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

Opinions delivered
October 18, 2000


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Hart v. McChristian (Hart, J.) CA00-50

Arbitration -- Arbitrators to determine whether removal of partners appropriate; chancellor properly ordered parties to arbitrate; clarification needed as to whether arbitrators addressed question; reversed & remanded. [HTML, WP5.1]

Stephenson v. City of Fort Smith (Crabtree, J.) CACR00-155

Criminal law -- Driving while intoxicated; second-offense DWI conviction reversed where appellant was not in actual control of vehicle. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

French v. Rheem Mfg. Co., CA 00-307 (Pittman, J.), affirmed October 18, 2000. [HTML, WP5.1]

Wilson v. Spencer, CA 00-146 (Meads, J.), affirmed October 18, 2000. [HTML, WP5.1]

Wright v. State, CA CR 99-1457 (Neal, J.), affirmed October 18, 2000. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Allen v. Director of Labor, E 00-97, October 18, 2000.

Ark-La-Tex Health Ctrs. v. Director of Labor, E 00-96, October 18, 2000.

Bohannan v. Director of Labor, E 00-101, October 18, 2000.

Downum v. Director of Labor, E 00-95, October 18, 2000.

Harp v. Director of Labor, E 00-91, October 18, 2000.

Harrison v. Director of Labor, E 00-98, October 18, 2000.

Haskins v. Director of Labor, E 00-93, October 18, 2000.

Howard v. Director of Labor, E 00-94, October 18, 2000.

King v. Director of Labor, E 00-90, October 18, 2000.

Reed v. Director of Labor, E 00-99, October 18, 2000.

Terry v. Director of Labor, E 00-100, October 18, 2000.

Thomas v. Director of Labor, E 00-102, October 18, 2000.


ORIGINAL SYLLABUS

JOHN MAUZY PITTMAN, JUDGE:

CA00-307. Larry D. French v. Rheem Manufacturing Company, from Workers' Compensation Commission. Affirmed. Hart and Meads, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-50. Joseph M. Hart; Cheryl Lynn Hart; and Vinewood Communications v. Norman D. McChristian, from Washington Chancery. Affirmed in Part as Modified; Reversed in Part; and Remanded. Pittman and Meads, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1457. Mishon Laron Wright v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-155. Austin Stephenson v. City of Fort Smith, from Sebastian Circuit. Reversed and Dismissed. Robbins, C.J., Stroud, and Neal, JJ., agree. Pittman and Meads, JJ., dissent. (4 PAGES PUBLISHED + 3-PAGE DISSENT) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CA00-146. Pamela Ann Wilson v. Kimberly Spencer, from Washington Probate. Affirmed. Pittman and Hart, JJ., agree. (5 PAGES UNPUBLISHED) [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).

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.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA99-868. Orr, Inc. et al. v. David Hood, from Miller Circuit.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit.

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, Sixth Division.

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

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CACR99-268. Charles E. Mayo v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. James, Jr., for attorney's fees.

CACR99-574. Tammy B. Smith v. City of Pottsville, from Pope Circuit. Motion of Kenneth A. Hodges for attorney's fees.

CACR99-1044. Rosa Lee Holland v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Tim R. Morris for attorney's fees.

CACR99-1321. David E. Nicklas v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to file belated Petition for Rehearing.

CACR99-1439. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit. Motion of Scott S. Freydl for attorney's fees.

CACR99-1506. Lauren Eason v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Gregory E. Bryant for attorney's fees.

CACR00-55. Robert Bryan Holt v. State of Arkansas, from Greene Circuit. Motion of Jonathan T. Lane for attorney's fees.

CACR00-311. Rudolph Eagle v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of John C. Stratford for attorney's fees.

CACR00-881. Charles Ray Bolton v. State of Arkansas, from Greene Circuit. Motion of Bill Webster to be substituted as counsel for appellant and to relieve Greg Knutson.

CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit. Appellee's motion to dismiss appeal.

CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of Alvin Clay for attorney's fees.

CA99-1447. Torian Porter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William A. McLean for attorney's fees.

CA00-47. Donna Bright v. Michael Bright, from Benton Chancery. Appellant's motion for attorney's fees and costs.

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

CA00-633. Denver Lane Rice v. Johnia Lea Rice (Tillery), from Saline Chancery. Appellant's motion to complete the record and for brief time.

CA00-669. City of Cave Springs et al. v. City of Rogers et al., from Benton Circuit. Appellants' motion for expedited consideration.

CA00-673. Rennae Sims et al. v. First State Bank of Plainview, from Yell Circuit, Northern District. Appellee's motion to strike appellants' supplemental abstract and reply brief.

CA00-850. Cheryl Paslay v. Arkansas Department of Human Services, from White Chancery. Appellee's motion for stay of brief time pending decision in CA00-98.

CA00-855. Alltel Arkansas, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellants' motion to consolidate this appeal with CA00-1109 and to stay briefing schedule.

CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery. Appellee's motion to supplement the record.

CA00-1043. George S. Mackey et al. v. First Community Bank, from Pulaski Chancery, First Division. Appellee's motion to dismiss appeal.

E00-103. Vickie Hawkins v. Director et al., from Board of Review. Appellant's motion to file belated brief.

SUBMISSIONS

CA00-445. Jay B. Breslau v. Mitchell S. McAlister, M.D. et al., from Washington Circuit. Argued orally.

CA00-320. Christine C. Larscheid et al. v. Arkansas Department of Human Services, from Washington Chancery. Argued orally.

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

E00-116. Frank H. Henry v. Director et al.

E00-117. Phyllis L. Green v. Director et al.

E00-118. Donesia R. Hall v. Director et al.

E00-119. Chanh Thammavong v. Director et al.

E00-120. Mylessia A. Carroll v. Director et al.

E00-121. Rodney Jennings v. Director et al.

E00-122. Donna M. Simpson v. Director et al.

E00-125. Clifford K. Ponder v. Director et al.

E00-126. Jiri A. Bar v. Director et al.

E00-127. James G. Gilmore v. Director et al.

E00-128. Brigette L. Houston v. Director et al.

E00-129. Tommy Hampton v. Director et al.