Eagle Bank & Trust Co. v. Dixon (Hart, J.) CA99-1187

Business & commercial law -- Deficiency judgment; sale of collateral not commercially reasonable; trial court affirmed. [HTML, WP5.1]

Farrelly v. State (Neal, J.) CACR99-1167

Criminal law -- Evidence sufficient to sustain conviction for second-degree battery; revocation of probation affirmed. [HTML, WP5.1]

Jones v. Ellison (Neal, J.) CA99-803

Wills -- Testamentary intent clear; admission of note and distribution of property by probate court not clearly erroneous. [HTML, WP5.1]

Patterson v. Arkansas Dep't of Health (Meads, J.) CA99-438

Workers' compensation -- Odd-lot doctrine; reversed & remanded for award of benefits where appellee did not meet burden; substantial evidence supported finding that appellant did not receive bona fide offer from appellee employer; Commission did not err in finding Second Injury Fund had no liability. [HTML, WP5.1]

Tirado v. O'Hara (Jennings, J.) CA99-857

New trial -- Grant not abuse of discretion; loss-of-consortium claim also allowed to be retried. [HTML, WP5.1]

Ultracuts Ltd. v. Wal-Mart Stores, Inc. (Griffen, J.) CA99-449

Contracts -- Merger; trial court erred in granting summary judgment based upon license agreement's merger clause; easements of lease & license in oral agreement; fact question precluded summary judgment; oral agreement could be performed in one year; appellees not entitled to summary judgment. [HTML, WP5.1]

Blueford v. State, CA CR 99-400 (Meads, J.), reversed May 3, 2000. [HTML, WP5.1]

Boatmen's Trust Co. of Ark., v. Housing Auth. of North Little Rock, CA 99-834 (Per Curiam), dismissed May 3, 2000. [HTML, WP5.1]

Boudreaux v. GLI Holding Co., CA 99-1163 (Meads, J.), reversed in part; affirmed in part May 3, 2000. [HTML, WP5.1]

Cahoon v. Deacon, CA 99-713 (Robbins, C.J.), affirmed May 3, 2000. [HTML, WP5.1]

Coleman v. Coleman, CA 99-1154 (Neal, J.), reversed and remanded May 3, 2000. [HTML, WP5.1]

Comm-Link, Inc. v. Joella, CA 99-980 (Griffen, J.), reversed and dismissed May 3, 2000. [HTML, WP5.1]

Hudlow v. The First United Methodist Church, CA 99-853 (Crabtree, J.), affirmed May 3, 2000. [HTML, WP5.1]

Jackson v. State, CA CR 99-1340 (Crabtree, J.), affirmed May 3, 2000. [HTML, WP5.1]

Johnson v. State, CA CR 99-1000 (Robbins, C.J.), affirmed May 3, 2000. [HTML, WP5.1]

Kassees v. Wilson, CA 99-1144 (Stroud, J.), appeal dismissed May 3, 2000. [HTML, WP5.1]

Marroquin v. State, CA CR 99-1036 (Stroud, J.), affirmed May 3, 2000. [HTML, WP5.1]

Replogle v. USA Truck, Inc., CA 99-1039 (Koonce, J.), reversed and remanded May 3, 2000. [HTML, WP5.1]

Robinson v. State, CA CR 99-1025 (Bird, J.), affirmed May 3, 2000. [HTML, WP5.1]

Strawbridge v. State, CA CR 96-1237 (Pittman, J.), affirmed as modified and remanded May 3, 2000. [HTML, WP5.1]

T.B. v. State, CA 99-700 (Pittman, J.), affirmed May 3, 2000. [HTML, WP5.1]

Thompson v. State, CA CR 99-1345 (Roaf, J.), affirmed May 3, 2000. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Williams, CA 99-1209 (Hart, J.), affirmed May 3, 2000. [HTML, WP5.1]

Walker v. Independent Case Mngmt., CA 99-1189 (Pittman, J.), reversed and remanded May 3, 2000. [HTML, WP5.1]

Brodix, Inc. v. Director of Labor, E 99-315, May 3, 2000.

Crabtree v. Director of Labor, E 99-300, May 3, 2000.

Gambill v. Director of Labor, E 99-322, May 3, 2000.

Hollender v. Director of Labor, E 99-319, May 3, 2000.

Johnson v. Director of Labor, E 99-313, May 3, 2000.

Krohn v. Director of Labor, E 99-299, May 3, 2000.

Miller v. Director of Labor, E 99-314, May 3, 2000.

Patty v. Director of Labor, E 99-321, May 3, 2000.

Roberson v. Director of Labor, E 99-220, May 3, 2000.

Siddons v. Director of Labor, E 99-247, May 3, 2000.

