Hendrix v. Winter (Per Curiam) CA99-794

Attorney & client -- Professional conduct; matter concerning possible ethical violation reported to Committee; judgment satisfied upon strength of disavowed unwritten agreement. [HTML, WP5.1]

Hoover v. Hoover (Griffen, J.) CA99-944

Divorce -- Division of property by chancellor clearly erroneous; enhanced value given properties clearly erroneous; reversed & remanded. [HTML, WP5.1]

Johnston v. Curtis (Bird, J.) CA99-941

Contracts -- Contract for sale of real property; statute of frauds applicable; performance sufficient to take contract out of; appellants' refusal to close without valid basis; executory contract for sale of land breached; award of damages sufficient. [HTML, WP5.1]

LeClere v. State (Per Curiam) CACR99-294

Attorney & client -- Professional conduct; counsel filed misleading reply brief; matter referred to Committee. [HTML, WP5.1]

Potlatch Corp. v. Triplett (Stroud, J.) CA99-1153

Property -- Quiet-title action; appellant presented prima facie case; chancellor erred in directing verdict in favor of appellee; reversed & remanded. [HTML, WP5.1]

Ritchie Grocery v. Glass (Roaf, J.) CA99-1206

Workers' compensation -- Indicator present; award of benefits for post-traumatic stress disorder affirmed. [HTML, WP5.1]

Trammell v. State (Stroud, J.) CA99-1085

Constitutional law -- Directed verdict; failure to renew motion at close of evidence precluded review of sufficiency challenge. [HTML, WP5.1]

Andrews v. State, CA CR 99-1183 (Griffen, J.), affirmed May 10, 2000. [HTML, WP5.1]

Arkansas Trucking Servs., Inc. v. Suggs, CA 99-1287 (Jennings, J.), affirmed May 10, 2000. [HTML, WP5.1]

Barker v. Rogers Group, Inc., CA 99-1330 (Per Curiam), dismissed May 10, 2000. [HTML, WP5.1]

Cole v. Moten, CA 99-1254 (Jennings, J.), dismissed May 10, 2000. [HTML, WP5.1]

Dison v. State, CA CR 99-1324 (Neal, J.), affirmed May 10, 2000. [HTML, WP5.1]

Dodd v. State, CA CR 99-1161 (Stroud, J.), affirmed May 10, 2000. [HTML, WP5.1]

Hawkins v. State, CA CR 99-483 (Bird, J.), affirmed May 10, 2000. [HTML, WP5.1]

Hess v. Chicago Mill and Lumber Co., CA 99-973 (Roaf, J.), affirmed May 10, 2000. [HTML, WP5.1]

Johnson v. Georgia-Pacific Corp., CA 99-1358 (Crabtree, J.), direct appeal affirmed; cross-appeal affirmed May 10, 2000. [HTML, WP5.1]

Kelly v. State, CA CR 99-949 (Koonce, J.), affirmed May 10, 2000. [HTML, WP5.1]

King v. State, CA CR 99-1222 (Griffen, J.), affirmed May 10, 2000. [HTML, WP5.1]

Kirby v. State, CA CR 98-1442 (Robbins, C.J.), affirmed May 10, 2000. [HTML, WP5.1]

LeClere v. State, CA CR 99-294 (Per Curiam), Substituted Opinion Issued on Grant of Rehearing May 10, 2000. [HTML, WP5.1]

McCadney v. State, CA CR 99-1266 (Pittman, J.), affirmed May 10, 2000. [HTML, WP5.1]

Pettus v. Holcomb, CA 99-1265 (Per Curiam), dismissed May 10, 2000. [HTML, WP5.1]

Pittman v. NW Village Partners, Ltd., CA 99-1190 (Koonce, J.), affirmed May 10, 2000. [HTML, WP5.1]

Potter v. Magee, CA 99-935 (Hart, J.), affirmed May 10, 2000. [HTML, WP5.1]

Rasco v. State, CA CR 99-1235 (Roaf, J.), affirmed May 10, 2000. [HTML, WP5.1]

Rothbaum v. Motor Appliance Corp., CA 99-1255 (Hart, J.), affirmed May 10, 2000. [HTML, WP5.1]

White v. Russellville Steel Co., CA 99-1299 (Meads, J.), affirmed May 10, 2000. [HTML, WP5.1]

Aspedon v. Director of Labor, E 99-318, May 10, 2000.

Cockrell v. Director of Labor, E 99-320, May 10, 2000.

Green, Bruce E. v. Director of Labor, E 99-296, May 10, 2000.

Green, Teresa v. Director of Labor, E 99-306, May 10, 2000.

Harris v. Director of Labor, E 99-307, May 10, 2000.

Hefner v. Director of Labor, E 99-301, May 10, 2000.

Kincade v. Director of Labor, E 99-323, May 10, 2000.

