Anderson v. State (Pittman, J.) CACR00-251

Substituted opinion delivered November 29, 2000, and appears in syllabus that date. [HTML, WP5.1]

Brookshires Grocery Co. v. Pierce (Pittman, J.) CA00-164

Torts -- Slip & fall; evidence sufficient to support finding that appellant failed to use ordinary care to remedy recurrent slippery condition of floor. [HTML, WP5.1]

Collins v. Cunningham (Roaf, J.) CA00-150

Contracts -- Stranger to contract; appellant was not third-party beneficiary of agreement between farming operation & levee district; appellant could not take advantage of language in farming operation's permits voiding them upon lease or transfer. [HTML, WP5.1]

Donovan v. State (Koonce, J.) CACR99-1096

Criminal law -- Theft by deception; substantial evidence to support conviction; admission of evidence of appellant's cocaine use was proper to prove motive for theft & unauthorized checks; trial court did not abuse discretion in denying motion for mistrial where appellant was aware of evidence State intended to prove at trial; failure to meet warrant requirements did not require reversal; arrest supported by probable cause; matter remanded for determination of amount paid by appellant or family to victim & application as credit to award. [HTML, WP5.1]

Fayetteville Diagnostic Clinic, Ltd. v. Turner (Griffen, J.) CA00-105

Negligence -- Slip & fall; possible as opposed to probable causes of fall do not constitute substantive evidence of negligence; record lacked proof required to satisfy either of two theories of negligence; appellant's request for remittitur or new trial not considered where matter reversed & remanded. [HTML, WP5.1]

Hayes v. Wal-Mart Stores (Pittman, J.) CA00-216

Workers' compensation -- Commission's opinion displayed no rational basis for finding that range-of-motion tests did not constitute objective findings; reversed & remanded. [HTML, WP5.1]

Horton v. Horton (Stroud, J.) CA99-1508

Parent & child -- Parental-immunity doctrine; trial court's dismissal affirmed. [HTML, WP5.1]

Jongewaard v. State (Griffen, J.) CA00-92

Juveniles -- Transfer between juvenile & circuit courts; ten factors properly considered; appellant forfeited opportunity for further juvenile rehabilitation; trial court's decision to retain jurisdiction not clearly erroneous. [HTML, WP5.1]

Kearney v. Shelter Ins. Co. (Roaf, J.) CA00-162

Estoppel -- Detrimental reliance & promissory estoppel; appellant's responses & motions sufficient to raise material issues of fact. [HTML, WP5.1]

Second Injury Fund v. J & S Trucking (Bird, J.) CA00-242

Workers' compensation -- Commission's finding that employee's current disability was result of combination of two injuries supported by substantial evidence; relationship between claimant and Second Injury Fund exists without reference to employer; employer's failure to carry workers' compensation insurance was irrelevant to determination of liability. [HTML, WP5.1]

Stephenson v. State (Stroud, J.) CACR00-124

Search & seizure -- Franks analysis; probable cause to issue warrant shown by affiant's stated facts under second prong. [HTML, WP5.1]

Taylor v. Eagle Ridge Developers, LLC (Roaf, J.) CA00-314

Specific performance -- Granting appropriate where contract involved sale of land; sufficient evidence supported chancellor's decision granting specific performance. [HTML, WP5.1]

Vaught v. Vaught (Robbins, C.J.) CA00-184

Jurisdiction -- Operation of trusts within chancery court's jurisdiction; case remanded for transfer to proper court. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Williams (Pittman, J.) CA99-1516

Torts -- Malicious prosecution; appellee's testimony was substantial evidence that appellant failed to exercise ordinary caution exhibited by reasonably prudent merchant; sufficient evidence of improper motive existed to send question to jury. [HTML, WP5.1]

Yancey v. State (Meads, J.) CACR99-1360

Search & seizure -- Personal observations supported issuance of warrant; direct evidence not required to establish "reasonable nexus" between objects to be seized and premises searched; judge had substantial basis to conclude that probable cause existed; warrant valid; no fatal omission found. [HTML, WP5.1]

