Lonoke Chancery. Affirmed. Pittman, Jennings, and Neal, JJ., agree. Bird and Crabtree, JJ., dissent. (6 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

STEELE HAYS, SPECIAL JUDGE:

CA99-883. James A. Walls v. Wal-Mart Stores, from Workers' Compensation Commission. Affirmed. Meads and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CACR99-830. Ronnie Archer v. State of Arkansas, from Franklin Circuit, Northern District.

CA99-288. Virgil O. Hooker et al. v. Agribank, FCB, from St. Francis Chancery.

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

CA99-740. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission.

CA99-750. Hedger Brothers Cement and Materials, Inc. et al. v. John David Stump, from Jackson Chancery.

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CACR99-391. Kenneth Slocum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Alvin Schay for attorney's fees is granted. Allowed $850.00.

CACR99-523. Charles Dean Kilburn v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison for attorney's fees is denied. Griffen, J., concurs. See Jordan v. State, op. del. March 22, 2000.

CACR99-785. Alvin Chatt v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is denied. Griffen, J., concurs. See Jordan v. State, op. del. March 22, 2000.

CACR99-863. Reginald J. Dunn et al. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of separate appellant, Brian Hall, to supplement brief and file an abstract of the information with appellant's reply brief is granted.

CACR99-869. Timothy L. Epps v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to waive abstracting requirement as to videotape is granted.

CACR99-1150. Keltric McVay v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is denied. Griffen, J., concurs. See Jordan v. State, op. del. March 22, 2000.

CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal is denied.

CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file a belated brief is granted. Brief due within thirty days.

CACR00-114. Joseph Sherif Presley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Clint Miller, Deputy Public Defender, to be relieved as counsel and for substitution of William McArthur as counsel for appellant and for brief time is granted.

CACR00-121. Trish M. Goman v. State of Arkansas, from Garland Circuit. Motion of Morse U. Gist, Jr., to be relieved as counsel for appellant is granted.

CACR00-137. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Appellant's motion for brief time is granted for sixty days.

CACR00-305. Tarsherick Holmes v. State of Arkansas, from Crittenden Circuit. Joint motion of S. Butler Bernard, Jr., to be relieved as counsel for appellant and for substitution of Richard West as counsel and for brief time is granted. Brief due in thirty days.

CACR00-305. Tarsherick Holmes v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is denied. Griffen, J., concurs. See Jordan v. State, op. del. March 22, 2000.

CACR00-318. John L. Smith, Jr. v. State of Arkansas, from Jefferson Circuit. Appellant's petition for writ of certiorari to complete the record is remanded to the trial court to settle the record within thirty days. Appellant's brief due within sixty days.

CA98-406. Linda Lawhon et al. v. Ayres Corporation et al., from Phillips Circuit. Appellants' motion to withdraw exhibits is granted.

CA99-642. Douglas Tobacco Products Company, Inc. et al. v. Betty J. Gerrald et al., from Workers' Compensation Commission. Appellants' petition for clarification is denied. Stroud and Griffen, JJ., not participating.

CA99-684. Dorothy Cleveland et al. v. Michael McGoogan et ux., from Garland Chancery. Appellants' motion for costs. Costs assessed on mandate.

CA99-823. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees is certified to the Supreme Court.

CA99-988. Raymond C. Sweeden et al. v. Farmers Insurance Group et al., from Lonoke Circuit. Appellants' motion to supplement the record is granted. Record deemed supplemented.

CA99-1242. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit. Appellant's motion to supplement abstract and substitute brief. Leave granted to file substituted abstract and brief within thirty days.

CA99-1316. Nora Harris v. City of Little Rock, from Pulaski Chancery, First Division. Appellant's motion for brief time is granted. Brief due April 15, 2000.

CA99-1331. Kenneth G. Middleton v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion for brief time is granted.

