ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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341 Ark.

Opinions delivered
April 27, 2000


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Dewberry v. State (Corbin, J.) CR99-1079

Appeal & error -- No-merit brief insufficient; rebriefing ordered. [HTML, WP5.1]

Easley v. State (Per Curiam) CR00-144

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Emery v. State (Per Curiam) CR97-993

Attorney & client -- Attorney entitled to compensation for work done prior to becoming state-salaried public defender; motion for attorney's fees granted. [HTML, WP5.1]

Hunt v. Hunt (Brown, J.) 99-855

Divorce -- Margin debt found to be marital; chancery court not clearly erroneous; Ark. Code Ann. § 9-11-508 inapplicable on issue of marital debt. [HTML, WP5.1]

Newcourt Fin., Inc. v. Canal Ins. Co. (Smith, J.) 99-1249

Insurance -- Award of attorneys' fees to policyholders affirmed; appellant should have been granted penalties & fees for prosecution of separate successful claim; reversed in part & remanded. [HTML, WP5.1]

Parsons v. State (Arnold, C.J.) 99-1176

Judgment -- Summary judgment; effective date of appellant's residency change was central issue; reversed & remanded where granting was in error. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Binns (Arnold, C.J.) 99-810

Motions -- Directed verdict; denial of appellant's motion & jury's verdict reversed; malicious prosecution; jury lacked substantial evidence of elements. [HTML, WP5.1]

Williams v. State (Per Curiam) CR99-1221

Appeal & error -- Motion for extension of time granted; show-cause order issued. [HTML, WP5.1]

SUPPLEMENTAL OPINION UPON GRANTING OF REHEARING

Baker v. Arkansas Dep't of Human Servs. (Per Curiam) 99-526

Attorney & client -- Order designating payment of fees by Juvenile Court Representation Fund in error; part of opinion ordering payment of attorney's fees reversed. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDERS

In Re: Adoption of Reporting Form for Speedy Trial Dismissals and Other Dispositions; Amendment to Administrative Order Number 8 (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Pardue v. State, CR 98-970 (Per Curiam), affirmed April 27, 2000. [HTML, WP5.1]

Watts v. State, CR 00-201 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment; remanded April 27, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

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

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Reversed. Special Associate Justices W. H. "Sonny" Dillahunty and Jonann Coniglio Fleischaier join in this opinion. Glaze and Brown, JJ., dissent. Corbin, Imber, and Smith, JJ., not participating. (9 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-1176. Jim Parsons v. State of Arkansas, from Benton Circuit. Reversed and Remanded. Imber, J., concurs. Glaze and Brown, JJ., dissent. (5 PAGES + 1-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-1079. Corey Dewberry v. State of Arkansas, from Miller Circuit. Rebriefing Ordered. (3 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-855. Allyson Hunt v. Bryan Hunt, from Washington Chancery. Affirmed as Modified. Imber, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-1249. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit. Affirmed in Part; Reversed in Part, and Remanded. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR98-970. David Pardue v. State of Arkansas, from Benton Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING GRANTED: Petition for rehearing was granted today in the following case.

99-526. Nakia Baker et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. See supplemental opinion upon granting of petition for rehearing. (2 PAGES PUBLISHED) [HTML, WP5.1]

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REVIEW GRANTED: Petition for review was granted today in the following case.

00-342. Michael Crudup v. Regal Ware, Inc., from Workers' Compensation Commission.

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

CR00-374. Katrina Martin v. State of Arkansas, from Pulaski Circuit, First Division.

00-310. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission.

00-350. Wal-Mart Stores, Inc. et al. v. Roger Wallace, from Workers' Compensation Commission.

00-411. Billy J. Purtle v. Denver Roller, Inc., from Faulkner Circuit.

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99-1249. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for clarification. Moot.

CR97-993. Paul Emery v. State of Arkansas, from Jackson Circuit. Motion to reconsider denial of award of attorney's fee on appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

CR99-1221. Frank Williams, Jr. v. State of Arkansas, from Lafayette Circuit. Appellant's second motion for extension of time to file brief is granted. Show cause order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-144. Jimmy Easley and Vickey Wagner Easley v. State of Arkansas, from Clark Circuit. Second amended motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR99-1347. William Otis Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record is granted.

