Daniels v. Affiliated Foods S.W. (Neal, J.) CA99-1149

Workers' compensation -- Appellant failed to proved compensable injury; substantial evidence supported Commission's findings. [HTML, WP5.1]

Dye v. State (Meads, J.) CACR99-1023

Evidence -- Trial court did not err in admitting evidence of ammunition & assault rifle where prejudice outweighed by probative value; trial court did not abuse discretion in denying appellant's motions for directed verdict & continuance. [HTML, WP5.1]

First Community Bank of S.E. Ark. v. Paccio (Bird, J.) CA99-1473

Business & commercial law -- Repossession sale; reasonable notification required for commercially reasonable sale; appellant's deficiency judgment denied; trial court's ruling affirmed. [HTML, WP5.1]

Freeman v. Con-Agra Frozen Foods (Robbins, C.J.) CA99-1313

Substituted opinion delivered October 4, 2000, appears in syllabus that date. [HTML, WP5.1]

Anderson v. Save-A-Lot, CA 99-1362 (Koonce, J.), affirmed May 31, 2000. [HTML, WP5.1]

Bly v. State, CA CR 98-595 (Hart, J.), reversed and remanded May 31, 2000. [HTML, WP5.1]

Bonwich v. King, CA 99-904 (Bird, J.), affirmed as modified and remanded May 31, 2000. [HTML, WP5.1]

Brown, Gaylon Jean v. State, CA CR 99-1475 (Pittman, J.), reversed and remanded May 31, 2000. [HTML, WP5.1]

Brown, Howard S. v. Pitcher, CA 99-1301 (Crabtree, J.), affirmed May 31, 2000. [HTML, WP5.1]

Brown, Troy v. State, CA CR 99-1226 (Jennings, J.), affirmed May 31, 2000. [HTML, WP5.1]

Dowell v. Conrad, CA 99-1444 (Crabtree, J.), affirmed May 31, 2000. [HTML, WP5.1]

Downing v. University of Ark., CA 99-1230 (Hart, J.), affirmed May 31, 2000. [HTML, WP5.1]

Howell v. Scroll Techs., CA 99-1132 (Bird, J.), reversed and remanded May 31, 2000. [HTML, WP5.1]

Jacobs v. State, CA CR 99-1166 (Roaf, J.), affirmed May 31, 2000. [HTML, WP5.1]

Lindquist v. Arkansas Oil & Gas Comm'n, CA 99-1306 (Jennings, J.), affirmed May 31, 2000. [HTML, WP5.1]

Pizzimenti v. AAA Storage Ctr., Inc., CA 99-1237 (Neal, J.), affirmed in part; reversed in part and remanded May 31, 2000. [HTML, WP5.1]

Purtle v. Myers, CA 99-1100 (Meads, J.), appeal dismissed May 31, 2000. [HTML, WP5.1]

Robinson v. Robinson, CA 99-1380 (Koonce, J.), affirmed May 31, 2000. [HTML, WP5.1]

Smith v. Hot Springs Village Prop. Owners Ass'n, CA 99-1236 (Stroud, J.), affirmed May 31, 2000. [HTML, WP5.1]

