Arkansas Dep't of Human Servs. v. Thomas (Jennings, J.) CA00-20

Administrative law & procedure -- Appellee failed to exhaust administrative remedies; juvenile court lacked jurisdiction to decide placement of names in central registry. [HTML, WP5.1]

Brewer v. Arkansas Dep't of Human Servs. (Neal, J.) CA00-98

Substituted opinion delivered April 25, 2001, and appears in syllabus that date. [HTML, WP5.1]

Estate of Baker v. Columbia Mut. Ins. Co. (Hart, J.) CA00-367

Judgment -- Summary judgment affirmed where no material issues of fact remained. [HTML, WP5.1]

Hamilton v. General Ins. Co. of Am. (Neal, J.) CA00-46

Insurance -- Policy clear & unambiguous; no evidence presented to rebut appellee's proof that engine failure was caused by normal wear & tear; no error in trial court's grant of summary judgment. [HTML, WP5.1]

Heard v. State (Meads, J.) CACR00-113

Criminal law -- Accomplice liability; appellant acted merely as middle man; conviction for delivery of counterfeit substance reversed. [HTML, WP5.1]

Holytrent Properties, Inc. v. Valley Park Ltd. Partnership (Pittman, J.) CA00-288

Contracts -- Lease provisions clear; terms could not be enlarged by construction; grant of summary judgment not error; breach if sub-lease-notice provision immaterial & did not warrant repudiation of contract. [HTML, WP5.1]

Hunter v. State (Pittman, J.) CACR00-187

Search & seizure -- Protective frisk; inappropriate for officer to open piece of paper removed from appellant's waistband; reversed& remanded. [HTML, WP5.1]

Jordan v. Atlantic Cas. Ins. Co. (Crabtree, J.) CA00-295

Insurance -- Named-driver exclusion held valid in this case. [HTML, WP5.1]

Baker v. State, CA CR 99-1487 (Neal, J.), affirmed November 8, 2000. [HTML, WP5.1]

Battles v. Dickens, CA 00-213 (Stroud, J.), affirmed November 8, 2000. [HTML, WP5.1]

Benton v. State, CA CR 00-392 (Roaf, J.), affirmed November 8, 2000. [HTML, WP5.1]

Bright v. Bright, CA 00-47 (Bird, J.), affirmed in part; reversed and remanded in part November 8, 2000. [HTML, WP5.1]

Gallion v. Cole, CA 00-297 (Meads, J.), affirmed November 8, 2000. [HTML, WP5.1]

Gant v. State, CA CR 99-546 (Jennings, J.), rebriefing ordered November 8, 2000. [HTML, WP5.1]

Homecare Pharmacy, Inc. v. Douglas, CA 00-196 (Koonce, J.), affirmed November 8, 2000. [HTML, WP5.1]

Hoover v. State, CA CR 00-78 (Bird, J.), affirmed November 8, 2000. [HTML, WP5.1]

King v. Ston Investments, CA 00-352 (Robbins, C.J.), affirmed in part; reversed and remanded in part November 8, 2000. [HTML, WP5.1]

Presley v. State, CA CR 00-114 (Crabtree, J.), affirmed November 8, 2000. [HTML, WP5.1]

Scroggins v. TTC Ill., Inc., CA 00-418 (Hart, J.), reversed and remanded November 8, 2000. [HTML, WP5.1]

Threadford v. State, CA CR 00-428 (Stroud, J.), affirmed November 8, 2000. [HTML, WP5.1]

Tillman v. State, CA CR 00-262 (Meads, J.), affirmed November 8, 2000. [HTML, WP5.1]

Wilmans v. Dudley, CA 00-13 (Robbins, C.J.), affirmed in part; reversed in part November 8, 2000. [HTML, WP5.1]

Bar v. Director of Labor, E 00-126, November 8, 2000.

Carroll v. Director of Labor, E 00-120, November 8, 2000.

Gilmore v. Director of Labor, E 00-127, November 8, 2000.

Green v. Director of Labor, E 00-117, November 8, 2000.

Hall v. Director of Labor, E 00-118, November 8, 2000.

Hampton v. Director of Labor, E 00-129, November 8, 2000.

Henry v. Director of Labor, E 00-116, November 8, 2000.

