Atkinson v. Atkinson (Hart, J.) CA00-88

Parent & child -- Custody; award based solely on presumption that siblings should be kept together is contrary to Act 278 of 1979; chancellor's finding that it was in younger child's best interest that custody be awarded to appellee not clearly erroneous. [HTML, WP5.1]

Fratesi v. Fogleman (Robbins, C.J.) CA00-368

Appeal & error -- Pleadings could have been treated as motion for summary judgment; denial of motion for summary judgment not appealable; statutory defense raised by appellant clearly excluded. [HTML, WP5.1]

Superior Indus. v. Thomaston (Robbins, C.J.) CA00-24

Workers' compensation -- Law strictly construed; fact that appellant did not refuse employment controlling; award of temporary total disability supported by substantial evidence; surgery controverted; Commission's ruling affirmed. [HTML, WP5.1]

Wynne Pub. Sch. v. Lockhart (Stroud, J.) CA00-299

Schools & school districts -- Disorderly conduct; school boards required to hold pupils strictly accountable for; trial court erred in finding that appellee had proved that appellants abused discretion in expelling student. [HTML, WP5.1]

Anderson v. State (Per Curiam) CACR00-251

Evidence -- Assertion of self-defense does not put defendant's character in issue; error went to heart of case; reversed & remanded. [HTML, WP5.1]

Brumley v. Entergy Servs., Inc., CA 00-332 (Roaf, J.), affirmed November 29, 2000. [HTML, WP5.1]

Buchanan v. State, CA CR 00-271 (Pittman, J.), affirmed November 29, 2000. [HTML, WP5.1]

Calvin v. Mungary, CA 00-399 (Pittman, J.), reversed and remanded November 29, 2000. [HTML, WP5.1]

Columbia Health Care, Inc. v. Anderson, CA 00-542 (Robbins, C.J.), affirmed November 29, 2000. [HTML, WP5.1]

Cross v. Tittle, CA 00-426 (Neal, J.), affirmed November 29, 2000. [HTML, WP5.1]

Dootson v. State, CA CR 00-450 (Koonce, J.), affirmed November 29, 2000. [HTML, WP5.1]

Epperson v. State, CA CR 00-238 (Griffen, J.), affirmed November 29, 2000. [HTML, WP5.1]

Harmon v. State, CA CR 00-369 (Crabtree, J.), affirmed November 29, 2000. [HTML, WP5.1]

Northwest Ark. Recovery, Inc. v. Lockhart, CA 00-394 (Neal, J.), affirmed in part; dismissed in part November 29, 2000. [HTML, WP5.1]

Pinckney v. State, CA CR 00-440 (Bird, J.), affirmed November 29, 2000. [HTML, WP5.1]

Reid v. State, CA CR 00-79 (Griffen, J.), affirmed November 29, 2000. [HTML, WP5.1]

Simon v. Farmers Ins. Co., CA 00-380 (Roaf, J.), appeal dismissed November 29, 2000. [HTML, WP5.1]

Sweeney v. State, CA CR 99-206 (Roaf, J.), affirmed; Motion to Withdraw granted November 29, 2000. [HTML, WP5.1]

Van Buren County Bd. of Educ. v. Clinton Sch. Dist., CA 00-337 (Bird, J.), affirmed November 29, 2000. [HTML, WP5.1]

Williams v. State, CA CR 00-432 (Jennings, J.), affirmed November 29, 2000. [HTML, WP5.1]

Alexander v. Director of Labor, E 00-157, November 29, 2000.

Blanchard v. Director of Labor, E 00-156, November 29, 2000.

Burns v. Director of Labor, E 00-158, November 29, 2000.

Davis v. Director of Labor, E 00-155, November 29, 2000.

Freeman v. Director of Labor, E 00-159, November 29, 2000.

Gee v. Director of Labor, E 00-149, November 29, 2000.

Hanna v. Director of Labor, E 00-153, November 29, 2000.

McCoy v. Director of Labor, E 00-150, November 29, 2000.

Miller v. Director of Labor, E 00-152, November 29, 2000.

Richison v. Director of Labor, E 00-148, November 29, 2000.

Smith v. Director of Labor, E 00-160, November 29, 2000.

