Crockett v. Essex (Brown, J.) 00-136

Torts -- Tort of outrage unsupported by facts. [HTML, WP5.1]

Frances v. Gaylord Container Corp. (Arnold, C.J.) 00-130

Workers' compensation -- Denial of benefits; substantial evidence supported Commission's decision; court of appeals reversed; expert opinion evidence lacks definiteness under Ark. Code Ann. § 11-9-102(16)(B) when based upon "could", "may," or "possibly"; doctor's opinion insufficient to constitute "reasonable degree of medical certainty." [HTML, WP5.1]

Frank v. Barker (Thornton, J.) 99-669

Taxation -- Illegal-exaction suit; Amendment 59; appellant school district included all taxpayers in district; order excluding taxpayers residing in particular county from class action not clearly erroneous; reversed an remanded. [HTML, WP5.1]

Gibson Appliance Co. v. Nationwide Ins. Co. (Arnold, C.J.) 99-923

Jury -- Verdict in appellee's favor; not clearly against preponderance of evidence; substantial evidence existed to support jury's verdict; trial court did not err in denying new trial or JNOV. [HTML, WP5.1]

Goff v. State (Imber, J.) CR99-285

Jury -- Request for additional instructions; trial court did not err in directing attention to model instruction; failure to proffer testimony; appellant could not claim exclusion was error; request for evidence; trial court did not abuse discretion or improperly comment on evidence by sending all exhibits to jury. [HTML, WP5.1]

Hapney v. Rheem Mfg. Co. (Corbin, J.) 99-732

Workers' compensation -- Medical association guide used in assessment of anatomical impairments; back injuries treated as injuries to spine; terms back, spine, and neck are commonly used interchangeably; gradual-onset exception for back injuries does encompass injuries to cervical spine; reversed and remanded. [HTML, WP5.1]

Kelly v. Kelly (Smith, J.) 99-1359

Parent & child -- Child support; chancellor not required to use chart amount if another would be appropriate; chancellor's order concerning conditional bonus reversed and dismissed. [HTML, WP5.1]

Smith v. Smith (Thornton, J.) 99-889

Family law -- Family-support chart; age of child not basis for deviation; chancellor's refusal to deviate from presumptively correct support amount affirmed; accumulation of capital not purpose of child support. [HTML, WP5.1]

In Re: Arkansas Continuing Legal Education Board (Per Curiam) [HTML, WP5.1]

Childress v. State, CR 98-1320 (Per Curiam), affirmed June 8, 2000. [HTML, WP5.1]

Coleman v. Norris, CR 99-1204 (Per Curiam), Petition for Rehearing denied June 8, 2000. [HTML, WP5.1]

Grabow v. State, CR 00-384 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied June 8, 2000. [HTML, WP5.1]

Hawthone v. Purifoy, CR 00-360 (Per Curiam), Pro Se Motion and Amended Motion for Reconsideration of Motion for Rule on Clerk to File Mandamus Petition Without Record; motion and amended motion dismissed June 8, 2000. [HTML, WP5.1]

Jarrett v. State, CR 00-258 (Per Curiam), Pro Se Motion to Set Appeal Bond denied June 8, 2000. [HTML, WP5.1]

Lewis v. State, CR 99-657 (Per Curiam), affirmed June 8, 2000. [HTML, WP5.1]

McGhee v. State, CR 99-554 (Per Curiam), Pro Se Motion for Extension of Time to File Substituted Appellant's Brief; granted in part and denied in part (final extension) June 8, 2000. [HTML, WP5.1]

Parker v. State, CR 97-1195 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied June 8, 2000. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

99-923. Gibson Appliance Company v. Nationwide Insurance Company, from Pulaski Circuit, Second Division. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

00-130. Charles Frances v. Gaylord Container Corporation, from Arkansas Workers' Compensation Commission. Affirmed. Arkansas Court of Appeals Reversed. Corbin and Smith, JJ., concur in part and dissent in part. (8 PAGES + 2-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-732. Renate Hapney v. Rheem Manufacturing Company, from Workers' Compensation Commission, on Petition for Review from the Arkansas Court of Appeals. Reversed and Remanded. Arkansas Court of Appeals Reversed. Glaze and Brown, JJ., dissent. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-136. Carl Crockett, Monica Crockett and Michael Crockett v. Stewart Essex and Turpin Funeral Home, Inc., from Arkansas Circuit. Affirmed. Arkansas Court of Appeals Reversed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-285. Belynda Faye Goff v. State of Arkansas, from Carroll Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-669. Henry Frank and James Christopher et al. v. Roger Barker et al., from Saline Circuit. Reversed and Remanded. Special Associate Justice Kelvin Wyrick joins in this opinion. Corbin and Brown, JJ., dissent. Glaze, J., not participating. (8 PAGES + 6-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-889. Jerry E. Smith v. Shana Benson Crumley Smith, from Union Chancery, Second Division. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-1359. James Edward Kelly, III, M.D. v. Michelle Newhause Kelly, from Sebastian Chancery, Fort Smith District. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-1320. Durrell Ray Childress v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-657. Arthur Lewis v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

CR99-1204. Lee Coleman v. Larry Norris, Director, Arkansas Department of Correction, from Pulaski Circuit, Second Division. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

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REVIEW DENIED: Petition for review was denied today in the following case.

