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

Opinions delivered
August 30, 2000


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Bice v. Waterloo Indus., Inc. (Jennings, J.) CA99-1259

Workers' compensation --Rebuttable presumption of drug use effectively rebutted; reversed. [HTML, WP5.1]

Carpenter v. Miller (Koonce, J.) CA00-5

Wills -- Interpretation; language concerning "lapse" not ambiguous; decedent's declaration concerning "surviving beneficiaries" was not ambiguous. [HTML, WP5.1]

Ver Weire v. Arkansas Dep't of Human Servs. (Stroud, J.) CA00-34

Civil procedure -- Ark. R. Civ. P. 11; trial court abused discretion in finding violation; reversed & dismissed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arnold v. State, CA CR 99-1430 (Koonce, J.), affirmed August 30, 2000. [HTML, WP5.1]

Austin v. State, CA CR 00-23 (Crabtree, J.), affirmed August 30, 2000. [HTML, WP5.1]

Caves v. Riverside Furn. Corp., CA 99-1337 (Pittman, J.), affirmed August 30, 2000. [HTML, WP5.1]

Continental Express, Inc. v. Hollis, CA 00-112 (Jennings, J.), affirmed August 30, 2000. [HTML, WP5.1]

Dent v. State, CA CR 99-1446 (Stroud, J.), affirmed August 30, 2000. [HTML, WP5.1]

Getson v. Estate of Getson, CA 99-875 (Robbins, C.J.), affirmed August 30, 2000. [HTML, WP5.1]

Harp v. Harp, CA 99-1438 (Crabtree, J.), affirmed August 30, 2000. [HTML, WP5.1]

Hart v. State, CA CR 99-1244 (Hart, J.), affirmed August 30, 2000. [HTML, WP5.1]

McDaniel v. Alumax Aluminum Corp., CA 99-1410 (Hart, J.), affirmed August 30, 2000. [HTML, WP5.1]

Mendoza v. State, CA CR 99-1315, (Robbins, C.J.), affirmed August 30, 2000. [HTML, WP5.1]

Nicklas v. State, CA CR 99-1321 (Bird, J.), affirmed August 30, 2000. [HTML, WP5.1]

Smith v. Halstead Indus., Inc., CA 99-1476 (Koonce, J.), affirmed August 30, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1315. Leonel Bautista Mendoza v. State of Arkansas, from Crittenden Circuit. Affirmed. Koonce and Stroud, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-875. John C. Getson v. Estate of Clara Inez Getson, from Greene Probate. Affirmed. Koonce and Stroud, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-1337. Jerry Caves v. Riverside Furniture Corporation, from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-1244. Donnell Hart v. State of Arkansas, from Nevada Circuit. Affirmed. Meads and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1410. Ruth McDaniel v. Alumax Aluminum Corporation, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Roaf, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-1259. Mary Bice v. Waterloo Industries, Inc., from Workers' Compensation Commission. Reversed. Hart and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA00-112. Continental Express, Inc. v. Donald Hollis, from Workers' Compensation Commission. Affirmed. Pittman and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1321. David E. Nicklas v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR99-1430. Ronald Arnold v. State of Arkansas, from Crittenden Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1476. Robert B. Smith v. Halstead Industries, Inc. et al., from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Stroud, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-5. C.J. Carpenter v. Oras Miller, from Sharp Probate. Affirmed. Robbins, C.J., Jennings, Meads, and Roaf, JJ., agree. Stroud, J., dissents. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1446. Michael Dent v. State of Arkansas, from Crittenden Circuit. Affirmed. Robbins, C.J., and Koonce, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-34. W. Todd Ver Weire v. Arkansas Department of Human Services, from Washington Chancery, Juvenile Division. Reversed and Dismissed. Koonce and Meads, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-23. Cedric Austin v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1438. Jimmy Ray Harp v. Shelly Harp, from Carroll Chancery. Affirmed. Pittman and Jennings, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

CACR98-187. Toby Patrick Craig v. State of Arkansas, from Nevada Circuit. Appellee's motion to release and retain exhibits and for expedited consideration is granted.

CACR00-323. Carl Allen v. State of Arkansas, from Jefferson Circuit. Appellee's motion for compliance with Rule 4-3(j)(1), and alternative motion to stay briefing schedule is granted. Appellant's counsel to file substituted abstract and brief within thirty days.

CACR00-429. Benjamin Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for extension of time to file points for reversal is denied.

CACR00-447. Cecil Scott Witt v. State of Arkansas, from Newton Circuit. Appellant's motion to allow amended reply brief and for extension of time is granted.

CACR00-477. Darrell Patrick Fouse v. State of Arkansas, from Jackson Circuit. Appellant's motion to supplement the record, to file supplemental abstract and for reply brief time is remanded to the trial court to settle the record within thirty days. Appellant may file a substituted abstract and brief within thirty days after record is settled. Bird, Stroud, Neal, and Roaf, JJ., would grant motion.

CACR00-496. Phetaphay Syakhasone v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file enlarged brief is granted.

CACR00-603. Raymond Lewis v. State of Arkansas, from Crittenden Circuit. Appellant's motion to file belated brief is granted.

CACR00-626. Velma Maxwell v. State of Arkansas, from Izard Circuit. Appellee's motion to supplement the record is granted.

CACR00-645. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to stay appeal and supplement the record is granted. Supplement to be filed within thirty days. Brief to be filed within sixty days.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Appellant's motion to file belated brief is granted. Appellant's brief due October 9, 2000.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Motion of Joseph D. Hughes to be relieved as counsel for appellant is granted. Phillip McGough appointed to represent appellant.

