Agribank, FCB v. Holland (Crabtree, J.) CA00-76

Judgment -- Revivor proceedings & actions on judgments; distinct & cumulative remedy; circuit court had jurisdiction & erred in dismissing action; reversed & remanded. [HTML, WP5.1]

Alberson v. Automobile Club Interinsurance Exch. (Roaf, J.) CA00-173

Insurance -- Policy language; unambiguous exclusion of underinsured coverage. [HTML, WP5.1]

Burnett v. State (Neal, J.) CACR99-1403

Constitutional law -- Jury selection; reason given for striking juror clearly pretextual; trial court's ruling on Batson challenge was clearly against preponderance of evidence; reversed & remanded. [HTML, WP5.1]

Coble v. Sexton (Robbins, C.J.) CA00-260

Contracts -- Latent ambiguity present; reversed & remanded for consideration of extrinsic evidence. [HTML, WP5.1]

Foster v. Farm Bureau Mut. Ins. Co. of Ark. (Jennings, J.) CA00-228

Insurance -- Underinsurance endorsement inapplicable; appellee's motion for summary judgment properly granted. [HTML, WP5.1]

Maxfield v. State (Stroud, J.) CACR00-28

Criminal procedure -- Custodial statements; appellate court unable to say erroneously admitted confession did not contribute to guilty verdict; remanded for Denno hearing. [HTML, WP5.1]

Songer v. Wiggens (Griffen, J.) CA99-1449

Wills -- Nonprobated will; appellants actually possessed property to terms of will; affirmed. [HTML, WP5.1]

Thompson v. Washington Reg'l Med. Ctr. (Pittman, J.) CA00-36

Workers' compensation -- Appellant knowingly misrepresented driving restriction; performance of activity contrary to medical restrictions; employer relieved of liability; Shippers Transport rule; willful false representation of physical condition precluded benefits. [HTML, WP5.1]

Freeman v. Con-Agra Frozen Foods (Robbins, C.J.) CA99-1313

Workers' compensation -- Gradual-onset injury; proof of causation; physician's opinion did not meet requisite definiteness. [HTML, WP5.1]

APPENDIX

In Re: Oral Arguments (Per Curiam) [HTML, WP5.1]

Bray v. State, CA CR 00-278 (Hart, J.), affirmed October 4, 2000. [HTML, WP5.1]

Brooks v. State, CA CR 00-93 (Griffen, J.), affirmed October 4, 2000. [HTML, WP5.1]

Cunningham v. Scott Truck & Tractor Co., CA 00-149 (Koonce, J.), affirmed October 4, 2000. [HTML, WP5.1]

Dunn v. Weaver, CA 99-1459 (Koonce, J.), affirmed October 4, 2000. [HTML, WP5.1]

Hill v. State, CA CR 99-1234 (Bird, J.), affirmed October 4, 2000. [HTML, WP5.1]

Hubbard v. State, CA CR 00-291 (Jennings, J.), affirmed October 4, 2000. [HTML, WP5.1]

Kenter v. State, CA CR 00-81 (Neal, J.), affirmed October 4, 2000. [HTML, WP5.1]

Miller v. Norsey, CA 00-158 (Stroud, J.), affirmed October 4, 2000. [HTML, WP5.1]

Powell v. State, CA CR 99-521 (Robbins, C.J.), affirmed October 4, 2000. [HTML, WP5.1]

Young v. State, CA 00-225 (Roaf, J.), affirmed October 4, 2000. [HTML, WP5.1]

Anhalt v. Director of Labor, E 00-68, October 4, 2000.

Baldor Elec. Co. v. Director of Labor, E 00-73, October 4, 2000.

Cingolani v. Director of Labor, E 00-72, October 4, 2000.

Clark v. Director of Labor, E 00-71, October 4, 2000.

Davis v. Director of Labor, E 00-66, October 4, 2000.

Griffith v. Director of Labor, E 00-74, October 4, 2000.

Hartwell v. Director of Labor, E 00-76, October 4, 2000.

Huffine v. Director of Labor, E 00-67, October 4, 2000.

Lunsford, Glen v. Director of Labor, E 00-63, October 4, 2000.

Lunsford, Marcia L. v. Director of Labor, E 00-75, October 4, 2000.

Posey v. Director of Labor, E 00-64, October 4, 2000.

Webster v. Director of Labor, E 00-69, October 4, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-521. Kevin Powell v. State of Arkansas, from Conway Circuit. Affirmed. Crabtree and Meads, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-260. Linda Coble v. Rhonda Sexton, from Greene Chancery. Reversed and Remanded. Crabtree and Meads, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA00-36. Jeffrey S. Thompson v. Washington Regional Medical Center, from Workers' Compensation Commission. Affirmed. Stroud and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-278. Mark Allen Bray v. State of Arkansas, from Garland Circuit. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-291. Marcus Hubbard v. State of Arkansas, from Pope Circuit. Affirmed. Hart and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-228. Amy Foster v. Farm Bureau Mutual Insurance Company of Arkansas, from Randolph Circuit. Affirmed. Hart and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. Koonce and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA99-1459. Darrell Dunn v. James Weaver, Personal Representative of Jack Weaver, Deceased, from Garland Probate. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-149. William J. Cunningham v. Scott Truck & Tractor Company of Fort Smith, Inc., from Polk Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR00-28. Anthony Maxfield v. State of Arkansas, from Hempstead Circuit. Remanded. Pittman and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-158. John H. Miller and his wife, Barbara A. Miller v. Ramona Norsey, Joey King and Melba King, from Drew Chancery. Affirmed. Pittman and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1403. Stephanie Scott Burnett v. State of Arkansas, from Sebastian Circuit. Reversed and Remanded. Bird and Griffen, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-81. Thomas Kenter v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman and Stroud, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-93. Janie Marie Brooks v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Hart and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1449. Mary Etta Songer v. Mildred (Robertson) Wiggens and Laura Land (Robertson) Saller, from Craighead Chancery. Affirmed. Hart and Jennings, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA00-76. Agribank, FCB v. Ralph Holland, Jr. and Patricia Holland, from St. Francis Circuit. Reversed and Remanded. Robbins, C.J., and Meads, J., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-173. Donna K. Alberson and Pamela Curnett v. Automobile Club Interinsurance Exchange, from Faulkner Circuit. Affirmed. Bird and Koonce, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA00-225. Tracy Young v. State of Arkansas, from Garland Chancery, Juvenile Division. Affirmed. Bird and Koonce, JJ., agree. (2 PAGES UNPUBLISHED) [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).

E00-63. Glen Lunsford v. Director et al.

E00-64. Roger Posey v. Director et al.

E00-66. Robin L. Davis v. Director et al.

E00-67. Dorothy Huffine v. Director et al.

E00-68. Lou A. Anhalt v. Director et al.

E00-69. Allen Webster v. Director et al.

E00-71. Donald J. Clark v. Director et al.

E00-72. Norma J. Cingolani v. Director et al.

E00-73. Baldor Electric Company v. Director et al.

E00-74. Cyril D. Griffith v. Director et al.

E00-75. Marcia L. Lunsford v. Director et al.

E00-76. Jerry Hartwell v. Director et al.

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CA99-1313. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission. See substituted opinion this date. Bird and Stroud, JJ., would deny. (9 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

CA99-1259. Mary Bice v. Waterloo Industries, Inc., from Workers' Compensation Commission.

CA99-1337. Jerry Caves v. Riverside Furniture Corporation, from Workers' Compensation Commission.

CA00-5. C.J. Carpenter v. Oras Miller, from Sharp Probate. Stroud, J., would grant.

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.

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CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Alvin Schay for attorney's fees is granted. Allowed $850.00.

CACR00-498. Walatha Love v. State of Arkansas, from Crittenden Circuit. Appellant's motion to file belated brief is granted.

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 is granted.

CACR00-1046. John E. Searcy, Jr. v. State of Arkansas, from Searcy Circuit. Appellant's pro se motion to proceed in forma pauperis is granted as to filing fee only. Meads, J., not participating.

CA99-1259. Mary Bice v. Waterloo Industries, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Allowed $500.00.

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

CA00-10. Danny Mitchell v. Kenneth House and Rhonda House, from Randolph Chancery. Motion of John C. Throesch to withdraw as counsel for appellant is granted.

CA00-10. Danny Mitchell v. Kenneth House and Rhonda House, from Randolph Chancery. Motion of appellant to proceed pro se is granted.

CA00-654. Terry Hayes v. Advanced Towing Services, Inc., from Washington Circuit. Appellee's motion to file belated brief is granted.

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 is denied.

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. Appellant granted an additional ten pages and ten days brief time. Griffen, J., would deny.

E00-240. Herbert D. Wallace v. Director et al., from Board of Review. Appellant's motion to file belated appeal is denied.

In Re: Oral Arguments. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

CA99-1314. Phil G. Smith v. Charles O. Campbell and Charles K. Childs, from Poinsett Circuit.

CA00-108. Andrea Rychel v. Randy Williams, from Sebastian Chancery, Fort Smith District.

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CACR00-203. Robert Peters v. State of Arkansas, from St. Francis Circuit. Appellant's pro se motion to file supplemental brief.

