Opinions delivered
November 15, 2000
Box v. State (Jennings, J.) CA99-1242
Juveniles -- Transfer-denial decision; trial court's decision not clearly erroneous. [HTML, WP5.1]
Cox v. Klipsch & Assocs. (Neal, J.) CA00-329
Workers' compensation -- No postsurgical improvement occurred; Commission's finding that appellant's surgical treatment was not reasonable & necessary affirmed. [HTML, WP5.1]
Ellison v. Tru (Bird, J.) CA00-126
Workers' compensation -- Odd-lot doctrine; substantial evidence supported Commission's opinion that appellant did not fall within; burden did not shift to employer. [HTML, WP5.1]
Love v. Director (Hart, J.) E99-212
Unemployment compensation -- Disqualification from work due to misconduct; failure to furnish required medical documentation was deliberate; decision of Board of Review denying benefits affirmed. [HTML, WP5.1]
Malone v. Arkansas Dep't of Human Servs. (Griffen, J.) CA00-207
Parent & child -- Termination of parental rights; appellant failed to comply with court's orders even when not incarcerated; appellant directly disobeyed court's orders; children thrived in foster care; chancellor allowed to consider fact that appellant was repeat offender; chancellor's order not clearly erroneous. [HTML, WP5.1]
Sweeden v. Farmers Ins. Group (Pittman, J.) CA99-988
Insurance -- Owned-but-not-insured exclusion; automobile policy provided no liability coverage for bodily injury arising out of use of pickup; word "affiliated" not ambiguous; appellate court declined to reverse summary judgment; anti-stacking language held unambiguous & applicable; appellee's coverage obligation limited to highest applicable limits. [HTML, WP5.1]
Blackstone v. State, CA CR 00-483 (Robbins, C.J.), affirmed November 15, 2000. [HTML, WP5.1]
Donner v. State, CA CR 00-545 (Bird, J.), affirmed November 15, 2000. [HTML, WP5.1]
Epperson v. State, CA CR 00-497 (Koonce, J.), affirmed November 15, 2000. [HTML, WP5.1]
Fisher v. Fisher, CA 00-400 (Meads, J.), reversed November 15, 2000. [HTML, WP5.1]
Ford v. Dye, CA 00-346 (Bird, J.), affirmed November 15, 2000. [HTML, WP5.1]
Friday Living Trust v. Tampa, Inc., CA 00-298 (Neal, J.), reversed November 15, 2000. [HTML, WP5.1]
Stepanian v. Stepanian, CA 99-1512 (Hart, J.), affirmed November 15, 2000. [HTML, WP5.1]
Tyson Foods, Inc. v. Brown, CA 00-448 (Roaf, J.), affirmed November 15, 2000. [HTML, WP5.1]
Williams v. Bales, CA 00-349 (Stroud, J.), affirmed November 15, 2000. [HTML, WP5.1]
Geiger v. Director of Labor, E 00-138, November 15, 2000.
Huckeby v. Director of Labor, E 00-130, November 15, 2000.
McIntire v. Director of Labor, E 00-137, November 15, 2000.
Myers v. Director of Labor, E 00-131, November 15, 2000.
Nicholson v. Director of Labor, E 00-136, November 15, 2000.
Patterson v. Director of Labor, E 00-133, November 15, 2000.
Trionfo v. Director of Labor, E 00-132, November 15, 2000.
White v. Director of Labor, E 00-134, November 15, 2000.
Womble v. Director of Labor, E 00-135, November 15, 2000.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR00-483. Brett Blackstone v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Hart and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA99-988. Raymond C. Sweeden et al. v. Farmers Insurance Group et al., from Lonoke Circuit. Affirmed. Griffen and Roaf, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CA99-1512. Martha Stepanian (Rich) v. Douglas C. Stepanian, from Crawford Chancery. Affirmed. Robbins, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
E99-212. Carla L. Love v. Director, Arkansas Employment Security Department and Brentwood Industries, Inc., from Board of Review. Affirmed. Robbins, C.J., Jennings, Crabtree, and Meads, JJ., agree. Griffen, J., dissents. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA99-1242. Rufus Antonio Box v. State of Arkansas, from Nevada Circuit. Affirmed. Robbins, C. J., Hart, Crabtree, and Meads, JJ., agree. Griffen, J., dissents. (5 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR00-545. William Allen Donner v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Stroud, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-126. Sarah Ellison v. Therma Tru and Liberty Mutual Insurance Company and Second Injury Fund, from Workers' Compensation Commission. Affirmed. Hart, Koonce, Stroud, Meads, and Roaf, JJ., agree. Robbins, C.J., Griffen and Neal, JJ., dissent. (14 PAGES + 14-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA00-346. Judy Ford and Patricia Ann Williamson v. James R. Dye, from Ashley Chancery. Affirmed. Robbins, C.J., and Neal, J., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]
K. MAX KOONCE, II, JUDGE:
CACR00-497. Eric Epperson and Christopher King v. State of Arkansas, from Lonoke Circuit. Affirmed. Stroud and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN F. STROUD, JR., JUDGE:
CA00-349. Charles Randall Williams and his wife, Debra Williams v. Charles Bales and his wife, Helen Bales, from Union Chancery, Second Division. Affirmed. Jennings and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CA00-298. Friday Living Trust et al. v. Tampa, Inc. and Jerry O'Steen, from Garland Chancery. Reversed. Pittman and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-329. Betty Cox v. Klipsch & Associates and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman, Bird, and Koonce, JJ., agree. Stroud and Roaf, JJ., dissent. (7 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA00-207. Wanda Malone v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Affirmed. Koonce and Stroud, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CA00-400. Mark Fisher v. Lori Fisher, from Yell Chancery, Southern District. Reversed. Pittman and Hart, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA00-448. Tyson Foods, Inc. v. Vicki Brown, from Workers' Compensation Commission. Affirmed. Pittman and Griffen, JJ., agree. (5 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).