Coffman v. Collier Invs., Inc., CA 00-176 (Jennings, J.), affirmed October 25, 2000. [HTML, WP5.1]

Darrall v. State, CA CR 00-253 (Meads, J.), affirmed October 25, 2000. [HTML, WP5.1]

Hughes v. State, CA CR 00-58 (Hart, J.), affirmed October 25, 2000. [HTML, WP5.1]

Jones v. State, CA CR 00-397 (Bird, J.), affirmed October 25, 2000. [HTML, WP5.1]

Landpoint Surveys, Inc. v. Stockwell, CA 99-1022 (Koonce, J.), affirmed October 25, 2000. [HTML, WP5.1]

May v. State, CA CR 00-351 (Robbins, C.J.), affirmed October 25, 2000. [HTML, WP5.1]

Oates v. State, CA CR 00-280 (Jennings, J.), affirmed October 25, 2000. [HTML, WP5.1]

Pippenger v. Arkansas Dep't of Human Servs., CA 00-266 (Koonce, J.), affirmed October 25, 2000. [HTML, WP5.1]

Spurlock v. Spurlock, CA 00-199 (Bird, J.), affirmed October 25, 2000. [HTML, WP5.1]

Stribling v. State, CA CR 00-48 (Griffen, J.), affirmed October 25, 2000. [HTML, WP5.1]

Tucker v. State, CA CR 00-198 (Neal, J.), reversed and dismissed October 25, 2000. [HTML, WP5.1]

Tyler v. State, CA CR 00-107 (Crabtree, J.), affirmed October 25, 2000. [HTML, WP5.1]

Warren v. State, CA CR 00-413 (Crabtree, J.), affirmed October 25, 2000. [HTML, WP5.1]

Bocksnick v. Director of Labor, E 00-113, October 25, 2000.

Clayborne v. Director of Labor, E 00-107, October 25, 2000.

Colburn v. Director of Labor, E 00-110, October 25, 2000.

Davis v. Director of Labor, E 00-114, October 25, 2000.

Eldridge v. Director of Labor, E 00-106, October 25, 2000.

Forrester v. Director of Labor, E 00-112, October 25, 2000.

Harris v. Director of Labor, E 00-115, October 25, 2000.

Independent Tel. Sys. v. Director of Labor, E 00-109, October 25, 2000.

Jackson, Marie v. Director of Labor, E 00-104, October 25, 2000.

Jackson, Patrick J. v. Director of Labor, E 00-108, October 25, 2000.

McWhorter v. Director of Labor, E 00-105, October 25, 2000.

Stigall v. Director of Labor, E 00-111, October 25, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR00-351. Carlos Terrell May v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Bird and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-184. Lois Vaught v. Jerome D. Vaught, from Pulaski Probate, First Division. Reversed and Remanded. Bird and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-251. David A. Anderson v. State of Arkansas, from Greene Circuit. Reversed and Remanded. Neal, J., agrees. Stroud, J., concurs. (3 PAGES + 2-PAGE CONCURRENCE PUBLISHED) Substituted opinion delivered November 29, 2000, and appears in syllabus that date.   [HTML, WP5.1]