Houston v. Director of Labor, E 00-128, November 8, 2000.

Jennings v. Director of Labor, E 00-121, November 8, 2000.

Ponder v. Director of Labor, E 00-125, November 8, 2000.

Simpson v. Director of Labor, E 00-122, November 8, 2000.

Thammavong v. Director of Labor, E 00-119, November 8, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CA00-13. James E. Wilmans, Jr. v. Guilford M. Dudley and Retha J. Dudley, from Jackson Chancery. Affirmed in Part; Reversed in Part. Bird and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-352. George King et al. v. Ston Investments, from Craighead Circuit, Western District. Affirmed in Part; Reversed and Remanded in Part. Bird and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-187. Donald Hunter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Reversed and Remanded. Hart and Meads, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA00-288. Holytrent Properties, Inc. v. Valley Park Limited Partnership et al., from Pope Chancery. Affirmed. Meads and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-367. Estate of Allen Baker v. Columbia Mutual Insurance Company, from Nevada Circuit. Affirmed. Pittman and Meads, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA00-418. Nelda Scroggins v. TTC Illinois, Inc., from Workers' Compensation Commission. Reversed and Remanded. Pittman and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-546. Hosie Gant v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Crabtree and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-20. Arkansas Department of Human Services v. Denise Thomas, from Jefferson Chancery, Juvenile Division. Reversed. Hart and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-78. Theo Hoover v. State of Arkansas, from Pike Circuit. Affirmed. Robbins, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-47. Donna Bright v. Michael Bright, from Benton Chancery. Affirmed in Part; Reversed and Remanded in Part. Robbins, C.J., and Neal, J., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA00-196. Homecare Pharmacy, Inc. v. John T. Douglas et al., from Pulaski Circuit. Affirmed. Stroud and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR00-428. Bobby Threadford v. State of Arkansas, from Union Circuit. Affirmed. Koonce and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-213. Bobby Battles and wife, Joyce Battles v. Marckel E. Dickens, from Faulkner Chancery, Second Division. Affirmed. Koonce and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1487. Dalonda Cashay Baker v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-46. Mason Hamilton d/b/a Swift Flying Service v. General Insurance Company of America, from Jackson Circuit. Affirmed. Bird, Koonce, and Stroud, JJ., agree. Robbins, C.J., and Griffen, J., dissent. (7 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-98. Cheryl Paslay Brewer and Marvin Brewer v. Arkansas Department of Human Services, from White Chancery, Juvenile Division. Affirmed in Part; Reversed in Part and Remanded. Robbins, C.J., and Bird, J., agree. (9 PAGES + 6-PAGE CONCURRENCE/DISSENT PUBLISHED)  Substituted opinion delivered April 25, 2001, and appears in syllabus that date. [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-114. Joseph Sherif Presley v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-295. Jonathan Jordan, Victor Jordan, and Dennis Smith v. Atlantic Casualty Insurance Company, from Pulaski Circuit, Third Division. Affirmed. Jennings, J., agrees. Roaf, J., concurs. (3 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR00-113. Demetrius Heard v. State of Arkansas, from Lonoke Circuit. Reversed and Dismissed. Robbins, C.J., and Crabtree, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-262. Emery A. Tillman v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Hart, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-297. James Gallion v. Phillip Cole and Nationwide Mutual Insurance Company, from Craighead Circuit. Affirmed. Robbins, C.J., and Hart, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-392. Howard Ray Benton v. State of Arkansas, from Arkansas Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (10 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).

E00-116. 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.

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA99-1459. Darrell D. Dunn v. James Weaver, Personal Representative of Jack Weaver, Deceased, from Garland Probate.

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CACR00-735. Gerald Pate v. State Of Arkansas, from Faulkner Circuit. Appellant's motion to amend record is remanded to the trial court to settle the record within thirty days.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion for rule on clerk is denied.

CA00-47. Donna Bright v. Michael Bright, from Benton Chancery. Appellant's motion for attorney's fees and costs is denied. See opinion this date.

CA00-853. Charles C. Cooper v. Louise C. Cooper, from Garland Chancery. Appellant's pro se motion to complete the record is denied.

