ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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341 Ark.

Opinions delivered
June 1, 2000


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Arkansas Tech Univ. v. Link (Imber, J.) 99-665

Constitutional law -- Suit against university board of trustees barred; failure to plead facts on impairment of property right; sovereign-immunity exception inapplicable. [HTML, WP5.1]

Bisbee v. State (Thornton, J.) CR99-1513

Criminal procedure -- Confession voluntary; denial of motion to suppress affirmed. [HTML, WP5.1]

Flowers v. Norman Oaks Constr. Co. (Brown, J.) 99-1520

Workers' compensation -- Presence of alcohol; substantial evidence supported Commission's finding; appellant failed to rebut presumption; Commission affirmed & court of appeals reversed. [HTML, WP5.1]

Fox v. AAA U-Rent It (Brown, J.) 99-707

Attorney & client -- Payment of fees; attorney's lien unenforceable; no express or implied contract for payment of fees existed. [HTML, WP5.1]

Johnson v. State (Per Curiam) CR00-476

Appeal & error -- Petition for review; granted. [HTML, WP5.1]

Mathis v. State (Per Curiam) CR00-551

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Ouachita Trek and Dev. Co. v. Rowe (Glaze, J.) 99-58

Contracts -- Interpretation of resale & release clause; chancellor's determination not clearly erroneous; church property excluded form purchase & option agreement; no error found; no abuse of discretion in trial court's refusal to award attorney's fees; suit correctly dismissed although reasoning flawed; dismissal affirmed. [HTML, WP5.1]

Reed v. Arkansas State Hwy. Comm'n (Glaze, J.) 99-994

Appeal & error -- Appeal filed prematurely; appeal & cross-appeal dismissed. [HTML, WP5.1]

Welch Foods, Inc. v. Chicago Title Ins. Co. (Smith, J.) 99-447

Subrogation -- Distinction between conventional & equitable not abolished; when equitable defenses unavailing; appellant failed to show contractual obligation or reliance; summary judgment affirmed where circuit court did not abuse discretion in refusing to consider untimely proffer. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Burrell v. State, CR 93-113 (Per Curiam), Pro Se Motion for Rule on Clerk dismissed June 1, 2000. [HTML, WP5.1]

Jones v. State, 00-247 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted June 1, 2000. [HTML, WP5.1]

Landreth v. State, CR 99-1498 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief; denied and appeal dismissed June 1, 2000. [HTML, WP5.1]

Richard v. State, CA CR 98-1044 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied June 1, 2000. [HTML, WP5.1]

Thomas v. State, CR 98-1084 (Per Curiam), Pro Se Motion for Discovery and Pro Se Petition for Writ of Habeas Corpus; denied June 1, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

TOM GLAZE, JUSTICE:

99-58. Ouachita Trek and Development Company v. Lynn C. Rowe and Martha J. Rowe, from Garland Chancery. Affirmed. Imber, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

99-994. Donnie R. Reed and Peggy J. Reed, Husband and Wife v. Arkansas State Highway Commission, from Randolph Circuit. Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-707. Timothy Davis Fox et al. v. AAA U-Rent It et al., from Pulaski Chancery, Fifth Division. Affirmed. Corbin, J., dissents. (13 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-1520. James L. Flowers v. Norman Oaks Construction Company, from Arkansas Workers' Compensation Commission. Affirmed. Court of Appeals Reversed. Thornton, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-665. Arkansas Tech University et al. v. Michael A. Link et al., from Pope Chancery. Reversed and Dismissed. (16 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR99-1513. Donnie Bisbee v. State of Arkansas, from Saline Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-447. Welch Foods, Inc. v. Chicago Title Insurance Company, from Washington Circuit. Affirmed. Corbin and Thornton, JJ., dissent. (8 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Glaze and Brown, JJ., would grant. Corbin, Imber, and Smith, JJ., not participating. (Special justices appointed.)

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REVIEW GRANTED: Petition for review was granted today in the following case.

CR00-476. Daniel W. Johnson v. State of Arkansas, from Saline Circuit. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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99-707. Timothy Davis Fox et al. v. AAA U-Rent It et al., from Pulaski Chancery, Fifth Division. Appellants' motion to allow submission of supplemental addendum inadvertently omitted from reply brief is granted. See opinion this date.

CR00-453. Charles Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for discovery is denied.