CA99-1516. Wal-Mart Stores, Inc. v. Bobby Williams, from Cross Circuit. Affirmed. Hart and Meads, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-164. Brookshires Grocery Company v. Lyman Pierce, from Ashley Circuit. Affirmed. Stroud and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA00-216. Gladys F. Hayes v. Wal-Mart Stores, from Workers' Compensation Commission. Reversed and Remanded. Stroud and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-58. Gary Hughes v. State of Arkansas, from Polk Circuit. Affirmed. Pittman and Meads, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-280. Dean Oates v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-176. Shellie D. Coffman v. Collier Investments, Inc., from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-397. David Earl Jones v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Neal, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-199. Lawrence Homer Spurlock v. Cinda Vinette Spurlock, from Sharp Chancery. Affirmed on Direct Appeal and on Cross-Appeal. Robbins, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-242. Second Injury Fund v. J & S Trucking, from Workers' Compensation Commission. Affirmed. Koonce and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR99-1096. Tom Donovan v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Remanded in Part. Stroud and Griffen, JJ., agree. (23 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1022. Landpoint Surveys, Inc. v. Phillip Stockwell and Christopher Long, from Columbia Chancery. Affirmed. Stroud and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-266. Linda Pippenger v. Arkansas Department of Human Services, from White Chancery, Juvenile Division. Affirmed. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR00-124. Terry Lynn Stephenson v. State of Arkansas, from Faulkner Circuit. Affirmed. Koonce and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1508. Dustin Horton, by and through his Mother and Next Friend, Beverlye Horton v. Tommy E. Horton, from Faulkner Circuit. Affirmed. Koonce and Griffen, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-198. Calvin L. Tucker v. State of Arkansas, from Crittenden Circuit. Reversed and Dismissed. Robbins, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-48. Timothy Stribling v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Koonce and Stroud, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-92. Asa John Jongewaard v. State of Arkansas, from Washington Circuit. Affirmed. Hart and Jennings, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA00-105. Fayetteville Diagnostic Clinic, Ltd. v. Dyanna Turner, from Washington Circuit. Reversed and Remanded. Bird, Koonce, and Stroud, JJ., agree. Robbins, C.J., and Neal, J., dissent. (10 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-107. Willie Tyler v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-413. Kennedy Warren v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1360. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit. Affirmed. Pittman, Jennings, and Crabtree, JJ., agree. Hart and Roaf, JJ., dissent. (10 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-253. Robert L. Darrall, Jr. v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman and Hart, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-150. Jesse Collins v. Nelia Cunningham, Lyda Laneville, Julia Mixon, and Sallie Dievendorf, from Lee Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-162. Jack R. Kearney v. Shelter Insurance Company, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Bird and Koonce, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-314. Johnny L. Taylor and Joyce Taylor v. Eagle Ridge Developers, LLC, from Pulaski Chancery. Affirmed. Bird and Koonce, JJ., agree. (6 PAGES PUBLISHED) [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).

E00-104. Marie Jackson v. Director et al.

E00-105. Bernice McWhorter v. Director et al.

E00-106. Mark E. Eldridge v. Director et al.

E00-107. Thomas W. Clayborne v. Director et al.

E00-108. Patrick J. Jackson v. Director et al.

E00-109. Independent Telephone Systems v. Director et al.

E00-110. Terry Colburn v. Director et al.

E00-111. Seletha A. Stigall v. Director et al.

E00-112. Shaun Forrester v. Director et al.

E00-113. Kenneth E. Bocksnick v. Director et al.

E00-114. Scott J. Davis v. Director et al.

E00-115. Reginald L. Harris v. Director et al.

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

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. Griffen, J., would grant.

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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 is granted. Allowed $1,100.00.

CACR99-574. Tammy B. Smith v. City of Pottsville, from Pope Circuit. Motion of Kenneth A. Hodges for attorney's fees is denied. See Supreme Court Rule 6-6(c).

CACR99-1044. Rosa Lee Holland v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Tim R. Morris for attorney's fees is granted. Allowed $650.00.

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 is denied.

CACR99-1439. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit. Motion of Scott S. Freydl for attorney's fees is granted. Allowed $750.00.

CACR00-55. Robert Bryan Holt v. State of Arkansas, from Greene Circuit. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $950.00.

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

CA99-1447. Torian Porter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William A. McLean for attorney's fees is granted. Allowed $650.00.

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

CA00-633. Denver Lane Rice v. Johnia Lea Rice (Tillery), from Saline Chancery. Appellant's motion to complete the record and for brief time. Remanded to the trial court to settle the record within thirty days. Appellant's brief due within sixty days.