Shrum v. Director of Labor, E 99-292, May 10, 2000.

Steadman v. Director of Labor, E 99-303, May 10, 2000.

Sutton v. Director of Labor, E 99-324, May 10, 2000.

Taylor v. Director of Labor, E 99-309, May 10, 2000.

Yates v. Director of Labor, E 99-302, May 10, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-1442. James L. Kirby v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Stroud and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-1266. Margaret Ann McCadney v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Crabtree and Meads, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-935. David J. Potter v. Margaret Magee, from Miller Circuit. Affirmed. Jennings and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1255. Stephanie Rothbaum v. Motor Appliance Corporation, from Workers' Compensation Commission. Affirmed. Jennings and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-1254. Robert Cole v. Sally Ramona Moten and State of Arkansas Office of Child Support Enforcement, from Cross Chancery. Dismissed. Hart and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1287. Arkansas Trucking Services, Inc. v. William Suggs, from Workers' Compensation Commission. Affirmed. Hart and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-483. William Dale Hawkins v. State of Arkansas, from Washington Circuit. Affirmed. Koonce and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-941. Gerald Johnston and Bebe Dare Johnston v. Glen Curtis and Deanna Curtis, from Lonoke Circuit. Affirmed on Direct Appeal and on Cross-Appeal. Koonce and Griffen, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR99-949. Aubrey L. Kelly, Jr. v. State of Arkansas, from Crittenden Circuit. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1190. Ted R. Pittman and Lawrence J. Masi d/b/a Second Century Investments, a Texas General Partnership v. NW Village Partners, Ltd., a Texas Limited Partnership and Barrow-Heath, Inc., from Washington Circuit. Affirmed. Bird and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1161. Joe Ray Dodd v. State of Arkansas, from Clay Circuit, Western District. Affirmed. Robbins, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1085. DeJuan R. Trammell v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Affirmed. Robbins, C.J., and Neal, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1153. Potlatch Corporation v. Larry Dale Triplett, from Hempstead Chancery. Reversed and Remanded. Robbins, C.J., and Neal, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1324. Marcus Deon Dison and Archie Lavelle Jackson v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-1183. Dennis Andrews v. State of Arkansas, from Cross Circuit. Affirmed. Bird and Koonce, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1222. Milton Thomas King v. State of Arkansas, from Lonoke Circuit. Affirmed. Bird and Koonce, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-944. Elwin Hoover v. Gae Von Hoover, from Sebastian Chancery. Reversed and Remanded. Bird and Koonce, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA99-1358. Charles H. Johnson v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Direct Appeal is Affirmed; Cross-Appeal is Affirmed. Pittman and Meads, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CA99-1299. Jerry White v. Russellville Steel Company, from Workers' Compensation Commission. Affirmed. Pittman and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1235. James Rasco, Jr. v. State of Arkansas, from White Circuit. Affirmed. Hart and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-973. Otto Hess and certain lands in Phillips County, Arkansas v. Chicago Mill and Lumber Company, from Phillips Chancery. Affirmed. Hart and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1206. Ritchie Grocery v. Sherry K. Glass, from Workers' Compensation Commission. Affirmed. Hart and Jennings, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CA99-1265. James Pettus and Brenda Pettus v. Joseph Robert Holcomb et al., from Saline Chancery. Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1330. Carey Barker v. Rogers Group, Inc. et al., from Faulkner Circuit. Dismissed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-294. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division. Order referring appellant's attorney to Committee on Professional Conduct. Roaf, J., concurs. Hart, J., dissents. (6 PAGES PUBLISHED) [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).

E99-292. Linda L. Shrum v. Director et al.

E99-296. Bruce E. Green v. Director et al.

E99-301. Julie Hefner v. Director et al.

E99-302. Bobby Yates v. Director et al.

E99-303. Bart Steadman v. Director et al.

E99-306. Teresa Green v. Director et al.

E99-307. Carolyn Harris v. Director et al.

E99-309. Billy A. Taylor v. Director et al.

E99-318. Lara Aspedon v. Director et al.

E99-320. Lonnie Cockrell v. Director et al.

E99-323. Corella L. Kincade v. Director et al.

E99-324. Harold Sutton v. Director et al.

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

CACR99-294. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division. See substituted opinion this date. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CACR99-551. Daniel W. Johnson v. State of Arkansas, from Saline Circuit. Hart and Stroud, JJ., would grant.

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CACR99-294. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to supplement the record is granted.

CACR99-1222. Milton Thomas King v. State of Arkansas, from Lonoke Circuit. Motion of Caroline L. Winningham for attorney's fees is granted. Allowed $850.00.

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

CACR00-171. David Bryan James v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is denied. Appellant's counsel ordered to file abstract and brief within forty-five days. Crabtree, J., would grant.

