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

Opinions delivered
June 21, 2000


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Acord v. Acord (Griffen, J.) CA99-1145

Life estates -- Limited interest; improvements made at tenant's own risk; chancellor erred in applying betterment statute to appellee; reversed & remanded where chancellor misapplied law. [HTML, WP5.1]

Alltel Ark., Inc. v. Arkansas Public Serv. Comm'n (Meads, J.) CA98-1362

Public Service Commission -- Appellee's explanation not considered; no supporting evidence in record; no finding on controverted issue; appellate court unable to decide appeal; portions of order reversed & remanded; Commission ordered to render adequate findings. [HTML, WP5.1]

Hickmon v. Hickmon (Roaf, J.) CA99-1300

Parent & child -- Relocation dispute; removal of child from state by custodial parent; appellant failed to prove real advantage to child; trial court's denial of appellant's petition not clearly erroneous. [HTML, WP5.1]

Oliver v. Oliver (Koonce, J.) CA99-862

Divorce -- Decree & property-settlement agreement unambiguous; affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arnold v. State, CA CR 99-1158 (Griffen, J.), affirmed as modified and remanded June 21, 2000. [HTML, WP5.1]

Burrow v. State, CA CR 99-1195 (Bird, J.), rebriefing ordered June 21, 2000. [HTML, WP5.1]

Chambers v. Chambers, CA 99-688 (Griffen, J.), affirmed June 21, 2000. [HTML, WP5.1]

Christopher v. Tyson Foods, Inc., CA 99-1448 (Griffen, J.), affirmed June 21, 2000. [HTML, WP5.1]

DeGood v. DeGood, CA 99-1184 (Griffen, J.), affirmed June 21, 2000. [HTML, WP5.1]

E.C. Barton & Co. v. Upton, CA 99-1322 (Hart, J.), affirmed June 21, 2000. [HTML, WP5.1]

Hallman v. Bailey's Super Store, Inc., CA 99-983 (Neal, J.), affirmed June 21, 2000. [HTML, WP5.1]

Howard v. State, CA CR 99-1014 (Roaf, J.), affirmed June 21, 2000. [HTML, WP5.1]

Hudson v. IPC Int'l Corp., CA 99-907 (Pittman, J.), affirmed June 21, 2000. [HTML, WP5.1]

Johnson v. Ridgeway, CA 99-1213 (Stroud, J.), affirmed June 21, 2000. [HTML, WP5.1]

Keith v. State, CA CR 99-1294 (Roaf, J.), affirmed June 21, 2000. [HTML, WP5.1]

McCormick v. Saline Memorial Hosp., CA 99-1336 (Robbins, C.J.), affirmed June 21, 2000. [HTML, WP5.1]

McWilliams v. Sullivan, CA 99-615 (Griffen, J.), affirmed June 21, 2000. [HTML, WP5.1]

Phillips v. McLoud, CA 99-1175 (Griffen, J.), affirmed June 21, 2000. [HTML, WP5.1]

Ratchford v. Belden Wire & Cable Co., CA 99-1510 (Jennings, J.), dismissed June 21, 2000. [HTML, WP5.1]

Sanders v. State, CA CR 99-1178 (Robbins, C.J.), affirmed June 21, 2000. [HTML, WP5.1]

Second Injury Fund v. Spence, CA 99-1392 (Pittman, J.), affirmed June 21, 2000. [HTML, WP5.1]

Ward v. State, CA CR 99-1013 (Meads, J.), affirmed June 21, 2000. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Baldor Elec. Co. v. Director of Labor, E 00-19, June 21, 2000.

deMontigny v. Director of Labor, E 00-24, June 21, 2000.

Hilliard v. Director of Labor, E 00-18, June 21, 2000.

Kimble v. Director of Labor, E 99-251, June 21, 2000.

Laymon v. Director of Labor, E 00-23, June 21, 2000.

Madison v. Director of Labor, E 00-26, June 21, 2000.

Martin v. Director of Labor, E 00-16, June 21, 2000.

Maxfield v. Director of Labor, E 00-20, June 21, 2000.

Meeks v. Director of Labor, E 00-21, June 21, 2000.

Moore v. Director of Labor, E 99-223, June 21, 2000.

Robinson v. Director of Labor, E 00-22, June 21, 2000.