Wolverine Slipper Group v. Director of Labor, E 99-298, May 3, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1000. Anthony Johnson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Stroud and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-713. David Cahoon v. Barry Deacon et al., from Craighead Chancery, Western District. Affirmed. Stroud and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR96-1237. Kenneth Strawbridge v. State of Arkansas, from Faulkner Circuit. Affirmed as Modified and Remanded. Crabtree and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-700. T.B. v. State of Arkansas, from Marion Chancery. Affirmed. Crabtree and Meads, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1189. Dorothy Walker v. Independent Case Management, from Workers' Compensation Commission. Reversed and Remanded. Hart and Stroud, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-1187. Eagle Bank & Trust Company v. Kurt Dixon, from Pulaski Circuit. Affirmed. Jennings and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1209. Wal-Mart Stores, Inc. v. Deborah Williams, from Workers' Compensation Commission. Affirmed. Jennings and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-857. Emilio Tirado, M.D. v. John O'Hara and Jo O'Hara, his wife, from Ouachita Circuit. Affirmed. Neal and Griffen, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1025. James Leroy Robinson v. State of Arkansas, from Pulaski Circuit. Affirmed. Koonce and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA99-1039. Jack Replogle v. USA Truck, Inc., from Crawford Circuit. Reversed and Remanded. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1036. German R. Marroquin v. State of Arkansas, from Benton Circuit. Affirmed. Robbins, C.J., and Neal, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1144. Attallah Kassees, Sr. Personal Representative of the Estate of Ganem Kassees, Deceased v. Jimmy Dale Wilson et al., from Pulaski Circuit, Fifth Division. Appeal Dismissed. Jennings and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1167. Victoria Farrelly v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA99-803. Virginia Jones, Carolyn Smalling, and Margaret Barron v. Vernita Ellison, from Union Probate. Affirmed. Hart, Jennings, and Meads, JJ., agree. Pittman and Crabtree, JJ., dissent. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1154. William Coleman v. Bianca Coleman, from Pulaski Chancery. Reversed and Remanded. Robbins, C.J., and Stroud, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA99-449. Ultracuts Ltd. and Ultracuts Franchises, Inc. v. Wal-Mart Stores, Inc., and Wal-Mart Canada, Inc., from Benton Circuit. Reversed and Remanded. Hart, Stroud, and Neal, JJ., agree. Pittman and Jennings, JJ., dissent. (12 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-980. Comm-Link, Inc. v. Louis Joella, from Carroll Chancery. Reversed and Dismissed. Jennings and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-1340. James Lee Jackson v. State of Arkansas, from Desha Circuit. Affirmed. Pittman and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-853. Dixie Lee Hudlow v. The First United Methodist Church of Hot Springs, Arkansas, from Garland Circuit. Affirmed. Pittman and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-400. Roosevelt Blueford v. State of Arkansas, from Drew Circuit. Reversed. Pittman and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-438. Annalee Patterson v. Arkansas Department of Health, Employer; Arkansas Insurance Department, Carrier; Second Injury Trust Fund, from Workers' Compensation Commission. Reversed and Remanded on Direct Appeal. Robbins, C.J., Bird, Stroud, and Neal, JJ., agree. Pittman, Jennings, Roaf, JJ., and Hays, S.J., dissent. Affirmed on Cross-Appeal. Robbins, C.J., Pittman, Jennings, Bird, Stroud, Neal, Roaf, and Hays, S.J., agree. (14 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1163. Wilson J. Boudreaux v. GLI Holding Company and Cigna Insurance, from Workers' Compensation Commission. Reversed in Part; Affirmed in Part. Pittman and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1345. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins, C.J., and Hart, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA99-834. Boatmen's Trust Company of Arkansas, Guardian of the Estate of James D. Henderson, a Minor; and Yolanda Michelle Henderson v. Housing Authority of the City of North Little Rock et al., from Pulaski Circuit, Second Division. Dismissed. (4 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).

E99-220. Pamela N. Roberson v. Director et al.

E99-247. Myron W. Siddons v. Director et al.

E99-298. Wolverine Slipper Group v. Director et al.

E99-299. Charlene Krohn v. Director et al.

E99-300. Janey Crabtree v. Director et al.

E99-313. Robert A. Johnson v. Director et al.

E99-314. Virgil L. Miller v. Director et al.

E99-315. Brodix, Inc. v. Director et al.

E99-319. John Hollender v. Director et al.

E99-321. Patricia Patty v. Director et al.

E99-322. Patrick Gambill v. Director et al.

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

CA99-918. Bryan Hosto v. Intellinet, LLC et al., from Pulaski Circuit, First Division.

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CACR00-438. Pamela Tatrice Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Lea Ellen Fowler to be relieved as counsel for appellant is granted.

CACR00-462. David Spurgeon v. State of Arkansas, from Sevier Circuit. Motion of Mickey Buchanan to be relieved as counsel for appellant and to substitute Alvin Schay as counsel is granted. Crabtree, J., would deny.

CA99-1191. Kenneth Lee et al. v. Julia Konkel-Swaim et al., from Yell Chancery, Southern District. Appellants' motion to correct and clarify and for brief time is granted.

CA99-1358. Charles H. Johnson v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Appellee's motion to file supplemental brief is denied.

