ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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70 Ark. App.

Opinions delivered
May 24, 2000


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Dooley v. State (Roaf, J.) CA99-1194

Extradition & detainers -- Appellant clearly fugitive from justice; possible defense to out-of-state charges must be addressed in that state. [HTML, WP5.1]

Mid-State Trust III v. Avriett (Stroud, J.) CA99-976

Mortgages -- Foreclosure; no error where trial court found appellees' account was placed in foreclosure based on reimbursement claim; no abuse of discretion in determination that foreclosure would be inequitable. [HTML, WP5.1]

Vann v. Cook (Meads, J.) CA99-1441

Jury -- Refusal to give instruction covering Ark. Code Ann. § 27-37-501 (Repl. 1994) error; reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bell v. Pine Bluff Toyota, CA 99-1066 (Meads, J.), affirmed May 24, 2000. [HTML, WP5.1]

Booth v. Sears Roebuck, CA 99-1238 (Jennings, J.), affirmed May 24, 2000. [HTML, WP5.1]

Denise C. v. Arkansas Dep't of Human Servs., CA 99-743 (Pittman, J.), affirmed May 24, 2000. [HTML, WP5.1]

Frisby v. State, CA 99-1339 (Roaf, J.), affirmed May 24, 2000. [HTML, WP5.1]

Gault v. State, CA CR 99-1169 (Robbins, C.J.), affirmed May 24, 2000. [HTML, WP5.1]

Goolsby v. Washington Reg'l Med. Ctr., CA 99-1278 (Jennings, J.), affirmed May 24, 2000. [HTML, WP5.1]

Hoyer v. State, CA CR 99-781 (Jennings, J.), affirmed May 24, 2000. [HTML, WP5.1]

Jameson v. Landers, CA 99-1273 (Robbins, C.J.), reversed and remanded May 24, 2000. [HTML, WP5.1]

Johnson v. State, CA 99-1308 (Crabtree, J.), affirmed May 24, 2000. [HTML, WP5.1]

Points v. Points, CA 99-1369 (Hart, J.), reversed and remanded May 24, 2000. [HTML, WP5.1]

S & S Constr., Inc. v. Coplin, CA 99-1399 (Robbins, C.J.), affirmed May 24, 2000. [HTML, WP5.1]

Sain v. State, CA 99-1122 (Neal, J.), affirmed May 24, 2000. [HTML, WP5.1]

Snuggs v. Griffin Elec. Heating & Air, CA 99-1200 (Hart, J.), affirmed in part; reversed in part; and remanded May 24, 2000. [HTML, WP5.1]

CASE AFFIRMED WITHOUT OPINION

Jackson v. Director of Labor, E 99-305, May 24, 2000.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1169. Michael Gault v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Bird and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1273. Ken Jameson v. Gil Landers et al., from Pulaski Circuit. Reversed and Remanded. Bird and Meads, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1399. S & S Construction, Inc. v. Jerry Coplin, from Workers' Compensation Commission. Affirmed. Bird and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-743. Denise C. v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Affirmed. Hart and Stroud, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-1200. Debbie Snuggs v. Griffin Electric Heating & Air, from Workers' Compensation Commission. Affirmed in Part; Reversed in Part; and Remanded. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1369. Teddy Earl Points, Jr. v. Diane Marie Points, from Washington Chancery. Reversed and Remanded. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-781. Brett Allen Hoyer v. State of Arkansas, from Greene Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1238. Jimmie Booth v. Sears Roebuck, from Workers' Compensation Commission. Affirmed. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1278. Mary Goolsby v. Washington Regional Medical Center, from Workers' Compensation Commission. Affirmed. Stroud and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-976. Mid-State Trust III v. Johnny Avriett and Ida J. Avriett, from Chicot Chancery. Affirmed. Jennings and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA99-1122. Andre Sain v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Hart, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA99-1308. Olins L. Johnson v. State of Arkansas, from Pulaski Chancery. Affirmed. Koonce and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CA99-1066. Henry Bell v. Pine Bluff Toyota, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1441. Kimberly L. Vann (Dill) v. Richard M. Cook and M.J. Construction Company, Inc., from Lonoke Circuit. Reversed and Remanded. Robbins, C.J., and Bird, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-1194. Robert Dooley v. State of Arkansas, from Yell Circuit. Affirmed. Koonce and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1339. Alice Frisby v. State of Arkansas, from Ashley Circuit. Affirmed. Koonce and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISION

The following case appealed from the Arkansas Board of Review is affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

E99-305. John W. Jackson v. Director et al.

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

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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CACR99-781. Brett Allen Hoyer v. State of Arkansas, from Greene Circuit. Motion of David L. Dunagin for attorney's fees is granted. Allowed $900.00.