Townsend v. Director of Labor, E 00-151, November 29, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CA00-24. Superior Industries v. William Thomaston, from Workers' Compensation Commission. Affirmed. Pittman, Stroud, and Neal, JJ., agree. Crabtree and Meads, JJ., dissent. (7 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-368. Joe Fratesi v. Julian B. Fogleman, from Crittenden Circuit. Affirmed. Hart and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-542. Columbia Health Care, Inc. v. Letha Anderson, from Workers' Compensation Commission. Affirmed. Hart and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-271. Sanford Buchanan v. State of Arkansas, from Lonoke Circuit. Affirmed. Hart and Meads, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-399. Richard Thomas Calvin, Jr. and Sharon Kay Calvin v. Missy Dawn Mungary, from Benton Probate. Reversed and Remanded. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-88. Steven Daniel Atkinson v. Deborah D. Atkinson, from Columbia Chancery. Affirmed. Robbins, C.J., and Neal, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-432. Kenneth Williams v. State of Arkansas, from Jefferson Circuit. Affirmed. Bird and Stroud, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-440. Dawond Pinckney v. State of Arkansas, from Garland Circuit. Affirmed. Jennings and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-337. Van Buren County Board of Education v. Clinton School District, from Van Buren Circuit. Affirmed. Jennings and Stroud, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR00-450. Christopher Dootson v. State of Arkansas, from Benton Circuit. Affirmed. Stroud, J., agrees. Griffen, J., concurs. (3 PAGES + 8-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA00-299. Wynne Public Schools et al. v. Donna Lockhart, as Parent and Next Friend of Dominic Lockhart, from Cross Chancery. Reversed. Jennings and Bird, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-394. Northwest Arkansas Recovery, Inc., and Washington County v. Tom Lockhart and his wife, Elizabeth Lockhart, from Washington Circuit. Affirmed in Part; Dismissed in Part. Robbins, C.J., and Hart, J., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-426. Laura B. Cross v. Larry Justin Tittle, from Saline Chancery. Affirmed. Robbins, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-79. Abraham A. Reid a/k/a Anderson v. State of Arkansas, from Sebastian Circuit. Affirmed. Koonce and Stroud, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-238. Jennifer Epperson v. State of Arkansas, from Pulaski Circuit. Affirmed. Koonce and Stroud, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-369. Henry Alexander Harmon v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-206. Robert S. Sweeney v. State of Arkansas, from Pulaski Circuit. Affirmed; Motion to Withdraw Granted. Pittman and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-332. Gerald Brumley and Ruth Brumley, his wife v. Entergy Services, Inc., from Garland Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-380. Penny Jean Plumblee Simon v. Farmers Insurance Company, Inc., from Carroll Circuit, Eastern District. Appeal Dismissed. Pittman and Griffen, 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).

E00-148. 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.

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

CACR99-1096. Tom Donovan v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-1360. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Hart and Roaf, JJ., would grant.

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

CACR00-251. David A. Anderson v. State of Arkansas, from Greene Circuit. See substituted opinion this date. Stroud, J., concurs. (3 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

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

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

CA00-50. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery.

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CACR99-340. Donald Ray Frazier, Jr. v. State of Arkansas, from Jefferson Circuit. Motion of John L. Kearney for attorney's fees is granted. Allowed $850.00.

CACR99-1096. Tom Donovan v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to correct factual errors in opinion is denied.

CACR00-59. Gregory Charles Byndom v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to include informational and jurisdictional statements in reply brief, or, alternatively, to file substituted cross-appellant's brief containing the statements. Leave granted to include statements in reply brief.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Appellant's motion to file belated supplemental transcript is granted.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion to file belated supplemental record is granted. Koonce, J., not participating.

CA00-738. Gladys F. Bryant v. Ferne Pettingill, from Faulkner Chancery. Appellee's motion to file belated brief is granted.

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 is denied without prejudice.

CA00-876. The Entertainment and Leisure Corporation v. Razorback Entertainment Corporation et al., from Garland Chancery. Appellees' motion for extension of brief time is granted.

CA00-884. Rex Rowell v. Curt Bean Transport, from Workers' Compensation Commission. Appellee's motion to dismiss appeal is denied.