CA00-926. Linda Taylor v. Chris L. Taylor, from Saline Chancery. Brief due November 17, 2000.

CA00-926. Linda Taylor v. Chris L. Taylor, from Saline Chancery. Appellant's motion for permission to allow Patricia M. Logue to appear pro hac vice under Rule XIV and motion for brief time is granted.

CA00-944. Wal-Mart Stores, Inc, et al. v. Kemberly Brown, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted.

CA00-1249. Bradford Oaks Limited Partnership v. Beal Bank, S.S.B, from Pulaski Chancery, Third Division. Appellant's motion for writ of certiorari to complete the record is granted. Record to be completed within sixty days.

E00-256. Arlin V. Swaffar v. Director, et al., from Board of Review. Appellees' motion to dismiss appeal is granted.

PETITIONS FOR REHEARING:

CACR99-1087. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit.

CA99-1452. David Glymp and Cecelia Glymp v. Wal-Mart Stores, Inc. and Keller Ladders, Inc.,from Pulaski Circuit, Fifth Division.

CA00-151. Amanda Goodrich v. State of Arkansas, from Marion Chancery, Juvenile Division.

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CACR00-144. Jimmy Easley and Vickey Wagner Easley v. State of Arkansas, from Clark Circuit. Appellants' motion to expedite appeal.

CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for extension of time to file complete record.

CA00-876. The Entertainment and Leisure Corporation v. Razorback Entertainment Corporation et al., from Garland Chancery. Motion of appellees, Darlene Carvin and Dar-C Corporation, to dismiss appeal.

CA00-898. Michele Tyler (formerly Talburt) v. Eddie Talburt, from Benton Chancery. Appellant's motion to supplement the abstract and file a substituted brief.

CA00-917. Tammy (Mynes) Iburg et al. v. Arkansas Department of Human Services, from Faulkner Chancery. Appellants' motion to supplement the record and to stay brief time.

CACR00-382. David Laime and Jeanna Dodd v. State of Arkansas, from Saline Circuit. Argued orally.

CA00-229. Anna Mae Baker v. Radiology Associates, P.A. et al., from Pulaski Circuit, Sixth Division. Argued orally.

CA00-337. Van Buren County Board of Education v. Clinton School District, from Van Buren Circuit. Argued orally.

CACR99-206. Robert S. Sweeney v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-227. Ambrossial Odell Rose and Percy Deshon Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-432. Kenneth Williams v. State of Arkansas, from Jefferson Circuit.

CACR00-440. Dawond Pinckney v. State of Arkansas, from Garland Circuit.

CACR00-608. Antonio James v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA00-88. Steven Daniel Atkinson v. Deborah D. Atkinson, from Columbia Chancery.

CA00-299. Wynne Public Schools et al. v. Donna Lockhart, from Cross Chancery.

CA00-365. Russell D. Haney v. William Phillips, from Pulaski Chancery, Sixth Division.

CA00-368. Joe Fratesi v. Julian B. Fogleman, from Crittenden Circuit.

CA00-380. Penny Jean Simon, f/k/a Penny Jean Plumlee v. Farmer's Insurance Company, Inc., from Carroll Circuit, Eastern District.

CA00-394. Northwest Arkansas Recovery, Inc. et al. v. Tom Lockhart et al., from Washington Circuit.

CA00-399. Richard Thomas Calvin, Jr. et ux. v. Missy Dawn Mungary et al., from Benton Probate.

CA00-406. Daniel Christopher Webb v. State of Arkansas, from Conway Chancery.

CA00-542. Columbia Health Care, Inc. v. Letha Anderson, from Workers' Compensation Commission.

CA00-549. Fred Cain v. Fort Smith Office Supply, from Workers' Compensation Commission.

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

E00-139. Buford J. Wilkerson v. Director et al.

E00-140. Vera J. Washington v. Director et al.

E00-141. Heather L. Roberts v. Director et al.

E00-142. Vickie Evans v. Director et al.

E00-143. Lon A. Foreman v. Director et al.

E00-144. Ermal J. Johnson, Jr. v. Director et al.

E00-145. SSI, Incorporated v. Director et al.

E00-146. Mary Hodge v. Director et al.

E00-147. Gaylynn Nance v. Director et al.