Bunn v. Luthultz (Crabtree, J.) CA99-1120

Insurance -- Conveyance of interest in proceeds; appellant lost status as assignee. [HTML, WP5.1]

Campbell v. Randal Tyler Ford Mercury, Inc. (Meads, J.) CA99-1212

Workers' compensation -- Going-and-coming rule; employment services; Commission did not err in finding appellant was not performing at time of death. [HTML, WP5.1]

Smith v. Russ (Hart, J.) CA99-801

Contracts -- Appellants breached contract for sale; no error found; consequential damages awarded in error; reversed in part. [HTML, WP5.1]

Wood v. West Tree Serv. (Crabtree, J.) CA99-708

Workers' compensation -- Positive test for marijuana metabolites establishes rebuttable presumption; expert testified as to decedent's impairment; Commission's decision supported by substantial evidence. [HTML, WP5.1]

Caldwell v. Allenfarm, Inc., CA 99-724 (Meads, J.), affirmed April 12, 2000. [HTML, WP5.1]

Cockerham v. State, CA CR 99-1065 (Robbins, C.J.), affirmed April 12, 2000. [HTML, WP5.1]

East Ark. Area Agency On Aging v. Marshall, CA 99-1072 (Crabtree, J.), affirmed April 12, 2000. [HTML, WP5.1]

Flowers v. State, CA CR 99-946 (Hart, J.), affirmed April 12, 2000. [HTML, WP5.1]

Garrett v. Primestar, Inc., CA 99-1080 (Griffen, J.), reversed and remanded April 12, 2000. [HTML, WP5.1]

Grillot v. Maddox, CA 99-947 (Robbins, C.J.), affirmed April 12, 2000. [HTML, WP5.1]

Harvill-Byrd Elec. Co. v. Cortese, CA 99-799 (Griffen, J.), affirmed April 12, 2000. [HTML, WP5.1]

Johnston v. State, CA CR 99-990 (Jennings, J.), affirmed April 12, 2000. [HTML, WP5.1]

Ray v. Little John Trucks, Inc., CA 99-1069 (Neal, J.), affirmed April 12, 2000. [HTML, WP5.1]

Smith v. Arkansas Bd. of Private Investigators, CA 99-1010 (Bird, J.), affirmed April 12, 2000. [HTML, WP5.1]

Tilton v. State, CA CR 99-1272 (Roaf, J.), affirmed April 12, 2000. [HTML, WP5.1]

Whisenhunt v. Bee Branch Water Ass'n, Inc., CA 99-165 (Jennings, J.), affirmed April 12, 2000. [HTML, WP5.1]

Willis v. State, CA CR 99-1130 (Stroud, J.), affirmed April 12, 2000. [HTML, WP5.1]

Austin v. Director of Labor, E 99-284, April 12, 2000.

Bair v. Director of Labor, E 99-287, April 12, 2000.

Dreher v. Director of Labor, E 99-290, April 12, 2000.

Ewell v. Director of Labor, E 99-227, April 12, 2000.

Gibson v. Director of Labor, E 99-285, April 12, 2000.

Harshberger v. Director of Labor, E 99-283, April 12, 2000.

Howard v. Director of Labor, E 99-291, April 12, 2000.

Manuel v. Director of Labor, E 99-282, April 12, 2000.

Mathis v. Director of Labor, E 99-288, April 12, 2000.

Self v. Director of Labor, E 99-229, April 12, 2000.

Simmons v. Director of Labor, E 99-289, April 12, 2000.

