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

Opinions delivered
June 7, 2000


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Beal Bank, S.S.B. v. Thornton (Pittman, J.) CA99-435

Property -- Appellees legal owners; appellant had no automatic right of entry; evidence of assignment not introduced; no error in finding appellant failed to prove it owned note & deed of trust. [HTML, WP5.1]

Guest v. San Pedro (Stroud, J.) CA99-1001

Family law -- Child support; letter opinion and order both considered; increased amount clearly in child's best interest; chancery court erred in abating child support entirely for period of summer visitation. [HTML, WP5.1]

Johnson v. State (Bird, J.) CACR99-1220

Criminal law -- Disorderly conduct; testimony supported trial court's finding that appellant violated statute. [HTML, WP5.1]

Jones v. Arkansas Dep't of Human Servs. (Roaf, J.) CA99-1015

Family law -- Terms of Ark. Code Ann. § 9-27-341 (2)(H)(ii) met; termination of appellant's parental rights affirmed. [HTML, WP5.1]

Raymond v. Raymond (Bird, J.) CA99-1232

Civil procedure -- Defective service of process; entry of default judgment; chancery court acquired jurisdiction over person of appellant; refusal to set aside divorce decree not clearly erroneous. [HTML, WP5.1]

Steveson v. Frolic Footwear and Travelers (Koonce, J.) CA99-895

Workers' compensation -- No objective findings to support diagnosis of De Quervian's tenosynovitis; Commission's decision affirmed; Commission erred in finding carpal tunnel syndrome not major cause of appellant's need for treatment; injury was only cause. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bone v. Rheem Mfg. Co., CA 99-1282 (Griffen, J.), appeal dismissed June 7, 2000. [HTML, WP5.1]

Brake v. The Kroger Co., CA 99-1350 (Bird, J.), affirmed June 7, 2000. [HTML, WP5.1]

Chaney v. Brown's Sod Farm, CA 99-1437 (Bird, J.), affirmed June 7, 2000. [HTML, WP5.1]

Drumwright v. State, CA CR 99-1338 (Meads, J.), affirmed June 7, 2000. [HTML, WP5.1]

Dutton v. State, CA CR 99-887 (Neal, J.), affirmed June 7, 2000. [HTML, WP5.1]

Little Rock Sheet Metal v. Smith, CA 99-1474 (Koonce, J.), affirmed June 7, 2000. [HTML, WP5.1]

Patterson v. Engineered Specialty Plastics, CA 99-1433 (Hart, J.), reversed and remanded June 7, 2000. [HTML, WP5.1]

Waits v. State, CA CR 99-1110 (Crabtree, J.), affirmed June 7, 2000. [HTML, WP5.1]

White v. White, CA 99-1094 (Pittman, J.), affirmed June 7, 2000. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Cagle v. Director of Labor, E 00-10, June 7, 2000.

Clark v. Director of Labor, E 00-9, June 7, 2000.

Eldridge v. Director of Labor, E 00-13, June 7, 2000.

Giourousis v. Director of Labor, E 00-14, June 7, 2000.

Green v. Director of Labor, E 00-8, June 7, 2000.

Holmes v. Director of Labor, E 99-222, June 7, 2000.

Patrick v. Director of Labor, E 00-5, June 7, 2000.

Seale v. Director of Labor, E 00-6, June 7, 2000.

Tisinger v. Director of Labor, E 00-7, June 7, 2000.

Trozzi v. Director of Labor, E 00-11, June 7, 2000.

Wells v. Director of Labor, E 98-209, June 7, 2000.

Williams v. Director of Labor, E 00-4, June 7, 2000.


ORIGINAL SYLLABUS

JOHN MAUZY PITTMAN, JUDGE:

CA99-435. Beal Bank, S.S.B. v. Larry Thornton, a/k/a Larry Johnson Thornton, Jr. et al., from Miller Chancery. Affirmed in Part; Reversed in Part. Crabtree and Meads, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1094. Robert B. White v. Edith Suzanne White, from Greene Chancery. Affirmed. Crabtree and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-1433. Anthony Patterson v. Engineered Specialty Plastics, from Workers' Compensation Commission. Reversed and Remanded. Neal, J., agrees. Pittman, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1220. Chon Lonell Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Koonce and Stroud, JJ., agree. Robbins, C.J., concurs. Neal and Griffen, JJ., dissent. (5 PAGES + 2-PAGE CONCURRENCE + 30-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1232. Diane M. Raymond v. Daniel A. Raymond, from Washington Chancery. Affirmed. Robbins, C.J., Stroud, and Neal, JJ., agree. Koonce and Griffen, JJ., dissent. (9 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1350. Herbert Brake v. The Kroger Company, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1437. Bernardine "Dee" and James Chaney v. Brown's Sod Farm, from Perry Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA99-895. Carol Steveson v. Frolic Footwear and Travelers, from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Robbins, C.J., Pittman, and Roaf, JJ., agree. Stroud and Griffen, JJ., dissent. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1474. Little Rock Sheet Metal, Employer, and Union Standard Insurance Company, Carrier v. Douglas Smith, from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-1001. Rebecca B. Guest v. Gerry S. San Pedro, from Pulaski Chancery, Ninth Division. Affirmed as Modified; and Remanded. Jennings and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-887. David Allen Dutton v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman and Hart, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA99-1282. Frances Bone v. Rheem Manufacturing Company, from Workers' Compensation Commission. Appeal Dismissed. Bird and Koonce, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-1110. Anthony Waits v. State of Arkansas, from Pulaski Circuit. Affirmed. Koonce and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1338. Larry Drumwright v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-1015. Harvey Jones v. Arkansas Department of Human Services, from Pulaski Chancery. Affirmed. Koonce and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

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

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.

PER CURIAM ORDERS

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

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

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. Pittman and Crabtree, JJ., would grant.

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

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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 is denied.

CACR99-1005. Rick Dunn v. State of Arkansas, from Ouachita Circuit. Motion of Ben Seay for attorney's fees is granted. Allowed $850.00.

CACR99-1041. Thomas Junior v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees is denied. See James Boston et al. v. State, ___ Ark. ___ (op. del. May 18, 2000).

CACR99-1082. Timothy Washington v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for attorney's fees is denied. See James Boston et al. v. State, ___ Ark. ___ (op. del. May 18, 2000).

CACR00-26. Mara Garcia v. State of Arkansas, from Crawford Circuit. Appellant's motion for brief time is granted. Robbins, C.J., Koonce, Griffen and Meads, JJ., would make this the final extension.

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 is granted.

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

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 is granted.

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 is granted.

CACR00-391. James E. Smith v. State of Arkansas, from Stone Circuit. Appellant's motion to supplement the record and stay brief time is remanded to the trial court to settle the record within thirty days. Brief due in sixty days.

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 is granted.

CA99-935. David J. Potter v. Margaret Magee, from Miller Circuit. Appellee's motion for costs. Costs to be assessed on mandate. Stroud and Crabtree, JJ., not participating.

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 is granted. Record deemed supplemented. Roaf, J., would deny.

CA99-1466. Ottie Hooker v. Producers Tractor Company et al., from St. Francis Chancery. Appellant's pro se motion for final extension of time is granted. Pittman, J., not participating.

CA99-1470. C. L. White v. Amtran Corporation, from Workers' Compensation Commission. Appellant's motion for extension of time is granted as final extension. Jennings, J., not participating.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion to suspend briefing schedule granted pending decision on motion to dismiss appeal. Koonce, J., not participating.

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

CA00-446. Conagra, Inc. et al. v. Tyson Foods, Inc., from Washington Chancery. Appellee's motion to seal designated portions of record and abstract is granted. Koonce, J., not participating.

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 is granted as to filing fee.

SUBMISSIONS

CACR98-1301. Marcus Collier v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR99-1013. Jerry Ward v. State of Arkansas, from Crittenden Circuit.

CACR99-1014. Larry Howard v. State of Arkansas, from Boone Circuit.

CACR99-1075. Cherie Gardner v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1127. Donald Dean McGlaughlin v. State of Arkansas, from Cleburne Circuit.

CACR99-1165. Courtney Zaron Johnson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-1178. Larry Donnell Sanders v. State of Arkansas, from Crittenden Circuit.

CACR99-1195. Brookie S. Burrow v. State of Arkansas, from Montgomery Circuit.

CACR99-1256. Barbara Barnett v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR99-1302. Charles McChristian, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1372. Michael Lee Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1486. Cedric Lamont Reeves v. State of Arkansas, from Pulaski Circuit, Fourth Division.