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 is granted; but leave granted to appellant to file substituted abstract and brief within thirty days. Appellee may file brief thirty days thereafter.

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 is denied. Appellants' brief due November 23, 2000. Griffen, J., not participating.

CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery. Appellee's motion to supplement the record is granted. Pittman, J., not participating.

CA00-1077. Joel D. French v. Arkansas Department of Human Services, Guardian and Next Friend of Jennifer R. French, a Minor, from Van Buren Chancery. Appellant's pro se motion for stay is denied.

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

CACR99-1295. Carlton Pennington v. State of Arkansas, from Fulton Circuit. Motion of William C. McArthur for attorney's fees.

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

CACR00-804. Timothy Bohanon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to supplement the record.

CACR00-1160. Johnny Paul Dodson v. State of Arkansas, from Hot Spring Circuit. Motion of Louis A. Etoch to be appointed as counsel for appellant.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion for rule on clerk to accept motion for restoration of property rights.

CA00-841. State of Arkansas et al. v. Gary Goss, from White Circuit. Appellant's motion for filing belated return of supplement.

CA00-1051. Larry Cecil Martin v. Equitable Life Assurance Society of the United States, from Ashley Chancery. Appellant's motion to correct the record and to stay briefing schedule.

CA00-1110. Gail Parkerson v. James A. Arthur, M.D. et al., from Garland Circuit. Appellees' motion to dismiss appeal.

CA00-1165. Juana M. Brown v. Osceola Housing Authority, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal.

CA00-1170. Ethel M. "Rosie" Wilkins v. Arkansas Department of Human Services, from Baxter Chancery. Appellant's motion to waive filing fee.

CA00-1182. Sharrion Barnes v. Alma School District, from Workers' Compensation Commission. Appellant's motion to proceed in forma pauperis.

E00-259. Donald J. Owens v. Director et al., from Board of Review. Appellant's motion to file belated appeal.

CACR00-78. Theo Hoover v. State of Arkansas, from Pike Circuit. Argued orally.

CA00-13. James E. Wilmans, Jr. v. Guilford M. Dudley et ux., from Jackson Chancery. Argued orally.

CACR99-546. Hosie Gant v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1487. Dalonda Cashay Baker v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-79. Abraham A. Reid v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-114. Joseph Sherif Presley v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-262. Emery A. Tillman v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-392. Howard Ray Benton v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR00-428. Bobby Threadford v. State of Arkansas, from Union Circuit.

CACR00-450. Christopher Dootson v. State of Arkansas, from Baxter Circuit.

CA00-87. Barbara Matheny v. Heirs of Roy Oldfield, from Sharp Probate.

CA00-192. Byars Construction Company v. Clifton Byars, from Workers' Compensation Commission.

CA00-196. Homecare Pharmacy, Inc. v. John T. Douglas, Director et al., from Pulaski Circuit, Third Division.

CA00-213. Bobby Battles et ux. v. Marckel E. Dickens et ux., from Faulkner Chancery.

CA00-288. HolyTrent Properties, Inc. v. Valley Park Limited Partnership et al., from Pope Chancery.

CA00-306. Kelly Killough v. Larry Killough, Jr., from White Chancery.

CA00-332. Gerald Brumley et ux. v. Entergy Services, Inc., from Garland Circuit.

CA00-346. Judy Ford et al. v. James R. Dye et al., from Ashley Chancery.

CA00-359. Gayle L. Saulsberry Jones v. Daryl Saulsberry, from Conway Chancery.

CA00-367. Estate of Allen Baker v. Columbia Mutual Insurance Company, from Nevada Circuit.

CA00-400. Mark Fisher v. Lori Fisher, from Yell Chancery, Southern District.

CA00-418. Nelda Scroggins v. TTC Illinois, Inc., from Workers' Compensation Commission.

CA00-561. Wal-Mart Stores, Inc. et al. v. Mary Evans, from Workers' Compensation Commission.