Beverly Enterprises-Arkansas, Inc. v. Hillier (Arnold, C.J.) 99-998

Appeal & error -- Order granting nonsuit was not final & appealable; motion to dismiss granted. [HTML, WP5.1]

Dodson v. State (Imber, J.) CR99-1088

Evidence -- Substantial evidence linked appellant to drugs in car; trial court did not err in denying appellant's directed-verdict motion; appellant was not deprived of right to cross-examine witness. [HTML, WP5.1]

Hashagen v. Lord (Smith, J.) 99-974

Appeal & error -- Abstracting requirements; failure to provide adequate abstract requires summary affirmance. [HTML, WP5.1]

Jones v. Abraham (Thornton, J.) 99-1217

Contracts -- Insufficient evidence of mutual obligations for binding oral contract; Jones v. Abraham, 67 Ark. 304, 999 S.W.2d 698 (1999), reversed on one point; no abuse of discretion in chancellor's denial of attorney's fees. [HTML, WP5.1]

Linn v. NationsBank (Imber, J.) 99-443

Civil procedure -- Counterclaim voluntarily dismissed; applicability of Ark. R. Civ. P. 13 (a) did not depend solely on general principles of res judicata; claims arose from same set of circumstances; present claims by appellants constituted compulsory counterclaims in earlier chancery action; grant of summary judgment & dismissal of complaint in error; reversed in part. [HTML, WP5.1]

Matthews v. Jefferson Hosp. Ass'n (Corbin, J.) 99-749

Workers' compensation -- Issue lacked convincing argument of legal authority; Commission's decision affirmed. [HTML, WP5.1]

Rowbottom v. State (Brown, J.) CR98-5

Criminal procedure -- Double-jeopardy protection; fundamental right can be raised for first time in Ark. R. Crim. P. 37 petition; Double jeopardy Clause does not preclude imposition of cumulative punishments under two statutes that may be construed to proscribe same conduct; no double-jeopardy violation found. [HTML, WP5.1]

Wenco Franchise Mngmt., Inc. v. Chamness (Per Curiam) 00-325

Prohibition, writ of -- Workers' Compensation Commission had exclusive authority to determine facts that established jurisdiction; writ granted. [HTML, WP5.1]

Worth v. City of Rogers (Corbin, J.) 99-89

Judgment -- Trial court erred in granting where further development of facts was required to determine true nature of reappraisals; trial court erred in finding that reappraisal was not countywide; finding that rollback was not required was based on erroneous statutory interpretation; trial court erred in ruling issue concerning 1997 taxes was moot; appellees' interpretation of Ark. Code Ann. § 26-26-401(3) (Repl. 1997) would defeat intent & purpose of Ark. Const. Amend. 59.; grant of summary judgment reversed & matter remanded. [HTML, WP5.1]

Burton v. State, CR 00-168 (Per Curiam), Pro Se Motion for Belated Appeal of Order; dismissed April 13, 2000. [HTML, WP5.1]

Davis v. State, CR 98-1180 (Per Curiam), affirmed April 13, 2000. [HTML, WP5.1]

Jones v. Jones, CR 99-1280 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot April 13, 2000. [HTML, WP5.1]

McCullough v. Davis, 00-276 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot April 13, 2000. [HTML, WP5.1]

Moore v. Bogard, CR 00-402 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot April 13, 2000. [HTML, WP5.1]

Terry v. State, CR 98-1335 (Per Curiam), Pro Se Motion to File Belated Addendum; denied and appeal dismissed April 13, 2000. [HTML, WP5.1]

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

99-998. Beverly Enterprises-Arkansas, Inc., Individually and d/b/a Beverly Health & Rehabilitation Center v. Paul Hillier, as Guardian of Dorothy Hillier, from Crawford Circuit. Dismissed. Appellee's Motion to Dismiss Appeal Granted. (5 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-89. Clarence J. Worth and Demaris E. Worth et al. v. City of Rogers et al., from Benton Circuit. Reversed and Remanded. Special Justice G. William Lavender joins in this opinion. Arnold, C.J., and Thornton, J., dissent. Smith, J., not participating. (19 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-749. Eleanor Matthews v. Jefferson Hospital Association, on Petition for Review from The Arkansas Court of Appeals. Affirmed; Court of Appeals Affirmed. Brown and Thornton, JJ., dissent. Smith, J., not participating. (5 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR98-5. Bruce Lee Rowbottom v. State of Arkansas, from Benton Circuit. Affirmed. Corbin, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-1088. Johnny Paul Dodson v. State of Arkansas, from Monroe Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