CACR00-775. David Allen Horne v. State of Arkansas, from Greene Circuit. Motion of Jon A. Williams to be relieved as counsel for appellant and for brief time is granted. S. Lance Cox appointed to represent appellant. Appellant's brief due October 9, 2000.

CACR00-848. Ricky Morris v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson to be relieved as counsel for appellant is granted. Caroline Winningham appointed to represent appellant. Appellant's brief due October 9, 2000.

CACR00-868. Michelle Elayne Langley v. State of Arkansas, from White Circuit. Appellant's motion for refund of filing fee is certified to the Supreme Court.

CACR00-880. Patricia Ecton v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Mikke Connealy Marshall to be relieved as counsel for appellant is granted. Billy Webb appointed to represent appellant. Appellant's brief due October 9, 2000.

CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Mikke Connealy Marshall to be relieved as counsel for appellant is granted. David Dunagin appointed to represent appellant. Appellant's brief due October 9, 2000.

CACR00-907. Frank Azzurro v. State of Arkansas, from Washington Circuit. Motion of William B. Putman to withdraw as counsel for appellant is granted.

CA97-1379. Michael D. Carr v. Frank Fletcher Companies, Ltd. et al., from Pulaski Circuit, Third Division. Appellant's motion to establish new briefing schedule is granted. Appellant's brief due October 9, 2000. Crabtree and Meads, JJ., would deny.

CA98-1444. J.A. Wampler et al. v. Carolyn Wampler Richardson et al., from Woodruff Chancery. Motion of Steve Quattlebaum to be substituted as counsel for appellee, Carolyn Wampler Richardson is granted. Pittman, J., not participating.

CA99-1348. Mike Jones v. Quinn Jones, from Ashley Chancery. Appellee's motion for attorney's fees and costs is denied.

CA00-331. Louanne Parker v. John Matthew Parker, from Craighead Chancery, Western District. Appellant's motion to extend time to file abstract and brief is granted.

CA00-421. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Appellee's motion to dismiss appeal is passed until case is submitted.

CA00-538. Blandina Spencer v. Stone Container Corporation, from Workers' Compensation Commission. Appellant's motion to file supplemental abstract and reply brief or, in the alternative, to file a substitute abstract and brief. Motion to file substituted abstract and brief is granted. Substituted abstract and brief due within thirty days.

CA00-669. City of Cave Springs v. City of Rogers, from Benton Circuit. Motion of City of Rockport to file amicus curiae brief in support of appellant is certified to the Supreme Court.

CA00-696. Ron Davenport et al. v. Tyrone Lee, M.D., from Faulkner Circuit. Appellant's motion to extend time and for leave to file expanded argument is granted. Brief filed this date.

CA00-821. John Speed v. Margaret James et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to dismiss appeal is denied.

MOTIONS SUBMITTED

CACR00-587. Leonard Noble v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion for additional brief time.

CACR00-795. David Kelly Chapman v. State of Arkansas, from Cleburne Circuit. Motion of Beverly C. Claunch to withdraw as counsel for appellant.

CACR00-947. Larry Joe Stivers v. State of Arkansas, from Lonoke Circuit. Motion of James W. Wyatt to be substituted as counsel for appellant and to relieve Edgar Thompson as counsel.

CA00-376. Sharonna Hollister v. Arkansas Department of Human Services, from Pulaski Chancery, Eighth Division. Appellee's motion to dismiss appeal, or in the alternative, for extension of brief time.

CA00-605. Eddie Patterson v. Mitchell Machinery Company et al., from Workers' Compensation Commission. Appellees' motion to file belated brief.

CA00-954. Robert Ingold v. St. Edward Mercy Medical Center, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

SUBMISSIONS

CA00-29. Gwendolyn Hill v. Arkansas Department of Human Services, from Boone Chancery. Argued orally.

CACR99-1044. Rosa Lee Holland v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-1131. James Michael Crossno v. State of Arkansas, from Yell Circuit, Northern District.

CACR99-1421. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR99-1434. Albert J.M. "John" Watson, III v. State of Arkansas, from Sharp Circuit.

CACR99-1495. Atomic Hill, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-91. Dewayne Ledbetter v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-154. Coy Lee Anderson v. State of Arkansas, from Ouachita Circuit.

CACR00-155. Austin Stephenson v. City of Fort Smith, from Sebastian Circuit, Fort Smith District.

CACR00-179. Ruby Worley v. State of Arkansas, from Garland Circuit.

CA99-1045. Joseph L. Perry, Jr. v. Lee County, from Lee Circuit.

CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.

CA99-1205. Bobby J. McDonald v. Renee L. Cates, from Benton Chancery.

CA99-1242. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit.

CA99-1312. Maia Moss v. Marty Moss, from Cleburne Chancery.

CA99-1447. Torian Porter v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA99-1449. Mary Etta Songer v. Mildred Robertson Wiggins, from Craighead Chancery, Eastern District.

CA99-1490. Jeff Mitchell et al. v. Arkansas Department of Human Services, from Lawrence Chancery.

CA99-1503. Lanis D. Parish v. Aeroquip et al., from Workers' Compensation Commission.

CA00-24. Superior Industries v. William Thomaston, from Workers' Compensation Commission.

CA00-36. Jeffrey S. Thompson v. Washington Regional Medical Center, from Workers' Compensation Commission.

CA00-109. Freight Sales Furniture Company et al. v. William R. Baldridge, from Workers' Compensation Commission.

CA00-140. Patrick S. Miller v. Transamerica Commerical Finance Corporation, from Garland Circuit.