CR00-551. Arley David Mathis v. State of Arkansas, from White Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Motion of the Arkansas Trial Lawyers Association to file amicus curiae brief in support of appellee's petition for rehearing is granted. Corbin, Imber, and Smith, JJ., not participating.

99-1332. Arkansas County v. Desha County and Arkansas Electric Cooperative Corporation, from Arkansas Chancery, Southern District. Appellee's motion to strike brief of Arkansas Public Service Commission. To be submitted with case. Smith, J., not participating.

99-1428. Carolyn Robinson v. Jerry Taylor, Mayor of Pine Bluff, from Jefferson Circuit. Appellee's motion to file belated brief is granted.

99-1458. Milberg Weiss Bershad Hynes & Lerach et al. v. The American Tobacco Company et al., from Pulaski Chancery, Sixth Division. Appellee's motion to dismiss appeal of appellant Milberg Weiss Bershad Hynes & Lerach is denied.

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Appellant's motion to file supplemental brief is granted.

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Appellee's motion to file supplemental brief is granted.

00-574. Fred Guy Monaco II v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion to proceed in forma pauperis is denied.

CR93-113. Ronald Burrell v. State of Arkansas, from Jefferson Circuit. Pro se motion for rule on clerk. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1084. Ronald G. Thomas v. State of Arkansas, from Washington Circuit. Pro se motion for discovery and pro se petition for writ of habeas corpus. Motion and petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1498. George Landreth v. State of Arkansas, from Calhoun Circuit. Pro se motion for extension of time to file reply brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-247. William Frank Jones, Jr. v. State of Arkansas, Arkansas Department of Correction, from Lincoln Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CACR98-1044. Bobby Richard v. State of Arkansas, from Desha Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-103. Jimmie L. Wilson v. James A. Neal, from Phillips Circuit. Appellant's motion for extension of time to file petition for rehearing is granted. Glaze and Corbin, JJ., not participating. (Proceedings of May 25, 2000)

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR00-52. Michael Ibsen v. Honorable John B. Plegge, Judge, from Pulaski Circuit, Seventh Division.

99-1443. Judicial Discipline & Disability Commission v. Morris W. Thompson, an Original Action.

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PETITION FOR REVIEW:

00-547. Wilson J. Boudreaux v. GLI Holding Company, from Workers' Compensation Commission.

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CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's petition for stay of mandate.

CR99-959. Danny Lee Hill v. State of Arkansas, from Washington Circuit. Motion of Stephen L. Taylor to withdraw as counsel for appellant.

CR99-959. Danny Lee Hill v. State of Arkansas, from Washington Circuit. Appellant's motion for extension of time and to stay mandate.

CR99-959. Danny Lee Hill v. State of Arkansas, from Washington Circuit. Motion of John VanWinkle for entry of appearance.

CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Appellant's motion to recall mandate.

CR00-138. Richard Allen Terrell v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin to withdraw as counsel for appellant.

CR00-138. Richard Allen Terrell v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr. for appointment of counsel.

CR00-594. Larry Ladwig v. State of Arkansas, from Jefferson Circuit. Motion of Gerald Coleman to be relieved as counsel or to be appointed as counsel and motion for clarification.

99-637. Louise Maxey v. Tyson Foods, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees, costs, and approval of lump sum attorney's fee.

99-1458. Milberg Weiss Bershad Hynes Lerach et al. v. The American Tobacco Company, from Pulaski Chancery, Sixth Division. Appellants' motion to file enlarged reply brief.

00-582. Stephen Sparks v. Honorable Vicki S. Cook, Judge, from Garland Chancery. Petition for writ of mandamus and alternatively for writ of prohibition.

SUBMISSIONS

CR99-285. Belynda Faye Goff v. State of Arkansas, from Carroll Circuit, Eastern District. Argued orally.

99-889. J.E. Smith v. Shana Benson Crumley Smith, from Union Chancery. Argued orally.

99-1359. James Edward Kelly, III v. Michele Newhouse Kelly, from Sebastian Chancery, Fort Smith District.

00-35. Tim Leathers, Commissioner of Revenue, Arkansas Department of Finance & Administration v. Ed Warmack and Jane Warmack, from Miller Chancery.

00-136. Carl Crockett et al. v. Stewart Essex et al., from Arkansas Circuit, Northern District.