CA99-1396. Marilyn K. Wallace, Executrix v. David Hale, from Pulaski Circuit, Second Division. Appellee's motion to dispense with oral argument and to advance and affirm judgment of the lower court is denied.

CA99-1437. Bernardine Dee Chaney et al. v. Brown's Sod Farm, from Perry Circuit. Appellee's motion for oral argument is denied. Bird, Griffen, and Crabtree, JJ., would grant. Neal, J., not participating.

CA99-1450. Harris J. Buchbinder et al. v. Bank of America, N.A., as Trustee, from Pulaski Chancery, Second Division. Appellee's motion to dismiss appeal as to Lyle B. Thompson. Motion granted as to Lyle B. Thompson's attorney fee issue only. Griffen, J., not participating.

CA99-1511. Henryk Szwedo et al. v. Columbia Doctors Hospital et al., from Pulaski Circuit, Sixth Division. Appellants' pro se motion to dismiss appellees' motions is denied.

CA00-74. J & J Marotti, Inc. v. Omni Holding & Development Corporation et al., from Crittenden Chancery. Appellant's motion to supplement the record and for brief time is granted. Record deemed supplemented. Brief due within forty-five days.

CA00-131. Altis Holliman et al. v. Delbert Liles et al., from Cleburne Chancery. Appellants' motion for brief time is remanded to the trial court to settle the record within thirty days. Appellants' brief due within sixty days. Meads, J., not participating.

CA00-147. Regions Bank, Administrator v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit. Appellee's motion to supplement the record is granted.

CA00-199. Lawrence Homer Spurlock v. Cinda Vinette Spurlock, from Sharp Chancery. Appellant's motion to supplement the record is granted.

CA00-326. Marion Maneth et al. v. Nicholas Tucker, from Lonoke Circuit. Appellants' motion for supersedeas and stay of judgment is granted.

E99-303. Bart D. Steadman v. Director et al., from Board of Review. Appellant's pro se motion for judgment by default is denied.

The following cases are dismissed for failure to file briefs.

CA99-369. Larry Craig et ux. v. Jeffery Hazelwood, from Benton Probate.

CA99-894. Lois Howerton v. Harp's Food Stores, Inc. et al., from Washington Circuit.

PETITIONS FOR REHEARING:

CACR99-812. Katrina Martin v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-978. Quadney Lyvonn Garrett v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA99-653. Columbia Doctors Hospital et al. v. Austie Johnson, from Workers' Compensation Commission.

CA99-993. John B. May Construction Company v. Homer Jordon, from Workers' Compensation Commission.

CA99-1050. Wal-Mart Stores, Inc. et al. v. Roger Wallace, from Workers' Compensation Commission.

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CACR97-1259. Scottie Eugene Stormes v. State of Arkansas, from Greene Circuit. Motion of George R. Spence for attorney's fees.

CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to recall or stay the mandate.

CACR99-296. Pearl Anthony v. State of Arkansas, from Hempstead Circuit. Motion of Ben Seay for attorney's fees.

CACR99-364. William Lamont Swain v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of John C. Stratford for attorney's fees.

CACR99-391. Elgin Gregory King v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of John C. Stratford for attorney's fees.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to dismiss appellee's brief.

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

CACR99-1055. Jason Craig Pond v. State of Arkansas, from Polk Circuit. Motion of Patrick McDaniel for attorney's fees.

CACR99-1272. Hubert Paul Tilton v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's petition for writ of certiorari to complete the record.

CACR99-1504. Tony Watson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for copy of docket sheet at public expense.

CACR00-246. Richard Wayne McCormick v. State of Arkansas, from Washington Circuit. Motion of G. Chadd Mason to be relieved and to substitute John Wesley Hall as counsel for appellant.

CA99-653. Columbia Doctors Hospital et al. v. Austie Johnson, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA99-835. Daniel J. McNamara v. Daniel Bohn, from Pulaski Chancery, Sixth Division. Appellee's motion for attorney's fees.

