Carter v. Meek (Robbins, C.J.) CA99-1436

Wills -- Order admitting will to probate should have been set aside; proof required for attesting witnesses not present; reversed & remanded. [HTML, WP5.1]

Forrest Constr., Inc. v. Milam (Stroud, J.) CA99-1335

Property -- Restrictive covenants; splitting of lot not prohibited; order enjoining splitting of lots & award of attorney's fees reversed; finding that appellant was not real party in interest reversed; original order finding easement by estoppel reinstated. [HTML, WP5.1]

Marcum v. Wengert (Neal, J.) CA99-250

Attorney & client -- Individual appellants prevailed; no abuse of discretion in trial court's denial of attorney's fees; action based primarily in tort; judge without discretion to award fee; lease did not expressly call for payment of attorney fees in cases involving tort of conversion; appellant corporation could not recover fees. [HTML, WP5.1]

Mayo v. State (Jennings, J.) CACR99-268

Criminal law -- Possession of contraband; joint occupancy; conviction reversed where finding of guilt necessarily rested on conjecture. [HTML, WP5.1]

Office of Child Support Enfcm't v. Pittman (Neal, J.) CA99-1297

Parent & child -- Child support; chancellor erred in deducting appellant's commuting expenses and in setting support amount; support chart to be applied only to child who is before court. [HTML, WP5.1]

Shoffey v. Progressive Northwestern Ins. Co. (Jennings, J.) CA99-1283

Insurance -- Notice of cancellation; summary judgment for appellee affirmed where no evidence contradicted proof of mailing. [HTML, WP5.1]

Vant v. Long (Jennings, J.) CA99-1383

Judgment -- Genuine issue of fact remained; order granting summary judgment reversed. [HTML, WP5.1]

Whitfield v. State (Pittman, J.) CACR99-1400

Appeal & error -- Appellant cannot change argument on appeal; argument based on speculation. [HTML, WP5.1]

Arktic Ice Ltd. Partnership v. Ratliff Enters., Inc., CA 99-1202 (Pittman, J.), affirmed on appeal; reversed on cross- appeal June 28, 2000. [HTML, WP5.1]

Edwards v. Masters, CA 99-1186 (Pittman, J.), affirmed June 28, 2000. [HTML, WP5.1]

Gardner v. State, CA CR 99-1075 (Pittman, J.), affirmed June 28, 2000. [HTML, WP5.1]

Johnson v. State, CA CR 99-1165 (Jennings, J.), affirmed June 28, 2000. [HTML, WP5.1]

Jones, Michael Lee v. State, CA CR 99-1372 (Neal, J.), affirmed June 28, 2000. [HTML, WP5.1]

Jones, Mike v. Jones, CA 99-1348 (Jennings, J.), affirmed as modified June 28, 2000. [HTML, WP5.1]

McGlaughlin v. State, CA CR 99-1127 (Hart, J.), affirmed June 28, 2000. [HTML, WP5.1]

Newton v. State, CA CR 99-1293 (Crabtree, J.), affirmed June 28, 2000. [HTML, WP5.1]

Skinner v. Southwest Ark. Dev. Council, CA 99-1168 (Pittman, J.), affirmed June 28, 2000. [HTML, WP5.1]

Strong v. State, CA CR 99-1007 (Griffen, J.), affirmed June 28, 2000. [HTML, WP5.1]

Temple v. State, CA CR 99-1193 (Pittman, J.), affirmed June 28, 2000. [HTML, WP5.1]

Trimble Navigation, Ltd. v. Papachristou, CA 99-900 (Griffen, J.), affirmed June 28, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CA99-1436. David Carter v. Glenda Meek, from Pope Probate. Reversed and Remanded. Bird and Meads, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-1075. Cherie Gardner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Jennings and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1193. Christopher Bryan Temple v. State of Arkansas, from Bradley Circuit. Affirmed. Hart and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1400. Charles Edward Whitfield v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Jennings and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1168. Violet Skinner v. Southwest Arkansas Development Council, from Workers' Compensation Commission. Affirmed. Crabtree and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1186. Sheila Edwards et al. v. Charles Harold Masters, from Perry Probate. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1202. Arktic Ice Limited Partnership et al. v. Ratliff Enterprises, Inc. et al., from Pulaski Chancery, Third Division. Affirmed on Appeal; Reversed on Cross-Appeal. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-1127. Donald Dean McGlaughlin v. State of Arkansas, from Cleburne Circuit. Affirmed. Meads and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-268. Charles E. Mayo v. State of Arkansas, from Pulaski Circuit. Reversed. Pittman, Hart, Crabtree, and Meads, JJ., agree. Roaf, J., concurs. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-1165. Courtney Zaron Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1348. Mike Jones v. Quinn Jones, from Ashley Chancery. Affirmed as Modified. Stroud and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1383. Helen Vant v. Paymela Jean Long, from Polk Circuit. Reversed and Remanded. Pittman, Hart, and Neal, JJ., agree. Stroud and Griffen, JJ., dissent. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery. Reversed and Remanded. Jennings and Griffen, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1372. Michael Lee Jones v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-250. Rick Marcum, President of Phi Kappa Tau Housing Corp. a/k/a PKT Housing et al. v. Matt Wengert, Paul Wengert and Angie Wengert, from Washington Circuit. Affirmed. Hart, Stroud, and Crabtree, JJ., agree. Bird and Meads, JJ., dissent. (8 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1297. Office of Child Support Enforcement v. Shaun Pittman, from Lee Chancery. Reversed and Remanded. Pittman and Hart, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-1007. Richard Leon Strong v. State of Arkansas, from Greene Circuit. Affirmed. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-900. Trimble Navigation, Ltd. v. Tom Papachristou, Individually and d/b/a Mid-South Aviation, from Crittenden Circuit. Affirmed. Jennings and Stroud, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-1293. Jerry A. Newton v. State of Arkansas, from Jefferson Circuit. Affirmed. Jennings, J., agrees. Pittman, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