CACR99-1019. Audie Goforth v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Donald A. Forrest for attorney's fees is granted. Allowed $950.00.

CACR99-1054. Billy J. Scott v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Tom A. Bennett for attorney's fees is denied. See James Boston et al. v. State, ___ Ark. ___ (op. del. 5-18-00).

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

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

CA99-700. T.B. v. State of Arkansas, from Marion Chancery. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $850.00.

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 is denied. Appellee's brief due June 2, 2000.

CA99-1291. Virgil O. Hooker et al. v. Agribank, FCB, from St. Francis Circuit. Appellants' pro se motion for reconsideration of dismissal of appeal is denied. Roaf, J., would grant. Pittman, J., not participating.

CA99-1512. Martha Stepanian, now Rich v. Douglas C. Stepanian, from Crawford Chancery. Appellant's motion to supplement the record and for brief time is remanded to the trial court to settle the record within thirty days. Appellant's brief due within sixty days.

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 is granted.

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

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR99-861. George Wilcox v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-981. Doyle Whisenhut v. State of Arkansas, from Sevier Circuit.

CACR99-1011. Brian Embry v. State of Arkansas, from Pope Circuit.

CACR99-1345. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-1346. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA99-909. Terry Tidwell McGraw v. Arkansas Delivery Services, Inc., from Workers' Compensation Commission.

CA99-1209. Wal-Mart Stores, Inc. et al. v. Deborah Williams, from Workers' Compensation Commission.

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CACR99-1171. Michael W. Basinger v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR99-1302. Charles McChristian, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to file additional points for reversal.

CACR00-305. Tarsherick Holmes v. State of Arkansas, from Crittenden Circuit. Appellant's motion to file belated brief.

CA99-1209. Wal-Mart Stores, Inc. et al. v. Deborah Williams, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellees' motion for attorney's fees and costs.

CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellant's motion for attorney's fees and costs.

CA00-241. State of Arkansas v. Matthew David Wood, from Arkansas Circuit, Northern District. Appellant's motion to supplement the record.

CA00-241. State of Arkansas v. Matthew David Wood, from Arkansas Circuit, Northern District. Appellant's motion to waive abstracting requirement as to videotape.

CA00-275. John E. Searcy, III v. Emmett Davenport et al., from Van Buren Chancery. Appellant's pro se motion for clarification and explanation.

CA00-393. Stephen Clemmons v. Office of Child Support Enforcement, from Pope Chancery. Appellant's motion to file belated brief and for brief time.

CA00-446. Conagra, Inc. et al. v. Tyson Foods, Inc., from Washington Chancery. Appellants' motion for expedited consideration.

CA00-542. Columbia Health Care, Inc. v. Letha Anderson, from Workers' Compensation Commission. Appellant's motion to supplement the record.

CA00-576. $3,469.00 in United States Currency and Frank Watts v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to proceed in forma pauperis.

SUBMISSIONS

CA99-900. Trimble Navigation, Limited v. Tom Papachristou, Individually and d/b/a Mid-South Aviation, from Crittenden Circuit. Argued orally.

CA99-1335. Forrest Construction, Inc. v. John Milam, from Sebastian Chancery, Greenwood District. Argued orally.

CA99-1502. Michael Pyle v. Brian Sayers, from Union Probate. Argued orally.

CACR99-887. David Allen Dutton v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR99-1110. Anthony Waits v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1338. Larry Drumwright v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CA99-1300. Sandra Hickmon v. Randy Hickmon, from Saline Chancery.

CA99-1392. Second Injury Fund v. Jo Ann Spence et al., from Workers' Compensation Commission.

CA99-1433. Anthony Patterson v. Engineered Specialty Plastics, from Workers' Compensation Commission.

CA99-1436. David Carter v. Glenda Meeks, from Pope Probate.

CA99-1437. Bernardine Dee Chaney et al. v. Brown's Sod Farm, from Perry Circuit.

CA99-1474. Little Rock Sheet Metal et al. v. Douglas Smith, from Workers' Compensation Commission.

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

E98-209. John E. Wells v. Director et al.

E99-222. Ricky Holmes v. Director et al.

E00-4. Lloyd Williams v. Director et al.

E00-5. Loris E. Patrick v. Director et al.

E00-6. Lee Seale v. Director et al.

E00-7. Carl Tisinger v. Director et al.

E00-8. Carolyn Green v. Director et al.

E00-9. Riley L. Clark v. Director et al.

E00-10. Norma Cagle v. Director et al.

E00-11. Vernon M. Trozzi v. Director et al.

E00-13. Steve R. Eldridge v. Director et al.

E00-14. Georgia Giourousis v. Director et al.