CA00-111. Brenda Head v. Wilbur Giles, M. D. et al., from Pulaski Circuit, Second Division. Appellant's motion to file belated brief is granted.

CA00-117. Jerry Norrell v. Wilbur Giles, M.D. et al., from Pulaski Circuit, Sixth Division. Appellant's motion to file belated brief is granted.

CA00-176. Shellie D. Coffman v. Collier Investments, Inc., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

CA00-255. Versie Burch v. Bennie Griffe, from Pulaski Probate, Fifth Division. Appellant's motion to consolidate this appeal with CA00-444 is denied; but clerk instructed to submit both appeals to same panel at same time. Appellants' briefs due May 29, 2000, in both cases.

CA00-277. Jose Antonio Aldaco v. State of Arkansas, from Washington Circuit. Appellant's motion to supplement the record is granted.

CA00-301. Canal Insurance Company v. Jim Adams, from Arkansas Circuit, Southern District. Appellant's petition for writ of certiorari to complete the record is granted.

CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellant's motion to complete the record is granted as to pamphlet, but denied as to letter and precedent.

CA00-334. George L. Seay et al. v. Wildlife Farms, Inc., et al., from Arkansas Chancery, Northern District. Appellants' motion to supplement the record is granted.

PETITION FOR REHEARING:

CACR99-551. Daniel W. Johnson v. State of Arkansas, from Saline Circuit.

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CACR99-1054. Billy J. Scott v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Tom A. Bennett for attorney's fees.

CACR99-1390. Baron Calvin Sims v. State of Arkansas, from Crittenden Circuit. Appellant's motion for brief time.

CACR00-321. Timothy Don Boson v. State of Arkansas, from Saline Circuit. Appellant's motion for brief time.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellees' motion for additional time to return writ.

CA00-41. Darryl Robert Francis, Sr. v. Darryl Robert Francis, II, et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to dismiss cross-appeal.

CA00-460. Sue Ann Grotts v. Department of Human Services, from Washington Chancery. Appellant's petition for writ of certiorari to complete the record.

CACR99-1169. Michael Gault v. State of Arkansas, from Pulaski Circuit, Fourth Division. Argued orally.

CA99-1317. MDH Builders, Inc. v. Nabholz Construction Corporation, from Pulaski Chancery, Sixth Division. Argued orally.

CACR99-962. Kevin Franklin v. State of Arkansas, from Phillips Circuit.

CACR99-1018. Josh Vanesch v. State of Arkansas, from Van Buren Circuit.

CACR99-1040. John E. Hill v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1041. Thomas Junior v. State of Arkansas, from Hot Spring Circuit.

CACR99-1054. Billy J. Scott v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR99-1091. Victor Ray Lyons v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1093. Trevor Poston v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR99-1171. Michael W. Basinger v. State of Arkansas, from Garland Circuit.

CACR99-1384. Rose Mary Cuddy v. State of Arkansas, from Jefferson Circuit.

CA99-1043. Georgia -Pacific Corporation v. Ray Miles, from Workers' Compensation Commission.

CA99-1170. Sue M. Knott et al. v. Alan Tooraen, from Montgomery Chancery.

CA99-1175. Lewis K. "Kenneth" Phillips et ux. v. Charles McCloud et ux., from Madison Chancery.

CA99-1202. Arktic Ice Limited Partnership et al. v. Ratliff Enterprises, Inc. et al., from Pulaski Chancery, Third Division.

CA99-1208. Jack Estridge v. Waste Management, from Workers' Compensation Commission.

CA99-1233. Scott Tate et ux. v. Jo Bennett, from Randolph Circuit.

CA99-1278. Mary Goolsby v. Washington Regional Medical Center et al., from Workers' Compensation Commission.

CA99-1283. James Shoffey v. Progressive Northwestern Insurance Company, from Sebastian Circuit, Fort Smith District.

CA99-1320. Danny Mitchell v. Martha Headley et al., from Randolph Chancery.

CA99-1369. Teddy Earl Points, Jr. v. Diane Marie Points, from Washington Chancery.

CA99-1385. Jerry Fielding v. Firestone Building Products, from Workers' Compensation Commission.

CA99-1427. Jessie Wright v. Industrial Maintenance & Piping, from Workers' Compensation Commission.

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

E99-226. P. D. Q., Inc. v. Director et al.

E99-236. Mitchell D. Robbins v. Director et al.

E99-253. Carlos E. Donahue v. Director et al.

E99-295. Loretta J. Griffith v. Director et al.

E99-326. Zeta F. McPherson v. Director et al.

E99-328. Misako L. Bassett v. Director et al.

E99-329. Betty J. Donald v. Director et al.

E99-330. Margaret Johnson v. Director et al.

E99-331. Patricia Lape v. Director et al.

E00-1. Robin Morse v. Director et al.

E00-2. Marsha B. Manson v. Director et al.

E00-3. Shirley Martin v. Director et al.