Opinions delivered
September 27, 2000
Bobby Cox Bail Bonds, Inc. v. State (Roaf, J.) CACR00-54
Bonds -- Bond remained in force; defendant covered by express terms;no conflict between statute & criminal rule; language of bond form echoed language contained in Ark. R. Crim. P. 9.2(e). [HTML, WP5.1]
Clark v. Randolph County (Koonce, J.) CA00-44
Transportation -- Registration & licensing; road grader falls within statutory definition of "special mobile equipment"; grader not subject to registration law & county not required to insure; summary judgment affirmed. [HTML, WP5.1]
Eddins v. Style Optics, Inc. (Hart, J.) CA99-1355
Descent & distribution -- Administrative claim; debt arose in performance of personal representative's duties; Ark. Code Ann. § 28-48-108(1987) does not limit allowable administrative claims; claims properly allowed; no error in finding estate was unable to receive setoff for appellees' administrative claims. [HTML, WP5.1]
Blasingame v. State, CA CR 99-1509 (Stroud, J.), affirmed September 27, 2000. [HTML, WP5.1]
Box v. State, CA CR 99-1439 (Robbins, C.J.), affirmed September 27, 2000. [HTML, WP5.1]
Bragg v. Morgan, CA 99-1135 (Robbins, C.J.), affirmed September 27, 2000. [HTML, WP5.1]
Cates v. Director, E 00-62 (Roaf, J.), affirmed in part; remanded in part September 27, 2000. [HTML, WP5.1]
Eason v. State, CA CR 99-1506 (Koonce, J.), affirmed September 27, 2000. [HTML, WP5.1]
Henson v. Henson, CA 00-68 (Crabtree, J.), affirmed September 27, 2000. [HTML, WP5.1]
Holt v. State, CA CR 00-55 (Stroud, J.), affirmed September 27, 2000. [HTML, WP5.1]
James v. State, CA CR 00-204 (Hart, J.), affirmed in part; reversed and dismissed in part September 27, 2000. [HTML, WP5.1]
Jamison v. State, CA CR 00-83 (Koonce, J.), affirmed September 27, 2000. [HTML, WP5.1]
Murray v. Hall, CA 99-1411 (Stroud, J.), affirmed September 27, 2000. [HTML, WP5.1]
Nixon v. Penntex Constr. Co., CA 99-1351 (Bird, J.), affirmed September 27, 2000. [HTML, WP5.1]
Norman v. Penske, CA 00-161 (Meads, J.), affirmed September 27, 2000. [HTML, WP5.1]
O'Kelley v. State, CA CR 00-11 (Neal, J.), affirmed September 27, 2000. [HTML, WP5.1]
Reed v. Arkansas Methodist Hosp., CA 00-167 (Neal, J.), affirmed September 27, 2000. [HTML, WP5.1]
Stephens v. State, CA CR 00-115 (Crabtree, J.), affirmed September 27, 2000. [HTML, WP5.1]
Bishop v. Director of Labor, E 00-54, September 27, 2000.
Carle v. Director of Labor, E 00-56, September 27, 2000.
Daulton v. Director of Labor, E 00-55, September 27, 2000.
Ellison v. Director of Labor, E 00-52, September 27, 2000.
Kidd v. Director of Labor, E 00-51, September 27, 2000.
Mid Arkansas Tom's Inc. v. Director of Labor, E 00-61, September 27, 2000.
Parker v. Director of Labor, E 00-58, September 27, 2000.
Simmons v. Director of Labor, E 00-59, September 27, 2000.
Tanner v. Director of Labor, E 00-53, September 27, 2000.
Walker, Shirley v. Director of Labor, E 00-57, September 27, 2000.
Walker, Shirley v. Director of Labor, E 00-60, September 27, 2000.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR99-1439. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit. Affirmed. Crabtree and Meads, JJ., agree. (3 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CA99-1135. Rodney Bragg v. Henry Morgan, Prosecuting Attorney et al., from Clark Circuit. Affirmed. Crabtree and Meads, JJ., agree. (5 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR00-204. Jimmy Ray James v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Reversed and Dismissed in Part. Jennings and Griffen, JJ., agree. (5 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CA99-1355. Betty B. Eddins, Personal Representative of the Estate of James M. Berry, Deceased v. Style Optics, Inc. and Sidney Dobbins, from Pulaski Probate. Affirmed. Jennings and Griffen, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA99-1351. Claude R. Nixon v. Penntex Construction Company, Inc., from Workers' Compensation Commission. Affirmed. Koonce and Roaf, JJ., agree. (5 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
K. MAX KOONCE, II, JUDGE:
CACR99-1506. Lauren Eason v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES + 1-PAGE CONCURRENCE, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CACR00-83. Charlie Mack Jamison v. State of Arkansas, from Mississippi Circuit. Affirmed. Bird, J., agrees. Roaf, J., concurs. (7 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CA00-44. Kathy Lynn Clark v. Randolph County et al., from Randolph Circuit. Affirmed. Bird, J., agrees. Roaf, J., concurs. (6 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
JOHN F. STROUD, JR., JUDGE:
CACR99-1509. William Glen Blasingame v. State of Arkansas, from Polk Circuit. Affirmed. Pittman and Neal, JJ., agree. (3 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CACR00-55. Robert Bryan Holt v. State of Arkansas, from Greene Circuit. Affirmed. Pittman and Neal, JJ., agree. (10 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CA99-1411. Jack Murray and Phyllis Murray v. Betty Hall et al., as the Board of Directors of Valley View School District, from Craighead Chancery. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR00-11. Scarlet Rhea O'Kelley v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Stroud, JJ., agree. (8 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CA00-167. Mary L. Reed v. Arkansas Methodist Hospital, from Workers' Compensation Commission. Affirmed. Pittman and Stroud, JJ., agree. (10 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR00-115. Tina Stephens v. State of Arkansas, from Lonoke Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (2 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
CA00-68. Tina Henson v. Wally D. Henson, from Pulaski Chancery. Affirmed. Robbins, C.J., and Meads, J., agree. (3 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CA00-161. Larry Norman v. Penske and Old Republic Insurance, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR00-54. Bobby Cox Bail Bonds, Inc. v. State of Arkansas, from Conway Circuit. Affirmed. Bird and Koonce, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
E00-62. Billy J. Cates v. Director, Employment Security Department, from Board of Review. Affirmed in Part; Remanded in Part. Bird and Koonce, JJ., agree. (2 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
E00-51. Glinda Lou Kidd v. Director et al.
E00-52. Billy J. Ellison v. Director et al.
E00-53. Samuel Tanner v. Director et al.
E00-54. Melena D. Bishop v. Director et al.
E00-55. Chad Daulton v. Director et al.
E00-56. William E. Carle v. Director et al.
E00-57. Shirley Walker v. Director et al.
E00-58. Patricia R. Parker v. Director et al.
E00-59. Bobby R. Simmons v. Director et al.
E00-60. Shirley Walker v. Director et al.
E00-61. Mid Arkansas Tom's Inc. v. Director et al.
PER CURIAM ORDERS
CACR99-1292. James Rorie v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams for attorney's fees is granted. Allowed $850.00.
CACR99-1415. Andra Brewer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Dale E. Adams for attorney's fees is granted. Allowed $850.00.
CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to file belated brief is denied. Bird, Griffen, and Roaf, JJ., would grant.
CACR00-519. Jules Leroy Williams v. State of Arkansas, from Independence Circuit. Appellee's motion for compliance with Rule 4-3(j)(1), and alternative, motion to stay briefing schedule is granted. Appellant's amended brief due within thirty days.
CACR00-537. James Ronnie Bowen & James Richard Cagle v. State of Arkansas, from Ouachita Circuit. Appellants' motion for extension of time to file stipulation is denied. Hart, Neal, and Griffen, JJ., would remand to the trial court to settle the record.
CACR00-629. John Michael Meeks v. State of Arkansas, from Pope Circuit. Appellant's motion to amend brief and for brief time. Leave granted for appellant to file substituted appellant's brief within thirty days.
CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time is granted. Transcript to be filed within thirty days. Appellant's brief due thirty days thereafter.
CACR00-1047. Jim Dawson v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion to proceed in forma pauperis is denied.
CA00-421. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Appellee's motion to supplement the record is passed until motion to dismiss and case is submitted.
CA00-469. Robert Jordan, Jr. v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Appellant's motion for brief time is granted. Koonce, Stroud, Griffen, and Meads, JJ., would make this the final extension.
CA00-637. Roy Gene Wesley v. Howmet Aluminum Corporation et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal is granted.
CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery. Appellee's motion to dismiss appeal is passed until case is submitted.
CA00-985. Carey Barker v. Roger's Group, Inc. et al., from Faulkner Circuit. Motion of appellee, Rogers Group, Inc., to dismiss appeal is denied. Neal, J., not participating.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA99-1337. Jerry Caves v. Riverside Furniture Corporation, from Workers' Compensation Commission.