White v. State, CA CR 99-788 (Stroud, J.), affirmed May 31, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CA99-1313. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission. Reversed and Remanded. Bird and Meads, JJ., agree.  Substituted opinion delivered October 4, 2000, appears in syllabus that date. (9 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-1475. Gaylon Jean Brown v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit. Reversed and Remanded. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1230. Cheryl Downing v. University of Arkansas and Death and Permanent Total Disability Trust Fund, from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-1226. Troy Brown v. State of Arkansas, from Drew Circuit. Affirmed. Stroud and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1306. John Lindquist et al. v. Arkansas Oil & Gas Commission and Freedom Energy, Inc., from Sebastian Circuit. Affirmed. Stroud, J., agrees. Griffen, J., concurs. (5 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA99-904. Christopher Bonwich v. Rosemary J. King, from Pulaski Chancery. Affirmed as Modified and Remanded. Robbins, C.J., and Meads, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1132. Molly M. Howell v. Scroll Technologies, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1473. First Community Bank of Southeast Arkansas v. Donald R. Paccio and Betty D. Paccio, from Bradley Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA99-1362. Donna Anderson v. Save-A-Lot and Business Insurance Company, from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1380. Ruth Ann Robinson v. Sam Robinson, Jr., from Pulaski Chancery. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-788. Sterling White v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1236. Richard Dale Smith v. Hot Springs Village Property Owners Association, from Workers' Compensation Commission. Affirmed. Jennings and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA99-1149. Wilburn L. Daniels v. Affiliated Foods Southwest, from Workers' Compensation Commission. Affirmed. Pittman, Jennings, Bird, and Crabtree, JJ., agree. Robbins, C.J., Hart, Stroud, and Griffen, JJ., dissent. (8 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1237. James D. Pizzimenti v. AAA Storage Center, Inc., et al., from Workers' Compensation Commission. Affirmed in Part; Reversed in Part and Remanded. Pittman and Hart, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA99-1301. Howard S. Brown and Diane M. Brown v. Chris Pitcher et al., from Greene Circuit. Affirmed. Koonce and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1444. Danny Dowell and Betty Dowell, Individually and as Special Administratrix of the Estate of Shawn Dowell, Deceased v. Pam Conrad, D.O. et al., from Independence Circuit. Affirmed. Koonce and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1023. Jerry Shelton Dye v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1100. John I. Purtle v. Dorothy Myers, from Pulaski Chancery. Appeal Dismissed. Robbins, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1166. Lester Lee Jacobs v. State of Arkansas, from Pulaski Circuit. Affirmed. Koonce and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

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. Pittman, J., would grant for certification.

CACR99-1346. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Meads, J., would grant. Pittman, J., would grant for certification.

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

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CACR99-523. Charles Dean Kilburn v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison for reconsideration of motion for attorney's fees is denied. See James Boston et al. v. State, ___ Ark. ___ (op. del. May 18, 2000).

CACR99-785. Alvin Chatt v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for reconsideration of motion for attorney's fees is denied. See James Boston et al. v. State, ___ Ark. ___ (op. del. May 18, 2000).

CACR99-1150. Keltric McVay v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for reconsideration of motion for attorney's fees is denied. See James Boston et al. v. State, ___ Ark. ___ (op. del. May 18, 2000).

CACR99-1171. Michael W. Basinger v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

CACR00-305. Tarsherick Holmes v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for reconsideration of motion for attorney's fees is denied. See James Boston et al. v. State, ___ Ark. ___ (op. del. May 18, 2000).

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

CA99-740. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Allowed $500.00.

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

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

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

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 is granted. See Perry v. State, 287 Ark. 384, 699 S.W.2d 739 (1985).

CA00-393. Stephen Clemmons v. Office of Child Support Enforcement, from Pope Chancery. Appellant's motion to file belated brief and for brief time is granted. Appellant's brief due July 10, 2000.

CA00-446. Conagra, Inc. et al. v. Tyson Foods, Inc., from Washington Chancery. Appellants' motion for expedited consideration is granted, but deny reduced brief time. Koonce, J., not participating.

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

PETITIONS FOR REHEARING:

CA99-438. Annalee Patterson v. Arkansas Department of Health et al., from Workers' Compensation Commission.

CA99-803. Virginia Jones et al. v.Vernita Ellison, from Union Probate.

CA99-1108. Morrilton Security Bank v. Ronald G. Kelemen et al., from Conway Chancery.

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CACR98-1301. Marcus Collier v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to file a pro se reply brief.

CACR99-400. Roosevelt Blueford v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees.

CACR99-1005. Rick Dunn v. State of Arkansas, from Ouachita Circuit. Motion of Ben Seay for attorney's fees.

CACR99-1041. Thomas Junior v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees.

CACR99-1082. Timothy Washington v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for attorney's fees.

CACR99-1340. James A. Jackson v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of G.B. "Bing" Colvin III for attorney's fees.

CACR00-26. Mara Garcia v. State of Arkansas, from Crawford Circuit. Appellant's motion for brief time.

CACR00-137. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Motion of Joe Kelly Hardin to withdraw as counsel for appellant and motion of Robert L. Herzfeld, Jr., to be appointed as counsel for appellant.

CACR00-246. Richard Wayne McCormick v. State of Arkansas, from Washington Circuit. Appellant's motion to file belated brief and for brief time.

CACR00-321. Timothy Don Boson v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin to withdraw as counsel for appellant and motion of Robert L. Herzfeld, Jr., to be appointed as counsel.

CACR00-388. Kevin Douglas Casey v. State of Arkansas, from Hot Spring Circuit. Motion of Joe Kelly Hardin to withdraw as counsel for appellant and motion of Robert L. Herzfeld, Jr., to be appointed as counsel for appellant.

CACR00-391. James E. Smith v. State of Arkansas, from Stone Circuit. Appellant's motion to supplement the record and stay brief time.

CACR00-447. Cecil Scott Witt v. State of Arkansas, from Newton Circuit. Motion of John I. Purtle to substitute Richard Parker as attorney for appellant.

CA99-935. David J. Potter v. Margaret Magee, from Miller Circuit. Appellee's motion for costs.

CA99-1250. Kristen Investment Properties, LLC et al. v. Faulkner County Waterworks and Sewer Public Facilities Board et al., from Faulkner Circuit. Appellants' motion to supplement the record.

CA99-1466. Ottie Hooker v. Producers Tractor Company et al., from St. Francis Chancery. Appellant's pro se motion for final extension of time.

CA99-1470. C. L. White v. Amtran Corporation, from Workers' Compensation Commission. Appellant's motion for extension of time.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion to dismiss appeal.

CA00-334. George L. Seay et al. v. Helen S. Quinn et al., from Arkansas Chancery, Northern District. Motion of appellee, Wildlife Farms, Inc., for stay.

CA00-334. George L. Seay et al. v. Helen S. Quinn et al., from Arkansas Chancery, Northern District. Motion of appellee, Wildlife Farms, Inc., to dismiss appeal.

CA00-334. George L. Seay et al. v. Helen S. Quinn et al., from Arkansas Chancery, Northern District. Motion of appellees, Helen S. Quinn and First United Bank as Trustees, to dismiss appeal and for brief time.

CA00-446. Conagra, Inc. et al. v. Tyson Foods, Inc., from Washington Chancery. Appellee's motion to seal designated portions of record and abstract.

CACR99-1294. Pamela Alice Keith v. State of Arkansas, from Washington Circuit. Argued orally.

CACR99-1360. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Argued orally.

CA99-1322. E.C. Barton & Company v. Anna S. Upton, from Crittenden Circuit. Argued orally.

CACR99-1007. Richard Leon Strong v. State of Arkansas, from Greene Circuit.

CACR99-1293. Jerry A. Newton v. State of Arkansas, from Jefferson Circuit.

CACR99-1400. Charles Edward Whitfield v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA99-983. Helen I. Hallman v. Bailey's Super Store, Inc., from Workers' Compensation Commission.

CA99-1213. Timothy Michael Scott Johnson v. Anthony Julious Ridgeway et ux., from Pulaski Probate, Third Division.

CA99-1333. Neil Deininger, P.A. v. Jerry C. Baldwin, from Pulaski Circuit, Third Division.

CA99-1336. Opal McCormick v. Saline Memorial Hospital, from Workers' Compensation Commission.

CA99-1510. Judy Ratchford v. Belden Wire & Cable Company, from Workers' Compensation Commission.

CA00-5. C.J. Carpenter et al. v. Oras Miller, from Sharp Probate.

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

E99-223. Karen Moore v. Director et al.

E99-251. John G. Kimble Sr. v. Director et al.

E00-16. Lavoris Martin v. Director et al.

E00-18. Yvonne Hilliard v. Director et al.

E00-19. Baldor Electric Company v. Director et al.

E00-20. Lisa Maxfield v. Director et al.

E00-21. Tunja Meeks v. Director et al.

E00-22. Larcella Robinson v. Director et al.

E00-23. Ruby J. Laymon v. Director et al.

E00-24. David deMontigny, Sr. v. Director et al.

E00-25. Thomas R. Soderling v. Director et al.

E00-26. Carla L. Madison v. Director et al.