CA99-1511. Henryk Szwedo et al. v. Columbia Doctors Hospital et al., from Pulaski Circuit, Sixth Division. Appellants' pro se motion to challenge the facts and evidences.

CA00-14. Arkansas Presbytery of the Cumberland Presbyterian Church et al. v. Garry D. Hudson et al., from Pope Chancery. Appellees' motion to file belated brief.

CA00-127. Mack Bolton v. Conagra Poultry Company, from Workers' Compensation Commission. Appellee's motion to strike appellant's brief, or in the alternative, to require appellant to properly abstract the record.

CA00-139. Ray Patton v. State of Arkansas, from Ouachita Chancery. Appellant's motion for anonymity.

CA00-165. Rolling Pines Limited Partnership v. The City of Little Rock et al., from Pulaski Circuit, Third Division. Motion of American Planning Association to file amicus curiae brief.

CA00-185. Sunbelt Exploration Company et al. v. Seeco, Inc. et al., from Franklin Chancery, Northern District. Appellant's motion to include illustrations.

CA00-275. John E. Searcy III v. Emmett Davenport et al., from Van Buren Chancery. Appellant's pro se motion to proceed in forma pauperis.

CACR99-268. Charles Edward Mayo v. State of Arkansas, from Pulaski Circuit, Fourth Division. Argued orally.

CA99-1311. Oakwood Mobile Homes, Inc. et al. v. Cindy Butts et al., from Saline Circuit.

CACR96-1237. Kenneth Strawbridge v. State of Arkansas, from Faulkner Circuit.

CACR99-445. Billy Joe Parker v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-769. Tracey D. Birt v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR99-879. Theodore Jones v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-1011. Brian Embry v. State of Arkansas, from Pope Circuit.

CACR99-1019. Audie Virgil Goforth v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR99-1129. Jessie Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1220. Chon Lenell Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA99-102. Jimmy McKinney v. Joe Gude et al., from Mississippi Circuit, Chickasawba District.

CA99-455. Gene McWhorter v. Bernice McWhorter, from Phillips Chancery.

CA99-470. Rodney Price v. Virginia Sue Price, from Miller Probate.

CA99-792. Theo Dickerson, Jr. et ux. v. State of Arkansas Child Support Enforcement Unit, from Jefferson Chancery.

CA99-842. Anthony Walter v. Books-A-Million, from Pulaski Circuit, Third Division.

CA99-934. Bernard Trout v. Meeks Lumber Co., from Workers' Compensation Commission.

CA99-937. R.D. Plant Contracting, Inc. v. T.E.C., Inc., from Miller Circuit.

CA99-1064. Dorothy L. Robinson v. UAMS et al., from Workers' Compensation Commission.

CA99-1107. Callie Ellean Mallard (now Latimer) v. Richard Fredrick Mallard, from Conway Chancery.

CA99-1111. Dixie Gin v. Billy Sanders, from Workers' Compensation Commission.

CA99-1132. Molly M. Howell v. Scroll Technologies, from Workers' Compensation Commission.

CA99-1134. In Re: Adoption of D.J.L., from Drew Probate.

CA99-1481. Gordon Andrew Stellpflug v. Vicki Verleen Stellpflug, from Benton Chancery.

The following cases are appeals from the Arkansas Board of Review.

E99-133. Shirley J. Thomas v. Director et al.

E99-201. Alan L. Long v. Director et al.

E99-255. Michael Bailey v. Director et al.

E99-275. Thomas D. Smith v. Director et al.

E99-293. Heber Springs School District No. 1 v. Director et al.

E99-294. Cynthia A. Johnson v. Director et al.

E99-297. Caline Wykoff v. Director et al.

E99-304. Linda K. Zatarain v. Director et al.

E99-308. Ruthie M. Hill v. Director et al.

E99-310. Debra L. Gates v. Director, et al.

E99-311. Wanda McCoy v. Director, et al.

E99-312. James D. Jones v. Director, et al.