CA00-993. Daniel Newell Lestina et ux. v. Melissa A. Lestina, from Benton Probate. Appellants' motion for expedited consideration is granted.

CA00-1280. Barbara McKee v. Bob Harrison et al., from Craighead Chancery, Western District. Appellees' motion to dismiss appeal is granted.

E00-237. Doyle Green v. Director et al., from Board of Review. Appellant's pro se motion to produce record is denied.

PETITIONS FOR REHEARING:

CACR99-863. Reginald J. Dunn v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-383. Ronald Jerome Robinson v. State of Arkansas, from Crittenden Circuit.

CA00-13. James E. Wilmans, Jr. v. Guilford M. Dudley and Retha J. Dudley, from Jackson Chancery.

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CACR00-26. Mara Garcia v. State of Arkansas, from Crawford Circuit. Motion of James Robb for attorney's fees.

CACR00-1030. Gregory F. Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion to recall mandate.

CA99-1242. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit. Motion of Scott S. Freydl for attorney's fees.

CA99-1466. Ottie Hooker v. Producers Tractor Company, from St. Francis Chancery. Appellee's motion to dismiss appeal, or, alternatively, to strike all references to appellee's summary judgment from appellant's abstract, brief and addendum.

CA00-709. Charles R. Stewart et ux. v. Pauline G. Martin et al., from Pulaski Chancery, Sixth Division. Appellees' motion to dismiss appeal and to stay briefing schedule.

CA00-784. Lois Branscum v. Jerry Passmore, from Searcy Chancery. Appellant's motion for additional brief time.

CA00-1043. George S. Mackey et ux. v. First Community Bank, from Pulaski Chancery, First Division. Appellants' motion to file amended and substituted brief.

CA00-1272. Robert Fewell et al. v. Mike Pickens, Receiver of American Investors Life Insurance Company, from Pulaski Circuit, Seventh Division. Appellants' motion to strike appellee's reply, or in the alternative, motion for leave to file responsive pleading.

CA00-1339. JE Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit. Appellee's motion to dismiss appeal.

E00-278. Enyioma Achilefu v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA99-1201. Helen Bowers et al. v. J. Harmon Smith et al., from St. Francis Probate. Argued orally.

CA00-490. F. Daniel Harrelson v. B. Michael Easley, from St. Francis Chancery. Argued orally.

CA00-433. St. Paul Reinsurance Co., Inc. v. Cheryl Irons, from Desha Circuit, Arkansas City District. Argued orally.

CACR99-551. Daniel W. Johnson v. State of Arkansas, from Saline Circuit.

CACR00-26. Mara Garcia v. State of Arkansas, from Crawford Circuit.

CACR00-172. Raylene Jeanette Hall v. State of Arkansas, from Washington Circuit.

CACR00-279. Jose Barrientos v. State of Arkansas, from Faulkner Circuit.

CACR00-506. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-627. Michael Porter v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA99-1466. Ottie Hooker v. Producers Tractor Company, from St. Francis Chancery.

CA99-1499. Tonya Bell v. Michael Wardell, from Perry Chancery.

CA00-326. Marion Maneth et al. v. Nicholas Tucker, from Lonoke Circuit.

CA00-396. Betty M. Hearne v. David Blaine Banks, from Sebastian Chancery, Fort Smith District.

CA00-431. Joyce Blake et al. v. Jimmy Williams et al., from Sharp Chancery.

CA00-442. Tammy (Briggs) Berry v. Randy F. Briggs, from Arkansas Chancery, Southern District.

CA00-557. Carolyn Van Meter v. Whirlpool Corporation, from Workers' Compensation Commission.

CA00-566. Union County v. Judith Hughes, from Workers' Compensation Commission.

CA00-590. Ricky Goines v. Best Buy, Inc., from Workers' Compensation Commission.

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

E00-161. Wallick Music Company, Inc. v. Director et al.

E00-162. Major Thomas v. Director et al.

E00-163. Carolyn Bechtel v. Director et al.

E00-164. Regina Sloan v. Director et al.

E00-165. Sclester Williams v. Director et al.

E00-166. Melanie Smith v. Director et al.

E00-168. Marilyn K. Atkinson v. Director et al.

E00-169. Roy W. Hamous v. Director et al.

E00-170. Alicia L. Bishop v. Director et al.