CA00-5. C.J. Carpenter v. Oras Miller, from Sharp Probate.
CA00-10. Danny Mitchell v. Kenneth House and Rhonda House, from Randolph Chancery.
CA00-112. Continental Express, Inc. v. Donald Hollis, from Workers' Compensation Commission.
*****************************
CACR98-1097. Michael Dilworth v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's petition to proceed in the trial court with a writ of error coram nobis.
CACR00-498. Walatha Love v. State of Arkansas, from Crittenden Circuit. Appellant's motion to file belated brief.
CA00-10. Danny Mitchell v. Kenneth House and Rhonda House, from Randolph Chancery. Motion of John C. Throesch to withdraw as counsel for appellant.
CA00-10. Danny Mitchell v. Kenneth House and Rhonda House, from Randolph Chancery. Motion of appellant to proceed pro se.
CA00-654. Terry Hayes v. Advanced Towing Services, Inc., from Washington Circuit. Appellee's motion to file belated brief.
CA00-821. John Speed v. Margaret James et al., from Sebastian Circuit, Fort Smith District. Motion of Oscar Stilley for intervention and for brief time.
CA00-876. The Entertainment and Leisure Corporation v. Razorback Entertainment Corporation, from Garland Chancery. Appellant's motion to file enlarged brief and for brief time.
E00-240. Herbert D. Wallace v. Director et al., from Board of Review. Appellant's motion to file belated appeal.
SUBMISSIONS
CACR99-1096. Tom Donovan v. State of Arkansas, from Pulaski Circuit, First Division. Argued orally.
CA99-1250. Kristen Investment Properties, LLC v. Faulkner County Waterworks and Sewer Public Facilities Board et al., from Faulkner Circuit. Argued orally.
CA00-65. Suzanne H. Crismon v. John S. Crismon, from Pulaski Chancery, Fifth Division. Argued orally.
CACR99-340. Donald R Frazier v. State of Arkansas, from Jefferson Circuit.
CACR99-1390. Baron Calvin Sims v. State of Arkansas, from Crittenden Circuit.
CACR99-1457. Mishon Laron Wright v. State of Arkansas, from Pulaski Circuit, First Division.
CACR00-48. Timothy Lynn Stribling v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR00-90. Tina Jo Rye v. State of Arkansas, from Benton Circuit.
CACR00-187. Donald Hunter v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR00-313. Juan Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR00-344. Brian Wingfield v. State of Arkansas, from Arkansas Circuit, Southern District.
CACR00-371. Randle Keith Reed v. State of Arkansas, from Bradley Circuit.
CA99-1374. Kristie's Katering, Inc. v. Nasser Ameri, from Pulaski Circuit, Third Division.
CA99-1478. Susan Rouner v. Sparks Regional Medical Center, from Workers' Compensation Commission.
CA00-50. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery.
CA00-57. James Dray v. City of Bentonville, from Benton Circuit.
CA00-146. Pamela Ann Wilson v. Kimberly Spencer, from Washington Probate.
CA00-150. Jesse Collins v. Nelia Cunningham et al., from Lee Circuit.
CA00-151. Amanda Goodrich v. State of Arkansas, from Marion Chancery.
CA00-254. Midway Auto Sales, Inc. v. Mike Clarkson, from Washington Circuit.
CA00-266. Linda Pippenger v. Arkansas Dept. of Human Services, from White Chancery.
CA00-287. Markevius Livingston v. State of Arkansas, from Jefferson Chancery.
CA00-307. Larry D. French v. Rheem Manufacturing Co. et al., from Workers' Compensation Commission.
CA00-343. Wesley Akee v. Donna Akee, from Pulaski Chancery, Fourth Division.
The following cases are appeals from the Arkansas Board of Review.
E00-77. Roger Beck v. Director et al.
E00-78. Timmy R. Thomas v. Director et al.
E00-79. Angela Gentry v. Director et al.
E00-80. Karl Marschall Brooks v. Director et al.
E00-82. Anthony C. Kenney v. Director et al.
E00-83. Tina Davis v. Director et al.
E00-84. Linda G. Holbrook v. Director et al.
E00-85. Danny Hanna v. Director et al.
E00-86. Sheila D. Ross v. Director et al.
E00-87. Bret Murry v. Director et al.
E00-88. Wayne B. Lowe v. Director et al.
E00-89. Lucy E. Tezel v. Director et al.