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

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.

CA99-1317. MDH Builders, Inc. v. Nabholz Construction Corporation, from Pulaski Chancery, Sixth Division.

CA99-1441. Kimberly L. Vann (Dill) v. Richard M. Cook et al., from Lonoke Circuit.

*****************************

CACR99-400. Roosevelt Blueford v. State of Arkansas, from Drew Circuit. Motion of G. B. "Bing" Colvin III for attorney's fees is certified to the Supreme Court. Pittman, Crabtree, and Roaf, JJ., would not certify.

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

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 is certified to the Supreme Court. Pittman, Crabtree, and Roaf, JJ., would not certify.

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

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

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

CACR00-271. Sanford Buchanan v. State of Arkansas, from Lonoke Circuit. Appellant's petition for writ of error coram nobis is denied.

CACR00-284. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Motion of William M. Pearson to be relieved as counsel for appellant is granted. Mr. J. Blake Hendrix appointed to represent appellant. Appellant's brief due within forty days.

CACR00-348. Broderick Collier v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record is granted. Record to be supplemented within thirty days. Appellant's brief due thirty days after record is supplemented.

CACR00-458. Dianna Smith v. State of Arkansas, from Chicot Circuit. Motion of G. B. "Bing" Colvin, III to withdraw as counsel for appellant and to substitute James H. Phillips as counsel is granted.

CACR00-595. Jason Shawn Morgan v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson to be relieved as counsel for appellant is granted. Ms. Deenita Moak appointed to represent appellant. Appellant's brief due within forty days.

CACR00-598. Thomas K. Morgan v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson to be relieved as counsel for appellant is granted. Mr. Gregg A. Knutson appointed to represent appellant. Appellant's brief due within forty days.

CACR00-603. Raymond A. Lewis v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., to be relieved as counsel for appellant and to stay briefing schedule is granted. Mr. Robert L. Herzfeld appointed to represent appellant. Appellant's brief due within forty days.

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 is granted. Mr. Chris Averitt appointed to represent appellant. Appellant's brief due within forty days.

CA99-792. Theo Dickerson, Jr. et al. v. State of Arkansas Child Support Enforcement Unit, from Jefferson Chancery. Appellee's motion to amend mandate and retax costs is granted. Roaf, J., not participating.

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

CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellees' motion for attorney's fees and costs is denied. See opinion this date.

CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellant's motion for attorney's fees and costs is denied. See opinion this date.

CA99-1366. Philip Aka v. Erma Washington, M.D. et al., from Jefferson Circuit. Motion of Arkansas Right to Life, Inc. to file amicus curiae brief is certified to the Supreme Court.

CA99-1366. Philip Aka v. Erma Washington, M.D. et al., from Jefferson Circuit. Motion of Arkansas Trial Lawyers Association to file amicus curiae brief is certified to the Supreme Court.

CA99-1366. Philip Aka v. Erma Washington, M.D. et al., from Jefferson Circuit. Appellant's motion to file enlarged brief is certified to the Supreme Court.

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. Motion passed until case is submitted. Motion to stay is denied. Neal and Crabtree, JJ., would grant motion to dismiss. Pittman, J., not participating.

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

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

CA00-184. Lois H. Vaught v. Jerome Vaught, from Pulaski Probate, First Division. Appellee's motion to dismiss appeal in part and to stay brief time is denied. Appellee's brief due within thirty days.

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

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

PETITIONS FOR REHEARING:

CA99-1015. Harvey Jones v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division.

CA99-1301. Howard S. Brown and Diane M. Brown v. Chris Pitcher et al., from Greene Circuit.

CA99-1313. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission.

*****************************

CACR99-1321. David E. Nicklas v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to substitute brief correcting minor deficiencies.

CACR00-186. Ricky Hites v. State of Arkansas, from Boone Circuit. Appellant's motion and amended motion to supplement the record.

CACR00-420. Marvin Brewer v. State of Arkansas, from White Circuit. Motion of J. Leon Johnson to be relieved as counsel for appellant.

CA99-1104. Hulda Stephenson v. Tyson Foods, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees.