Holaway v. Holaway (Robbins, C.J.) CA99-1099

Divorce -- Division of military retirement pay; chancellor's ruling contrary to Arkansas law; reversed & remanded with instructions. [HTML, WP5.1]

Maxwell v. Office of Child Support Enfcm't Unit (Bird, J.) CA98-1090

Parent & child -- When child-support rights deemed assigned; Ark. Code Ann. § 9-14-210(d)(1)-(3)(Supp. 1995) inapplicable; child-support agreement not detrimental to child's welfare; agreement not void; State lacked standing to object to agreement; reversed & remanded. [HTML, WP5.1]

MDH Bldrs., Inc. v. Nabholz Constr. Corp. (Meads, J.) CA99-1317

Contracts -- Acceptance; no error finding appellee accepted appellant's bid; general contractor's completion of subcontractor's abandoned project; difference between appellant's bid & cost of obtaining substitute performance correct measure of damages. [HTML, WP5.1]

Morrilton Sec. Bank v. Kelemen (Jennings, J.) CA99-1108

Guaranty -- Certificate of deposit pledged to secure original loan plus all extensions, renewals, modifications, & substitutions; trial court erred in granting summary judgment in favor of intervenor. [HTML, WP5.1]

Stephenson v. Tyson Foods, Inc. (Bird, J.) CA99-1104

Workers' compensation -- Mere existence of company procedure insufficient proof of its being carried out; no proof appellant given change-of-physician form after her injury; Commission's conclusion not supported by substantial evidence; reversed & remanded. [HTML, WP5.1]

Vanesch v. State (Koonce, J.) CACR99-1018

Criminal law -- Trial court erred in admitting appellant's juvenile adjudication for habitual-offender sentence enhancement; no reversal absent showing of prejudice. [HTML, WP5.1]

Anderson v. State, CA CR 99-668 (Pittman, J.), affirmed May 17, 2000. [HTML, WP5.1]

Basinger v. State, CA CR 99-1171 (Roaf, J.), affirmed May 17, 2000. [HTML, WP5.1]

Cuddy v. State, CA CR 99-1384 (Pittman, J.), affirmed May 17, 2000. [HTML, WP5.1]

Demers v. First Nationwide Mtg. Corp., CA 99-945 (Crabtree, J.), affirmed May 17, 2000. [HTML, WP5.1]

Estridge v. Waste Mngmt., CA 99-1208 (Robbins, C.J.), affirmed May 17, 2000. [HTML, WP5.1]

Fielding v. Firestone Bldg. Prods., CA 99-1385 (Neal, J.), affirmed May 17, 2000. [HTML, WP5.1]

Franklin v. State, CA CR 99-962 (Bird, J.), affirmed May 17, 2000. [HTML, WP5.1]

Hill v. State, CA CR 99-1040 (Stroud, J.), affirmed May 17, 2000. [HTML, WP5.1]

Junior v. State, CA CR 99-1041 (Neal, J.), affirmed May 17, 2000. [HTML, WP5.1]

Knott v. Tooraen, CA 99-1170 (Roaf, J.), affirmed May 17, 2000. [HTML, WP5.1]

Lyons v. State, CA CR 99-1091 (Crabtree, J.), affirmed May 17, 2000. [HTML, WP5.1]

Mitchell v. Headley, CA 99-1320 (Crabtree, J.), appeal dismissed May 17, 2000. [HTML, WP5.1]

Poston v. State, CA CR 99-1093 (Meads, J.), affirmed May 17, 2000. [HTML, WP5.1]

Scott v. State, CA CR 99-1054 (Griffen, J.), affirmed May 17, 2000. [HTML, WP5.1]

Wright v. Industrial Maintenance & Piping, CA 99-1427 (Hart, J.), affirmed May 17, 2000. [HTML, WP5.1]

Bassett v. Director of Labor, E 99-328, May 17, 2000.

Donahue v. Director of Labor, E 99-253, May 17, 2000.

Donald v. Director of Labor, E 99-329, May 17, 2000.

Griffith v. Director of Labor, E 99-295, May 17, 2000.

Johnson v. Director of Labor, E 99-330, May 17, 2000.

Lape v. Director of Labor, E 99-331, May 17, 2000.

Manson v. Director of Labor, E 00-002, May 17, 2000.

Martin v. Director of Labor, E 00-003, May 17, 2000.

McPherson v. Director of Labor, E 99-326, May 17, 2000.

Morse v. Director of Labor, E 00-001, May 17, 2000.

P.D.Q., Inc. v. Director of Labor, E 99-226, May 17, 2000.

Robbins v. Director of Labor, E 99-236, May 17, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CA99-1099. George Holaway v. Margaret Holaway, from Pulaski Chancery, Sixth Division. Reversed and Remanded. Stroud and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1208. Jack Estridge v. Waste Management, from Workers' Compensation Commission. Affirmed. Bird and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-668. William Martin Anderson, Sr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Hart and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1384. Rose Mary Cuddy v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-1427. Jessie Wright v. Industrial Maintenance & Piping, from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-1108. Morrilton Security Bank v. Ronald G. Kelemen et al., from Conway Chancery. Reversed and Remanded. Hart and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-962. Kevin Franklin v. State of Arkansas, from Phillips Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA98-1090. Vincent Maxwell v. Office of Child Support Enforcement Unit, from Jefferson Chancery. Reversed and Remanded. Hart, Koonce, Neal, and Crabtree, JJ., agree. Robbins, C.J., Jennings, Meads, and Roaf, JJ., dissent. (11 PAGES + 2-PAGE DISSENT + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1104. Hulda Stephenson v. Tyson Foods, Inc., from Workers' Compensation Commission. Reversed. Hart, Crabtree, and Meads, JJ., agree. Robbins, C.J., and Roaf, J., concur in part; dissent in part. (9 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR99-1018. Josh Vanesch v. State of Arkansas, from Van Buren Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1040. John E. Hill v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Jennings and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1041. Thomas Junior v. State of Arkansas, from Hot Spring Circuit. Affirmed. Pittman and Hart, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1385. Jerry Fielding v. Firestone Building Products, from Workers' Compensation Commission. Affirmed. Pittman and Hart, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-1054. Billy Joe Scott v. State of Arkansas, from Mississippi Circuit., Osceola District. Affirmed. Jennings and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-1091. Victor Ray Lyons v. State of Arkansas, from Pulaski Circuit. Affirmed. Koonce and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-945. Tona M. Summers Demers v. First Nationwide Mortgage Corporation, from Pulaski Chancery. Affirmed. Pittman and Meads, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1320. Danny Mitchell v. Martha Headley and Shelly Tanner, from Randolph Chancery. Appeal Dismissed. Koonce and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1093. Trevor Poston v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1317. MDH Builders, Inc. v. Nabholz Construction Corp., from Pulaski Chancery. Affirmed. Robbins, C.J., and Bird, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1171. Michael W. Basinger v. State of Arkansas, from Garland Circuit. Affirmed. Koonce and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1170. Sue M. and William B. Knott v. Alan Tooraen, from Montgomery Chancery. Affirmed. Koonce and Crabtree, JJ., agree. (7 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).

E99-226. 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.

E00-001. Robin Morse v. Director et al.

E00-002. Marsha B. Manson v. Director et al.

E00-003. Shirley Martin v. Director et al.

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 is granted.

CACR99-1129. Jessie Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Willard Proctor, Jr., for attorney's fees is granted. Allowed $850.00.

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 is remanded to the trial court for findings of fact to be filed within forty-five days. See Brewer v. State, 64 Ark. App. 372, 984 S.W.2d 65 (1998).

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

CA99-1366. Philip Aka, Special Administrator v. Erma Washington, M.D. et al., from Jefferson Circuit. Appellant's motion for additional time is granted. Brief due June 1, 2000. Roaf, J., not participating.

CA99-1481. Gordon Andrew Stellpflug v. Vickie Verleen Stellpflug, from Benton Chancery. Appellant's motion for attorney's fees is denied. Crabtree, J., not participating.

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 is granted.

CA00-68. Tina R. Henson v. Wally D. Henson, from Pulaski Chancery, Fourth Division. Appellee's motion to supplement the record is denied; but grant thirty days brief time.

CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellant's motion to file corrected brief is granted. Pittman, J., not participating.

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 is denied. Appeal dismissed.