Tolliver v. Director of Labor, E 99-286, April 12, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1065. Perry Cockerham v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-947. Dan and Karen Grillot v. Leroy and Rosemary Maddox, from Van Buren Chancery. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-946. Anthony Ray Flowers v. State of Arkansas, from Hempstead Circuit. Affirmed. Pittman and Stroud, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-801. Tim Smith & Shelby Arrington v. Shawn J. Russ, from Pulaski Circuit. Affirmed in Part; Reversed in Part and Remanded. Pittman and Stroud, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-990. Steven Alan Johnston v. State of Arkansas, from Cleveland Circuit. Affirmed. Neal and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-165. Joe D. Whisenhunt v. Bee Branch Water Association, Inc. et al., from Van Buren Chancery. Affirmed. Bird and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA99-1010. Clarence Smith v. Arkansas Board of Private Investigators and Private Security Agencies, from Sebastian Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1130. Phyllis Willis v. State of Arkansas, from Jackson Circuit. Affirmed. Pittman and Hart. JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA99-1069. Dale Ray v. Little John Trucks, Inc. and Clarendon Insurance Company, from Workers' Compensation Commission. Affirmed. Jennings and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA99-799. Harvill-Byrd Electric Company v. Robert A. Cortese, from Workers' Compensation Commission. Affirmed. Jennings and Neal, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1080. Louise I. Garrett, Personal Representative of The Estate of Victor Lee Garrett v. Primestar, Inc., from Clay Circuit. Reversed and Remanded. Jennings and Neal, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA99-708. Felicia Wood and Ruth Carolyn Wood v. West Tree Service, from Workers' Compensation Commission. Affirmed. Pittman, Jennings, Bird and Neal, JJ., agree. Roaf, J., dissents. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1072. East Arkansas Area Agency on Aging v. Doris Marshall, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Bird, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1120. Patricia Bunn v. Dorothy Luthultz, from Independence Chancery. Affirmed. Robbins, C.J., and Bird, J., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CA99-724. Glynda Caldwell and Arley Caldwell v. Allenfarm, Inc., from Benton Circuit. Affirmed. Roaf, J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1212. Ronald A. Campbell (Deceased) v. Randal Tyler Ford Mercury, Inc., from Workers' Compensation Commission. Affirmed. Roaf, J., and Hays, S.J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1272. Hubert Paul Tilton v. State of Arkansas, from Pulaski Circuit. Affirmed. Meads, J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

E99-227. Timothy L. Ewell v. Director et al.

E99-229. Deborah K. Self v. Director et al.

E99-282. Margaret A. Manuel v. Director et al.

E99-283. Gail Harshberger v. Director et al.

E99-284. Rodger A. Austin v. Director et al.

E99-285. Crystal Gibson v. Director et al.

E99-286. Regina L. Tolliver v. Director et al.

E99-287. Mollie A. Bair v. Director et al.

E99-288. Danny Mathis v. Director et al.

E99-289. Larry Simmons v. Director et al.

E99-290. Darrell Dreher v. Director et al.

E99-291. Earl E. Howard v. Director et al.

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

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 is granted. Allowed $700.00.

CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to recall or stay the mandate is denied. Jennings and Neal, JJ., not participating.

CACR99-296. Pearl Anthony v. State of Arkansas, from Hempstead Circuit. Motion of Ben Seay for attorney's fees is granted. Allowed $850.00.

CACR99-364. William Lamont Swain v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of John C. Stratford for attorney's fees is granted. Allowed $850.00.

CACR99-391. Elgin Gregory King v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of John C. Stratford for attorney's fees is granted. Allowed $850.00.

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

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

CACR99-1023. Jerry Shelton Dye v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to correct abstract in reply brief is granted.

CACR99-1055. Jason Craig Pond v. State of Arkansas, from Polk Circuit. Motion of Patrick McDaniel for attorney's fees is granted. Allowed $850.00.

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 is denied.

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 is denied.

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 is granted.

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

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

CA99-1201. Helen Bowers et al. v. J. Harmon Smith et al., from St. Francis Probate. Motion of appellee B. Michael Easley to stay brief time is granted.

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 is denied.

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 is granted.

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 is denied. Motion for brief time granted. Roaf, J., not participating.