99-78. BNL Equity Corporation et al. v. Myra Jo Pearson, from Pulaski Circuit, Third Division. Appellees' motion to terminate or dissolve stay of mandate is denied. Smith, J., not participating.

99-800. Seeco, Inc. et al. v. Allen Hales, from Sebastian Circuit, Fort Smith District. Appellants' motion for expansion of oral argument time is granted. Glaze, Thornton, and Smith, JJ., not participating.

99-1024. Cindy Reaves v. Farm Bureau Mutual Insurance of Arkansas, Inc. et al., from Desha Circuit, Arkansas City District. Appellees' motion to dismiss appeal is granted. Glaze, J., not participating.

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellee's motion to file supplemental brief is granted.

00-422. In Re: Exparte Application of Francis Hart et al. v. Honorable David S. Clinger, Judge, from Benton Circuit. Petition for writ of mandamus and/or prohibition to the Circuit Court of Benton County, Arkansas is denied.

00-436. Bryan Hosto v. Internet Partners of America, LLC, from Pulaski Circuit, First Division. Appellee's motion for extension of time to respond to petition for review. Moot.

CR00-201. Frank Watts II v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for belated appeal of judgment. Remanded. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Adoption of Reporting Form for Speedy Trial Dismissals and Other Dispositions; Amendment to Administrative Order Number 8. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR99-1172. State of Arkansas v. Antonio Singleton, from Pulaski Circuit, First Division.

99-1489. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit.

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PETITIONS FOR REVIEW:

CR00-405. Quadney Lyvonn Garrett v. State of Arkansas, from Pulaski Circuit, Fifth Division.

00-412. Tim Winslow v. D&B Mechanical Contractors, Inc., from Workers' Compensation Commission.

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. (appellant)

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. (appellee)

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CR97-1412. Charles F. Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dana Reece to be relieved as attorney for appellant.

CR00-409. Roy Don Tester v. State of Arkansas, from Pope Circuit. Motion of James Dunham to be relieved as attorney for appellant.

CR00-454. Dewayne Glass v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk to file petition for review.

CR00-455. Avenell Scott v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk to file petition for review.

CR00-457. Ray Albert Hussey v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk to file petition for review.

CR00-458. Dianna Smith v. State of Arkansas, from Chicot Circuit. Motion for rule on the clerk.

CR00-459. Jason Jordan v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for rule on clerk to file petition for review.

99-800. Seeco, Inc. et al. v. Allen Hales, from Sebastian Circuit, Fort Smith District. Motion of Oliver S. Howard and M. Benjamin Singletary for admission to practice by comity.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division.  Petitioners' request for relief and appeal of chancery court orders.

99-1414. City of Dover v. City of Russellville and City Corporation, from Pope Chancery. Appellees' motion to waive Rule 4-2(a)(6) for reproducing exhibits.

00-443. Shawn Lamberth Overturf v. Arkansas Department of Human Services, from Sharp Chancery. Motion for rule on the clerk.

00-451. Gary Marcus Palmer v. State of Arkansas, from Randolph Circuit. Appellant's motion to dismiss petition.

00-461. Farmer's Supply Company of Marvell, Inc. v. Tony Gilmore, from Lee Circuit. Motion for rule on the clerk.

00-463. Barbara Anderson v. Farris Holliman et al., from Faulkner Chancery. Motion for rule on the clerk and for writ of certiorari to complete the record.

CACR99-1293. Jerry A. Newton v. State of Arkansas, from Jefferson Circuit. Appellant's motion to strike.

SUBMISSIONS

99-822. Burford Distributing, Inc. et al. v. Danny Starr, from Sebastian Circuit, Fort Smith District. Argued orally.

00-135. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Argued orally.

CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR00-52. Michael Ibsen v. Honorable John B. Plegge, Judge, from Pulaski Circuit, Seventh Division.

99-650. Mary Ellen Koonce v. William D. Mitchell et al., from Conway Chancery.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division.