99-443. Jim R. Linn and Virginia Cheryl Linn v. NationsBank and Tom Nelson, from Faulkner Circuit. Affirmed in Part, Reversed in Part, and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-1217. Julia D. Jones, Joseph H. Klerekoper, and Jean W. Mallett v. Fairfax Abraham, Jr., Henry Abraham, Martha Abraham, Charles Abraham, Sarah D. Karney, Jeanette D. Stucke, Frances G. Elola, John T. Abraham, Julia D. Shepard, Ruth A. Seymour, and William T. Abraham, from Clark Chancery. Affirmed on Appeal; Affirmed on Cross-Appeal. Arnold, C.J., and Brown, J., not participating. (17 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-974. Joseph Hashagen v. Tracy Hashagen Lord, from Pulaski Chancery, First Division. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR98-1180. Michael A. Davis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

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

99-28. Lake View School District No. 25 Of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Imber, J., not participating. (appellants)

99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Imber, J., not participating. (appellees)

*****************************

REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR00-296. Holly Michelle Hixson v. State of Arkansas, from Washington Circuit.

00-286. David Copeland v. Baldwin & Shell Construction Company, from Workers' Compensation Commission.

00-308. Carolyn Vittitow v. Central Maloney, Inc., from Workers' Compensation Commission.

*****************************

99-1217. Julia D. Jones et al. v. Fairfax Abraham, Jr. et al., from Clark Chancery. Appellee's motion for taxation of costs and attorney's fees is denied. See opinion this date. Arnold, C.J., and Brown, J., not participating.

00-325. Wenco Franchise Management, Inc. v. Donna Chamness, from St. Francis Circuit. Petition for writ of prohibition. Writ granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR99-49. Larry Paul Morgan v. State of Arkansas, from Drew Circuit. Appellee's motion for publication is denied. See Kemp v. State, 326 Ark. 910, 934 S.W.2d 526 (1996).

CR99-630. Larry Jones v. State of Arkansas, from Crittenden Circuit. Appellee's motion for clarification. Moot. Original opinion reinstated.

CR99-1079. Corey Dewberry v. State of Arkansas, from Miller Circuit. Appellee's motion to supplement the record is granted.

CR00-53. Charles Randle Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file supplemental abstract is granted.

99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellant's motion for Rule 11 sanctions is denied. Imber, J., not participating.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellants' motion for attorney's fees and costs is denied. Corbin, J., not participating.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellant's motion to include in mandate an order for trial court to determine reasonableness of appellants requested attorneys fees is denied. Corbin, J., not participating.

99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellees' motion to file belated response is denied. Moot. Corbin, J., not participating.

99-1296. Regina Padgett Osburn et al. v. Department of Human Services et al., from Pulaski Chancery, Tenth Division. Appellees' joint motion to dismiss appeal. Submission of briefs on merits stayed until jurisdictional issue is submitted and decided. Thornton, J., not participating.

99-1520. James L. Flowers v. Norman Oaks Construction Company, Inc. and Southern Guaranty Insurance Company, from Workers' Compensation Commission. Appellees' motion to file belated brief is granted. Thornton, J., not participating.

00-193. Randy Davis v. Old Dominion Freight Line, Inc. and St. Paul Fire & Marine Insurance Company, from Workers' Compensation Commission. Appellees' motion to file supplemental brief is granted.

00-310. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission. Appellant's motion for an extension of time to respond to petition for review is granted.

00-364. May Construction Company, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Petitioner's motion for oral argument is granted. Brown, J., not participating.

00-364. May Construction Company, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Petition for writ of prohibition. To be submitted as a case. Clerk to set briefing schedule. Brown, J., not participating.

00-386. Darvin Reno and Lela Reno v. Honorable Chris Piazza, Judge, from Perry Circuit. Petition for writ of prohibition is denied.

00-265. Paula Jenkins v. Arkansas Department of Human Services, from Craighead Chancery, Western District. Motion for rule on the clerk is denied. Thornton, J., not participating.

99-707. Timothy Davis Fox et al. v. AAA U-Rent It et al., from Pulaski Chancery, Fifth Division. Appellants' motion to allow submission of supplemental addendum inadvertently omitted from reply brief. To be submitted with briefs.

CR99-624. Bruce Edward Leaks v. State of Arkansas, from Miller Circuit. Appellee's motion for release of exhibits for retrial and for expedited consideration is granted provided copies are substituted.