CACR00-279. Jose Barrientos v. State of Arkansas, from Faulkner Circuit. Motion to reconsider order denying appellant's motion for oral argument.

CACR00-551. Arley David Mathis v. State of Arkansas, from White Circuit. Appellant's motion to file belated brief.

CACR00-888. James Kelly Beasley v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated reply brief.

CACR00-1081. Kevin Valdez Barnes v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to dismiss appeal, or in the alternative, for appointment of counsel and to stay briefing schedule.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion for extension of time to file supplemental record.

CA00-445. Jay B. Breslau et al. v. Mitchell S. McAlister, M.D., et al., from Washington Circuit. Appellants' motion for permission to use demonstrative exhibits in oral argument.

CA00-676. Meredith Thomas v. Bobby Thomas, from Lonoke Chancery. Motion of Herbert T. Wright, Jr. to be relieved as counsel for appellant and for brief time.

CA00-709. Charles R. Stewart v. Pauline G. Martin, from Pulaski Chancery, Sixth Division. Appellant's motion for additional brief time.

CA00-875. Wheeler Construction Company v. Raymond L. Armstrong, from Workers' Compensation Commission. Appellee's pro se motion to file nonconforming brief.

CA00-993. Daniel Newell Lestina et ux. v. Melissa A. Lestina, from Benton Probate. Appellants' motion to supplement record.

CA00-1007. BPS, Inc. and Micro Flo Company v. Jason Parker, from Phillips Circuit. Appellants' motion to consolidate this appeal with CA00-1032.

E00-231. Elizabeth A. Trice v. Director et al., from Board of Review. Appellees' motion to dismiss appeal.

CACR00-58. Gary Hughes v. State of Arkansas, from Polk Circuit. Argued orally.

CA99-1516. Wal-Mart Stores, Inc. v. Bobby Williams, from Cross Circuit. Argued orally.

CA00-206. Judy Ann Bearden v. Arkansas Department of Human Services, from Saline Circuit. Argued orally.

CACR99-1455. Michael Darrell Benson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-124. Terry Lynn Stephenson v. State of Arkansas, from Faulkner Circuit.

CACR00-198. Calvin L. Tucker v. State of Arkansas, from Crittenden Circuit.

CACR00-238. Jennifer Epperson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-253. Robert L. Darrall, Jr. v. State of Arkansas, from Lonoke Circuit.

CACR00-271. Sanford Buchanan v. State of Arkansas, from Lonoke Circuit.

CACR00-280. Dean Oates v. State of Arkansas, from Pulaski Chancery, First Division.

CACR00-351. Carlos Terrell May v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-397. David Earl Jones v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-413. Kennedy Warren v. State of Arkansas, from Pulaski Circuit, First Division.

CA99-1022. Landpoint Surveys, Inc. v. Phillip Stockwell et al., from Columbia Chancery.

CA99-1456. Darlene Carvin v. Melvyn Bell, from Pulaski Chancery, Second Division.

CA99-1508. Dustin Horton v. Tommy E. Horton, from Faulkner Circuit.

CA00-98. Cheryl Paslay Brewer et al. v. Arkansas Department of Human Services, from White Chancery.

CA00-122. State of Arkansas, Jefferson County Child Support Enforcement Unit v. James Tyra, from Jefferson Chancery.

CA00-176. Shellie D. Coffman v. Collier Investments, Inc., from Workers' Compensation Commission.

CA00-184. Lois Vaught v. Jerome D. Vaught, from Pulaski Probate, First Division.

CA00-199. Lawrence Homer Spurlock v. Cinda Vinette Spurlock, from Sharp Chancery.

CA00-240. Jo Ann Marie Fuller v. Marcus S. Angelo, from Newton Chancery.

CA00-261. Waylon Cooper v. McBurney Corporation et al., from Workers' Compensation Commission.

CA00-314. Johnny L. Taylor et ux. v. Eagle Ridge Developers, LLC, from Pulaski Chancery, Fourth Division.

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

E00-90. Shirley K. King v. Director et al.

E00-91. Eddie Jean Harp v. Director, et al.

E00-93. Mizetta Haskins v. Director, et al.

E00-94. Elliot Howard v. Director, et al.

E00-95. Vicki L. Downum v. Director, et al.

E00-96. Ark-La-Tex Health Centers v. Director et al.

E00-97. Lamar R. Allen v. Director, et al.

E00-98. Cindy Harrison v. Director et al.

E00-99. Alfreda Reed v. Director et al.

E00-100. Sharmeaka S. Terry v. Director, et al

E00-101. Donald Bohannan v. Director, et al

E00-102. Greain Thomas v. Director, et al