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

PETITIONS FOR REHEARING:

CACR99-1076. Randy Wayne Mangrum v. State of Arkansas, from Greene Circuit.

CA99-1047. J-M Manufacturing Company, Inc. v. First National Bank of Dewitt, from Arkansas Chancery, Southern District.

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

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CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Motion of Christopher W. Morledge for attorney's fees.

CACR99-1019. Audie Goforth v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Donald A. Forrest for attorney's fees.

CACR99-1506. Lauren Eason v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to supplement the record.

CACR00-235. Alonzo Walker v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CA99-700. T.B. v. State of Arkansas, from Marion Chancery. Motion of Daniel D. Becker for attorney's fees.

CA99-740. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of the attorney ad litem to dismiss appeal on behalf of the minor children.

CA99-1291. Virgil O. Hooker et al. v. Agribank, FCB, from St. Francis Circuit. Appellants' pro se motion for reconsideration of dismissal of appeal.

CA99-1512. Martha Stepanian, now Rich v. Douglas C. Stepanian, from Crawford Chancery. Appellant's motion to supplement the record and for brief time.

CA00-240. Jo Ann Marie Fuller v. Marcus S. Angelo, from Newton Chancery. Appellee's motion to dismiss appeal.

CA00-339. Vickie L. Hurst v. John M. Hurst, from Craighead Chancery, Western District. Appellee's motion to dismiss appeal and to stay briefing schedule.

CA00-346. Judy Ford et al. v. James R. Dye et al., from Ashley Chancery. Motion of Kenneth A. Harper to withdraw as counsel for appellees.

CA00-394. Northwest Arkansas Recovery, Inc. et al. v. Tom Lockhart et al., from Washington Circuit. Appellants' motion to supplement the record.

CA00-480. Shirley Allred et al. v. Bill McLoud et al., from Madison Circuit. Motion of the Association of Arkansas Counties to file an amicus curiae brief.

CA99-1380. Ruth Ann Robinson v. Sam Robinson, Jr., from Pulaski Chancery, Fourth Division. Argued orally.

CA99-1444. Danny Dowell et al. v. Pam Conrad, D.O. et al., from Independence Circuit. Argued orally.

CACR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit.

CACR99-1023. Jerry Shelton Dye v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-1166. Lester Lee Jacobs v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1193. Christopher Bryan Temple v. State of Arkansas, from Bradley Circuit.

CACR99-1226. Troy Brown v. State of Arkansas, from Drew Circuit.

CACR99-1248. Michael Ray Potter v. State of Arkansas, from Washington Circuit.

CA99-1001. Rebecca B. Guest v. Gerry S. San Pedro, from Pulaski Chancery, Ninth Division.

CA99-1015. Harvey Jones v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division.

CA99-1100. John I. Purtle v. Dorothy Myers, from Pulaski Chancery, Sixth Division.

CA99-1184. Thomas DeGood v. Karyn Wright DeGood, from Craighead Chancery, Western District.

CA99-1186. Sheila Edwards v. Charles Harold Masters, from Perry Probate.

CA99-1230. Cheryl Downing v. University of Arkansas et al., from Workers' Compensation Commission.

CA99-1236. Richard Dale Smith v. Hot Springs Village Property Owners Association et al., from Workers' Compensation Commission.

CA99-1237. James D. Pizzimenti v. AAA Storage Center, Inc. et al., from Workers' Compensation Commission.

CA99-1297. Office of Child Support Enforcement et al. v. Shawn Pittman, from Lee Chancery.

CA99-1306. John L. Lindquist et al. v. Arkansas Oil and Gas Commission, from Sebastian Circuit, Fort Smith District.

CA99-1313. Mary (Noelker) Freeman v. Con-Agra Frozen Foods et al., from Workers' Compensation Commission.

CA99-1350. Herbert Brake v. The Kroger Company, Inc., from Workers' Compensation Commission.

CA99-1362. Donna Anderson v. Save-A-Lot, from Workers' Compensation Commission.

CA99-1448. Iona Christopher v. Tyson Foods, Inc., from Workers' Compensation Commission.

CA99-1473. First Community Bank of Southeast Arkansas v. Donald R. Paccio et ux., from Bradley Circuit.