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

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

CA00-185. Sunbelt Exploration Company et al. v. Seeco, Inc. et al., from Franklin Chancery, Northern District. Appellant's motion to include illustrations is granted. Meads, J., would deny. Stroud, J., not participating.

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 is granted as to filing fee only. Bird, Griffen, Crabtree, and Roaf, JJ., would deny.

PETITIONS FOR REHEARING:

CA99-493. Tim Winslow v. D & B Mechanical Contractors, from Workers' Compensation Commission.

CA99-672. Gary D. Gazaway v. Gary Pugh et al., from Randolph Chancery.

CA99-702. Ronnie Barker v. Charles Clark, from Faulkner Circuit.

CA99-1105. John Keith Gray v. Sheila Marie Gray, from Washington Chancery.

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CACR99-354. Billy Mack Nichols, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to file a belated petition for rehearing.

CACR99-582. Rickey Lee Martin v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for reconsideration of motion for attorney's fees.

CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for reconsideration of motion for attorney's fees.

CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for reconsideration of motion for attorney's fees.

CACR99-921. Eric Fobbs v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

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

CACR00-120. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Gregory E. Bryant to be relieved as counsel for appellant and to stay briefing schedule.

CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for reconsideration of motion for attorney's fees.

CACR00-191. Dwight McClendon v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for reconsideration of motion for attorney's fees.

CA99-1322. E.C. Barton & Company v. Anna S. Upton, from Crittenden Circuit. Appellant's motion for oral argument.

CA00-75. Johnny Estrada v. Furr's Cafeteria, Inc. et al., from Workers' Compensation Commission. Appellant's motion to consolidate the previous related appeal in order for the current appeal to be reviewed by the same panel and for oral argument.

CA00-92. Asa John Jongewaard v. State of Arkansas, from Washington Chancery. Appellant's motion to file enlarged statement of case.

E00-65. Sharon Polk v. Director et al., from Board of Review. Appellant's motion for belated appeal.

CACR99-1036. German R. Marroquin v. State of Arkansas, from Benton Circuit. Argued orally.

CA99-1207. Dorothea Kopriva et al. v. Burnett-Croom-Lincoln-Paden, LLC, from Baxter Circuit. Argued orally.

CACR99-714. Mashombe Shawn Brock v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-861. George Steven Wilcox v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-880. Bryan Curtis Turner v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-981. Doyle Whisenhut v. State of Arkansas, from Sevier Circuit.

CACR99-1082. Timothy Washington v. State of Arkansas, from Crittenden Circuit.

CACR99-1229. Brian Antonio Edwards v. State of Arkansas, from White Circuit.

CACR99-1253. Jamie Lynn Marks v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1281. Arthur Stanley Lamb v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-1344. Benjamin F. McCann v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-1346. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA99-866. J.C. Hadley's Auto v. Carolyn Townsend, from Jefferson Circuit.

CA99-909. Terry Tidwell McGraw v. Arkansas Delivery Services, Inc., from Workers' Compensation Commission.

CA99-923. Gibson Appliance Company v. Nationwide Insurance Company, from Pulaski Circuit, Second Division.

CA99-955. Janice Tackett, Administratrix v. Merchant's Security Patrol, from Washington Circuit.

CA99-1094. Robert B. White v. Edith Suzanne White, from Greene Chancery.

CA99-1108. Morrilton Security Bank v. Ronald G. Keleman et al., from Conway Chancery.

CA99-1128. Margaret Inge v. Scott Walker, from Sebastian Circuit, Greenwood District.

CA99-1145. Don Acord v. Elbridge A.J. Acord et al., from Johnson Chancery.

CA99-1163. Wilson J. Boudreaux v. GLI Holding Company, from Workers' Compensation Commission.

CA99-1168. Violet Skinner v. SW Ark. Development Council et al., from Workers' Compensation Commission.

CA99-1185. Alumax v. Marshall Goodson, from Workers' Compensation Commission.

CA99-1268. Walter B. Johns v. Conagra, Inc., from Workers' Compensation Commission.