Soderling v. Director of Labor, E 00-25, June 21, 2000.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1178. Larry D. Sanders v. State of Arkansas, from Crittenden Circuit. Affirmed. Koonce and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1336. Opal McCormick v. Saline Memorial Hospital, from Workers' Compensation Commission. Affirmed. Koonce and Stroud, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-907. Paul Hudson v. IPC International Corporation, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Hart, Bird, Stroud, and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1392. Second Injury Fund v. JoAnn Spence, from Workers' Compensation Commission. Affirmed. Hart and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-1322. E.C. Barton & Company v. Anna S. Upton, from Crittenden Circuit. Affirmed. Meads and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-1510. Judy Ratchford v. Belden Wire & Cable Company, from Workers' Compensation Commission. Dismissed. Pittman and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1195. Brookie S. Burrow v. State of Arkansas, from Montgomery Circuit. Rebriefing Ordered. Neal and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA99-862. Virginia H. Oliver v. Thomas E. Oliver, from Pulaski Chancery. Affirmed. Bird, Crabtree, and Meads, JJ., agree. Robbins, C.J., and Roaf, J., dissent. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-1213. Timothy Michael Scott Johnson v. Anthony Julious Ridgeway and Brandy Lynn Ridgeway, from Pulaski Probate, Third Division. Affirmed. Robbins, C.J., and Koonce, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA99-983. Helen Hallman v. Bailey's Super Store, Inc. and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Affirmed. Stroud and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-1158. Robert Sidney Arnold v. State of Arkansas, from Faulkner Circuit. Affirmed as Modified, and Remanded. Stroud and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-615. Roy O. McWilliams and Velma H. McWilliams v. Billy Bob Sullivan and Peggy Burks, from Pulaski Circuit. Affirmed. Pittman and Meads, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-688. David Chambers v. Debra Chambers (Richardson), from Bradley Chancery. Affirmed. Hart and Stroud, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1145. Don Acord v. Elbridge A.J. Acord and Merle Acord, from Johnson Chancery. Reversed and Remanded. Robbins, C.J., Stroud, and Neal, JJ, agree. Bird and Koonce, JJ., dissent. (10 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1175. Lewis K. Kenneth Phillips and Lorraine Phillips v. Charles McLoud and Sharon McLoud, from Madison Chancery. Affirmed. Jennings and Stroud, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1184. Thomas DeGood v. Karyn Wright DeGood, from Craighead Chancery. Affirmed. Jennings and Stroud, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1448. Iona Christopher v. Tyson Foods, Inc., from Workers' Compensation Commission. Affirmed. Jennings and Stroud, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1013. Jerry Ward v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA98-1362. Alltel Arkansas, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Reversed and Remanded. Pittman, Hart, Jennings, Crabtree, and Roaf, JJ., agree. (18 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1014. Larry Howard v. State of Arkansas, from Boone Circuit. Affirmed. Hart and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1294. Pamela Alice Keith v. State of Arkansas, from Washington Circuit. Affirmed. Hart and Meads, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1300. Sandra Hickmon v. Randy Hickmon, from Saline Chancery. Affirmed. Koonce and Crabtree, JJ., agree. (10 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).

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.

PER CURIAM ORDERS

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

CACR99-1076. Randy Wayne Mangrum v. State of Arkansas, from Greene Circuit.

CACR99-1235. James Rasco, Jr. v. State of Arkansas, from White Circuit.

CA99-941. Gerald Johnston et ux. v. Glen Curtis et ux., from Lonoke Circuit.

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

CA99-1208. Jack Estridge v. Waste Management et al., from Workers' Compensation Commission.

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CACR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District. Motion of C. Richard Lippard for attorney's fees is granted. Allowed $850.00.

CACR99-946. Anthony Ray Flowers v. State of Arkansas, from Hempstead Circuit. Motion of Ben Seay for attorney's fees is granted. Allowed $850.00.

CACR99-978. Quadney Lyvonn Garrett v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of James W. Wyatt for attorney's fees is granted. Allowed $850.00.

CACR99-1018. Josh Vanesch v. State of Arkansas, from Van Buren Circuit. Motion of Charles M. Kester for attorney's fees is granted. Allowed $850.00.

CACR99-1091. Victor Lyons v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William A. McLean for attorney's fees is granted. Allowed $850.00.

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 is denied.

CACR99-1463. Catherine Ashley Bryan v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated reply brief is granted.

CACR00-23. Cedric Austin v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for transcript is denied.

CACR00-59. Gregory Charles Byndom v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for brief time is granted. Robbins, C.J., Koonce, Crabtree, and Meads, JJ., would make this the final extension.

CACR00-119. Malchijah Jake Moses v. State of Arkansas, from Clark Circuit. Motion of Alan LeVar to be relieved as counsel for appellant and to substitute Alvin Schay as counsel and for brief time is granted.

CACR00-473. Terry Edward Gabrion v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to waive abstracting requirement of video tapes and for brief time is granted. Appellant's brief due in thirty days.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion for docket entries of CA99-1164 is denied. Crabtree, J., not participating.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion to extend time for return of writ and motion to supplement the returned record is denied. Crabtree, J., not participating.

CA99-1201. Helen Bowers et al. v. J. Harmon Smith et al., from St. Francis Probate. Motion of appellee, B. Michael Easley, to file a belated supplemental record is granted. Roaf, J., not participating.

CA99-1209. Wal-Mart Stores, Inc. et al. v. Deborah Williams, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Koonce, J., not participating.

CA99-1369. Teddy Earl Points, Jr. v. Diane Marie Points, from Washington Chancery. Appellant's motion for attorney's fees is denied. Costs assessed on mandate.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion to dismiss appeal is denied. Appellee's brief due in twenty-one days. Koonce, J., not participating.

CA00-274. Dale Moore d/b/a Rogers Fence Company v. Sallye Hof, from Benton Circuit. Appellant's motion for brief time is granted as final extension.

CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellant's motion to supplement the abstract is granted. Pittman, J., not participating.

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 is granted. Roaf, J., not participating.

CA00-339. Vickie L. Hurst v. John M. Hurst, from Craighead Chancery, Western District. Appellee's motion for Rule 11 sanctions is denied.

CA00-442. Tammy (Briggs) Berry v. Randy F. Briggs, from Arkansas Chancery, Southern District. Appellant's motion to supplement the record is granted. Roaf, J., not participating.

CA00-464. John Henry Hopper et ux. v. Tom Daniel et al., from Yell Chancery, Southern District. Motion of appellees, Mr. and Mrs. Larry Keys, to file belated brief is granted.

CA00-637. Roy Gene Wesley v. Howmet Aluminum Corporation, from Workers' Compensation Commission. Appellant's pro se motion to proceed in forma pauperis is denied.

The following cases are dismissed for failure to file briefs.

CA99-1517. Larry Robins v. Auto Services Company, Inc., from Baxter Chancery.

CA00-134. Craighead County v. Mitchell Wright et al., from Craighead Circuit, Western District.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA99-1200. Debbie Snuggs v. Griffin Electric Heating & Air, from Workers' Compensation Commission.

CA99-1230. Cheryl Downing v. University of Arkansas and Death & Permanent Total Disability, from Workers' Compensation Commission.

CA99-1273. Ken Jameson v. Gil Landers et al., from Pulaski Circuit, Fifth Division.

CA99-1278. Mary Goolsby v. Washington Regional Medical Center, from Workers' Compensation Commission.

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CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to supplement the abstract.

CACR00-72. Jack Blagg, Jr. v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion for brief time.

CACR00-172. Raylene Jeanette Hall v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

CACR00-172. Raylene Jeanette Hall v. State of Arkansas, from Washington Circuit. Appellant's motion to file belated brief.

CACR00-348. Broderick Collier v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and stay briefing schedule.

CACR00-383. Ronald Jerome Robinson v. State of Arkansas, from Crittenden Circuit. Motion of William C. McArthur to be appointed as counsel for appellant.

CACR00-698. Brian L. Faulkens v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn to be relieved as counsel for appellant and for appointment of substitute counsel.

CA99-1313. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission. Appellant's motion for attorney's fees and costs.

CA99-1331. Kenneth G. Middleton v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion to amend brief.

CA99-1466. Ottie Hooker v. Producers Tractor Company, from St. Francis Chancery. Appellee's motion to dismiss appeal, or alternatively, to strike all references to appellee's summary judgment from appellant's abstract, brief and addendum and motion to stay briefing schedule.

CA00-147. Regions Bank & Trust, N.A. et al. v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit. Appellants' petition for recusal.

CA00-176. Shellie D. Coffman v. Collier Investments, Inc., from Workers' Compensation Commission. Appellant's motion to strike supplemental abstract and related arguments.

E00-123. Rosemary J. Reynolds v. Director et al., from Board of Review. Appellant's motion for belated appeal.

E00-124. Jessie Hines v. Director et al., from Board of Review. Appellant's motion for belated appeal.

SUBMISSIONS

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

E99-241. Ray A. Plummer v. Director et al.

E99-261. Ronald Lerchen v. Director et al.

E99-264. Kendall Fenner v. Director et al.

E99-269. Wanda Hudson v. Director et al.

E99-273. Alan R. Roland v. Director et

E00-28. Timothy Ewell v. Director et al.

E00-29. Beverly A. Frye v. Director et al.

E00-30. Charles V. Jones v. Director et al.

E00-31. Beverly Coleman v. Director et al.

E00-32. Janie Foster v. Director et al.

E00-36. Baldor Electric Company v. Director et al.

E00-47. Jacqueline S. Morton v. Director et al.