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 is granted.

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

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

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

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

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

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

CR00-138. Richard Allen Terrell v. State of Arkansas, from Saline Circuit. Pro se motion for appointment of counsel and for extension of time to file brief is granted.

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 is denied. See Martin v. State, 340 Ark. 719, 13 S.W.3d 576 (2000).

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. Granted $500.00 in attorney's fees and $313.00 in costs. Lump sum attorney's fee denied.

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 is granted.

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

00-641. Arkansas Democrat Gazette et al. v. Honorable Stacey Zimmerman, Judge, from Washington Chancery. Motion for expedited review of petition for writ of mandamus and for temporary relief granted. Petition for temporary relief, or alternatively, for accelerated proceeding. Temporary relief denied. Accelerated proceeding granted. Motion to supplement the trial court record granted. See per curiam issued June 6, 2000. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR97-1195. Eddie Lavell Parker v. State of Arkansas, from Craighead Circuit, Western District. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-554. Monroe McGhee v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file substituted appellant's brief. Motion granted in part and denied in part (final extension). See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-258. Jerry Lewis Jarrett v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to set appeal bond. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-360. Johnnie Ray Hawthone v. Honorable Philip Purifoy, Judge, from Miller Circuit. Pro se motion and amended motion for reconsideration of motion for rule on clerk to file mandamus petition without record. Motion and amended motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-384. Charles D. Grabow v. State of Arkansas, from Crawford Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Mr. Rex M. Terry, Attorney at Law, of Fort Smith is reappointed to the Arkansas Continuing Legal Education Board for a three-year term to expire on December 5, 2002.

The Honorable Don E. Glover, of Dermott and Harold J. Evans, Attorney at Law, of Little Rock are hereby appointed to the Arkansas Continuing Legal Education Board. The term of each appointment is three years, to expire on December 5, 2002.

The court thanks Mr. Terry for accepting reappointment, and Judge Glover and Mr. Evans for accepting appointment to this most important board. We also express our gratitude to Judge Sam Bird, of Little Rock and Ms. Lisa Mathis-Peters, Attorney at Law, of Little Rock, whose terms have expired, for their years of service to the Board.

PETITION FOR REHEARING:

99-637. Louise Maxey v. Tyson Foods, Inc. et al., from Workers' Compensation Commission.

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PETITIONS FOR REVIEW:

CR00-175. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division.

CR00-562. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR00-564. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR00-570. George Steven Wilcox v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR00-572. German R. Marroquin v. State of Arkansas, from Benton Circuit.

00-580. Wal-Mart Stores, Inc. v. Deborah Williams, from Workers' Compensation Commission.

00-593. Ultracuts, Ltd. and Ultracuts Franchises, Inc. v. Wal-Mart Stores, Inc. and Wal-Mart Canada, Inc., from Benton Circuit.

00-599. Charles H. Johnson v. Georgia-Pacific Corporation, from Workers' Compensation Commission. (appellant)

00-599. Charles H. Johnson v. Georgia Pacific Corporation, from Workers' Compensation Commission. (appellee)

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CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Appellee's motion to supplement the record and stay briefing schedule.

CR99-1221. Frank Williams, Jr. v. State of Arkansas, from Lafayette Circuit. Appellee's motion to remand.

CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on the clerk.

CR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal and evidentiary hearing.

00-485. Bobby Roberts, Individually, and on behalf of Arkansans to Protect Police, Libraries, Education & Services v. Sharon Priest, Secretary of State, an Original Action. Motion to intervene of John Hoyle, individually and on behalf of Arkansas Taxpayers Rights Association.

00-618. Arlanda Jacobs v. Honorable Harvey L.Yates, Judge et al., from Phillips Circuit. Petition for writ of prohibition and, in the alternative, petition for writ of certiorari, motion to stay alternatively, a motion to expedite appeal, May 19, 2000 order removing Arlanda Jacobs from ballot.

00-623. Harold Ives Trucking Company v. Pro Transportation, Inc. et al., from Pulaski Circuit, Sixth Division. Motion of appellees, Pro Transportation, Inc. and Jeff Esry, to dismiss appeal.

CR99-1081. Gyronne Buckley v. State of Arkansas, from Clark Circuit. Argued orally.

99-572. Andrew Douglas Golden v. State of Arkansas, from Craighead Chancery, Western District. Argued orally.

CR99-1059. Samuel Gilbert v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR00-303. John Michael Meeks v. State of Arkansas, from Pope Circuit.

00-128. Joe Rudd et al. v. Pulaski County Special School District et al., from Pulaski Circuit, Second Division.