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

CA99-794. J.W. Hendrix v. Pat Winter, Trustee, from Searcy Chancery. Appellee's motion to dismiss appeal is granted. See per curiam this date. Hart and Roaf, JJ., dissent. See dissenting opinion this date. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-935. David J. Potter v. Margaret Magee, from Miller Circuit. Appellee's motion to strike reply brief, or in the alternative portions thereof, is moot. Stroud and Crabtree, JJ., not participating.

CA99-941. Gerald Johnston et ux. v. Glen Curtis et ux., from Lonoke Chancery. Appellees' motion for attorney's fees and costs is denied.

CA99-1164. Jo Ann Hoffman v. Carmen Greenup et al., from Benton Circuit. Appellees' motion for additional time to return writ is granted. Crabtree, J., not participating.

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 is passed until case is submitted.

CA00-460. Sue Ann Grotts v. Department of Human Services, from Washington Chancery. Appellant's petition for writ of certiorari to complete the record is denied. Appeal dismissed. See Osburn v. Ark. Dept. of Human Servs. 341 Ark. ___, Sup. Ct. slip op. del. May 4, 2000.

CACR99-863. Brian Hall v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to supplement the appellant's brief and file an abstract of the notice of appeal with appellant's reply brief.

CACR99-1129. Jessie Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Willard Proctor, Jr., for attorney's fees.

CACR00-449. Michael Jay Ramaker v. State of Arkansas, from Benton Circuit. Motion of Tim R. Morris to be substituted as counsel for appellant and to relieve the public defender.

CACR00-501. Richard R. Jennings v. State of Arkansas, from Van Buren Circuit. Appellee's motion to dismiss appeal.

CA99-1366. Philip Aka, Special Administrator v. Erma Washington, M.D. et al., from Jefferson Circuit. Appellant's motion for additional time.

CA99-1481. Gordon Andrew Stellpflug v. Vickie Verleen Stellpflug, from Benton Chancery. Appellant's motion for attorney's fees.

CA00-50. Joseph M. Hart et ux. v. Norman D. McChristian et al., from Washington Chancery. Motion of Sam Sexton III to withdraw as counsel for appellants.

CA00-68. Tina R. Henson v. Wally D. Henson, from Pulaski Chancery, Fourth Division. Appellee's motion to supplement the record and for brief time.

CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellant's motion to file corrected brief.

CA00-489. William Newell Bowen v. Arkansas Department of Human Services, from Madison Chancery. Appellant's motion for writ of certiorari to complete the record.

E00-92. Richard Butt v. Director et al., from Board of Review. Appellant's motion to file belated appeal.

CA99-1021. St. Paul Fire & Marine Insurance Company v. First Bank of Arkansas, from White Circuit. Argued orally.

CA99-1396. Marilyn K. Wallace v. David Hale, from Pulaski Circuit, Second Division. Argued orally.

CACR99-726. Jerry Pryor v. State of Arkansas, from Howard Circuit.

CACR99-788. Sterling White v. State of Arkansas, from Crittenden Circuit.

CACR99-1158. Robert S. Arnold v. State of Arkansas, from Faulkner Circuit.

CACR99-1475. Gaylon Jean Brown v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA99-862. Virginia H. Oliver v. Thomas E. Oliver, from Pulaski Chancery, Sixth Division.

CA99-904. Christopher Bonwich v. Rosemary J. King, from Pulaski Chancery, Third Division.

CA99-976. Mid-State Trust III v. Johnny Avriett et ux., from Chicot Chancery.

CA99-1066. Henry Bell v. Pine Bluff Toyota, from Workers' Compensation Commission.

CA99-1122. Andre Sain v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA99-1194. Robert Dooley v. Bill Gilkey, Yell County Sheriff, from Yell Circuit, Southern District.

CA99-1200. Debbie Snuggs v. Griffin Electric Heating & Air, from Workers' Compensation Commission.

CA99-1238. Jimmie Booth v. Sears Roebuck et al., from Workers' Compensation Commission.

CA99-1273. Ken Jameson v. Gil Landers et al., from Pulaski Circuit, Fifth Division.

CA99-1301. Howard S. Brown et ux. v. Allen L. Warmath et al., from Greene Circuit.

CA99-1308. Olins L. Johnson v. State of Arkansas, from Pulaski Chancery, Seventh Division.

CA99-1339. Alice Frisby v. State of Arkansas, from Ashley Circuit.

CA99-1348. Mike Jones v. Quinn Jones, from Ashley Chancery.

CA99-1383. Helen Vant v. Paymela Jean Long, from Polk Circuit.

CA99-1399. S & S Construction, Inc. et al. v. Jerry Coplin et al., from Workers' Compensation Commission.

CA99-1426. Alvin Stiger v. State Line Tire Service, Inc., from Workers' Compensation Commission.

CA99-1441. Kimberly L. Vann (Dill) v. Richard M. Cook et al., from Lonoke Circuit.