CR98-1335. Anthony Ray Terry v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to file belated addendum. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1280. William Frank Jones v. Honorable Berlin Jones, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-168. Victor Burton v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for belated appeal of order. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-402. Vonnie Moore/Shabazz v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

00-276. Walter A. McCullough v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

99-681. Tulsi K. Bharodia et al. v. Norman Pledger, from Pulaski Chancery, Third Division.

99-878. Sharlett Craig et al. v. Bonita Carrigo, from Pulaski Probate, First Division.

*****************************

PETITIONS FOR REVIEW:

CR00-312. Ronnie Archer v. State of Arkansas, from Franklin Circuit, Northern District.

CR00-336. Stephen Miller et al. v. State of Arkansas, from Washington Circuit.

CR00-341. Carlos Burdyshaw v. State of Arkansas, from Craighead Circuit, Western District.

00-319. Imelda Khamsomphou v. Petit Jean Poultry, Inc., from Workers' Compensation Commission.

00-335. Hedger Brothers Cement and Materials, Inc. et al. v. John David Stump, from Jackson Chancery.

*****************************

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Appellee's motion for extension of time to return writ of certiorari.

CR97-993. Paul Emery v. State of Arkansas, from Jackson Circuit. Appellant's motion for reconsideration.

CR99-795. Albert A. Dirickson v. State of Arkansas, from Sevier Circuit. Appellant's motion for belated appeal.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file corrected argument.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to expand record on appeal.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to enlarge brief.

CR99-1221. Frank Williams, Jr. v. State of Arkansas, from Lafayette Circuit. Appellant's motion for extension of time to file brief.

CR99-1367. Barry L. Wallace v. State of Arkansas, from Crittenden Circuit. Appellee's motion to remand.

CR99-1431. William Wesley Skiver v. State of Arkansas, from Greene Circuit. Appellant's motion to file supplemental abstract.

CR99-1492. Jason Mark Smith v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement abstract and file substituted brief pursuant to Ark. Sup. Ct. Rule 4-2(b)(2).

CR00-144. Jimmy Easley et al. v. State of Arkansas, from Clark Circuit. Second amended motion for rule on the clerk.

CR00-227. Ambrossial Odell Rose et al. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for extension of time for return of writ of certiorari.

CR00-362. Murry F. Armstrong v. Honorable John C. Cole, Jr., Judge, from Lincoln Circuit. Motion to dismiss petitioner's writ of prohibition or, in the alternative, writ of certiorari.

CR00-370. Norman Evans v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal.

CR00-375. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Appellant's motion for rule on the clerk to file belated petition for review.

CR00-378. Eric Scott Pike v. State of Arkansas, from Benton Circuit. Motion for belated appeal.

CR00-388. Kevin Douglas Casey v. State of Arkansas, from Hot Spring Circuit. Motion for rule on the clerk.

99-108. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery. Appellant's motion for reconsideration.

99-1210. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery. Appellant's motion for reconsideration.

00-45. Mary Hodge v. Brenda Hodge, from Cross Chancery. Joint motion to stay brief time pending decision of United States Supreme Court.

00-45. Mary Hodge v. Brenda Hodge, from Cross Chancery. Motion of State of Arkansas to intervene.

00-135. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Motion of Bobby Roberts, Individually and on Behalf of Arkansans to Protect Police, Libraries, Education and Services, to file amicus curiae brief.

00-166. Gary T. Clorid v. M.D. Reed, from Lincoln Circuit. Appellee's motion to strike page 10 of appellant's abstract.

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees.

00-252. Harry H. Criner, Jr. v. A. G. Edwards & Sons, Inc., from Pulaski Circuit, Second Division. Appellant's motion for reconsideration.

00-290. Bank of America et al. v. Lyle B. Thompson, from Pulaski Chancery, Second Division. Appellant's motion to reference record in Case No. CA 99-1450 for briefing and other purposes in the present appeal.

CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Argued orally.

CR98-1222. Steven Anthony Sera v. State of Arkansas, from Bradley Circuit.

CR99-667. John Kail v. State of Arkansas, from Cross Circuit.

CR00-202. Tammy Cunningham v. Honorable David Clinger, Judge, from Benton Circuit.

99-806. William Martin O'Fallon v. Ronnie O'Fallon et al., from Desha Chancery, Arkansas City District.

99-1365. Farm Bureau Mutual Insurance Company of Arkansas et al. v. Gaylon Foote et al., from Sebastian Circuit, Greenwood District.

99-1376. Sue Burke v. Kenneth Elmore et al., from Sebastian Circuit, Greenwood District.