E00-130. Wayne Huckeby v. Director et al.
E00-131. Pamela S. Myers v. Director et al.
E00-132. Saundra Trionfo v. Director et al.
E00-133. Donovan Patterson v. Director et al.
E00-134. Steven D. White v. Director et al.
E00-135. Charles R. Womble v. Director et al.
E00-136. Gerald L. Nicholson v. Director et al.
E00-137. Rhonda G. McIntire v. Director et al.
E00-138. Minniola P. Geiger v. Director et al.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR99-1087. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit. Hart, J., would grant.
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 is granted.CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for extension of time to file complete record is granted. Griffen, J., not participating.
CA00-898. Michele Tyler (formerly Talburt) v. Eddie Talburt, from Benton Chancery. Appellant's motion to supplement the abstract and file a substituted brief is granted. Brief deemed substituted.
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 is granted. Supplemental record to be filed within thirty days. Appellants' brief to be filed within sixty days.
CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Argued orally.
CACR99-1256. Barbara Barnett v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR99-1397. Doyle Dewayne Frye v. State of Arkansas, from Johnson Circuit.
CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit.
CACR00-190. Shane Daughtery v. State of Arkansas, from Pulaski Circuit, First Division.
CACR00-232. James Foster v. State of Arkansas, from Crittenden Circuit.
CACR00-447. Cecil Scott Witt v. State of Arkansas, from Newton Circuit.
CACR00-467. Freddie Ray Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR00-494. Thurman Russell and Carolun Russell v. State of Arkansas, from Baxter Circuit.
CACR00-496. Phetaphay Syakhasone v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR00-523. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Greenwood District.
CA00-74. J & J Marotti, Inc. v. Tom Papachristou, from Crittenden Chancery.
CA00-103. Mitchell Mark Benge, Sr. v. Nicole Batte, from Miller Probate.
CA00-231. Paula J. Jacob v. Timothy D. Jacob, from Pulaski Chancery, Fourth Division.
CA00-315. Scott Truck & Tractor Company of Louisiana, Inc. v. Alma Tractor & Equipment, Inc., from Crawford Circuit.
CA00-419. Business Management Solutions v. Steve Manry d/b/a Graphic Signs et al., from Lonoke Circuit.
CA00-513. Yellow Freight System v. Truman Parker, from Workers' Compensation Commission.
CA00-525. Ronald Burns v. Gary Pierce Construction, from Workers' Compensation Commission.
CA00-526. Kim Cannon v. El Chico, from Workers' Compensation Commission.
CA00-544. Alicia Minton v. Arkansas Department of Human Services, from Benton Chancery.
CA00-586. Tyrone Terrell v. Arkansas Trucking Service et al., from Workers' Compensation Commission.
CA00-600. Rimcor, Inc. et al. v. Albert Broach, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E00-148. Grady Richison v. Director et al.
E00-149. Wayne R. Gee v. Director et al.
E00-150. Todd L. McCoy, Sr. v. Director et al.
E00-151. Linda Townsend v. Director et al.
E00-152. Wendy J. Miller v. Director et al.
E00-153. Tamyra E. Hanna v. Director et al.
E00-155. Debra R. Davis v. Director et al.
E00-156. Chris D. Blanchard v. Director et al.
E00-157. Lyric A. Alexander v. Director et al.
E00-158. Linda Burns v. Director et al.
E00-159. Mary E. Freeman v. Director et al.
E00-160. John L. Smith v. Director et al.