Blagg v. State (Griffen, J.) CACR00-72

Criminal law -- Sentencing; trial judge did not fail to exercise discretion. [HTML, WP5.1]

Elam v. First Unum Life Ins. Co. (Crabtree, J.) CA00-316

Insurance -- Term "mental illness" & policy definition held ambiguous; summary judgment for appellee was improper; reversed& remanded. [HTML, WP5.1]

Hogan v. Holliday (Roaf, J.) CA00-42

New trial -- Grant of not abuse of discretion; affirmed. [HTML, WP5.1]

Killough v. Killough (Crabtree, J.) CA00-306

Divorce -- Testimony indicated that there were no retained earnings to be used in determination of marital assets; appellant required to pay one-half of additional tax liability for unreported income; no error found; alimony prospectively reduced when youngest child begins school; no abuse of discretion found. [HTML, WP5.1]

Kristen Inv. Prop., LLC v. Faulkner County Waterworks and Sewer Pub. Facilities Bd. (Griffen, J.) CA99-1250

Records -- Freedom of Information Act; Attorney's fees authorized where appellee's denial of appellant's request arbitrary conduct; trial court's finding of substantial justification for refusing disclosure was clearly erroneous; trial court abused discretion in denying attorney's fees. [HTML, WP5.1]

Matheny v. Heirs of Oldfield (Griffen, J.) CA00-87

Wills -- Finding that November will executed after October will not clearly erroneous; November will revoked October will; Probate court's finding that November will survived decedent';s death and was lost error; reversed & remanded. [HTML, WP5.1]

Shorter v. Reeves (Roaf, J.) CA99-1270

Adoption -- Parental failure to communicate; trial court's decision that appellant's consent to adoption was not required upheld; trial court did not err in finding that it was in child's best interest to remain with appellees. [HTML, WP5.1]

Barnett v. State, CA CR 99-1256 (Koonce, J.), reversed and remanded for resentencing December 6, 2000 [HTML, WP5.1].

Buchannan v. State, CA CR 00-174 (Hart, J.), affirmed December 6, 2000. [HTML, WP5.1]

Burns v. Gary Pierce Constr., CA 00-525 (Neal, J.), affirmed December 6, 2000. [HTML, WP5.1]

Business Mngmt. Solutions v. Manry, CA 00-419 (Robbins, C.J.), affirmed December 6, 2000. [HTML, WP5.1]

Cain v. Fort Smith Office Supply, CA 00-549 (Griffen, J.), affirmed December 6, 2000. [HTML, WP5.1]

Cannon v. El Chico, CA 00-526 (Griffen, J.), affirmed December 6, 2000. [HTML, WP5.1]

Daugherty v. State, CA CR 00-190 (Jennings, J.), affirmed December 6, 2000. [HTML, WP5.1]

Eagle v. State, CA CR 00-311 (Pittman, J.), affirmed December 6, 2000. [HTML, WP5.1]

Foster v. State, CA CR 00-232 (Robbins, C.J.), affirmed December 6, 2000. [HTML, WP5.1]

Pettet v. State, CA CR 00-152 (Pittman, J.), affirmed December 6, 2000. [HTML, WP5.1]

Rimcor, Inc. v. Broach, CA 00-600 (Meads, J.), affirmed December 6, 2000. [HTML, WP5.1]

Russell v. State, CA CR 00-494 (Neal, J.), affirmed December 6, 2000. [HTML, WP5.1]

Stanturf v. Glidewell, CA 00-189 (Jennings, J.), affirmed December 6, 2000. [HTML, WP5.1]

Terrell v. Arkansas Trucking Serv., CA 00-586 (Roaf, J.), affirmed December 6, 2000. [HTML, WP5.1]

Thompson v. State, CA CR 00-523 (Crabtree, J.), affirmed December 6, 2000. [HTML, WP5.1]

Thurman v. Baker, CA 00-328 (Pittman, J.), appeal dismissed December 6, 2000. [HTML, WP5.1]

Walker v. State, CA CR 00-467 (Stroud, J.), affirmed December 6, 2000. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Evans, CA 00-561 (Pittman, J.), affirmed December 6, 2000. [HTML, WP5.1]

Webb v. State, CA 00-406 (Hart, J.), affirmed in part; reversed and dismissed in part; remanded for resentencing December 6, 2000. [HTML, WP5.1]

Witt v. State, CA CR 00-447 (Bird, J.), affirmed December 6, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CACR00-232. James Foster v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-419. Business Management Solutions v. Steve Manry d/b/a Graphic Signs, from Lonoke Circuit. Affirmed. Hart and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-152. William C. Pettet v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Griffen and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-311. Rudolph Eagle and Calvin Lee Eagle v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Hart and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-328. John B. Thurman v. Marie Baker, Attorney in Fact, from Pulaski Circuit, Third Division. Appeal Dismissed. Hart and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-561. Wal-Mart Stores, Inc. v. Mary Evans, from Workers' Compensation Commission. Affirmed. Hart and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Affirmed. Robbins, C.J., and Neal, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-406. Daniel Christopher Webb v. State of Arkansas, from Conway Chancery. Affirmed in Part; Reversed and Dismissed in Part; Remanded for Resentencing. Robbins, C.J., and Neal, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-190. Shane Daugherty v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Stroud, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-189. Ethel Stanturf v. Betty J. Glidewell d/b/a David's Pie Shop, from Sebastian Circuit. Affirmed. Bird and Stroud, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-447. Cecil Scott Witt v. State of Arkansas, from Newton Circuit. Affirmed. Jennings and Stroud, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR99-1256. Barbara Barnett v. State of Arkansas, from Mississippi Circuit. Reversed and Remanded for Resentencing. Crabtree and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR00-467. Freddie Ray Walker v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Jennings and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-494. Thurman Russell and Carolyn Russell v. State of Arkansas, from Baxter Circuit. Affirmed. Robbins, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-525. Ronald Burns v. Gary Pierce Construction, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-72. Jack Blagg, Jr. v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Pittman and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1250. Kristen Investment Properties, LLC v. Faulkner County Waterworks and Sewer Public Facilities Board d/b/a Faulkner County Public Facilities Board et al., from Faulkner Circuit. Reversed and Remanded. Robbins, C.J., Bird, and Neal, JJ., agree. Koonce and Stroud, JJ., dissent. (8 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-87. Barbara Matheny v. Heirs of Roy Oldfield, from Sharp Probate. Affirmed in Part; Reversed and Remanded in Part. Koonce and Stroud, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA00-526. Kim Cannon v. El Chico, from Workers' Compensation Commission. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-549. Fred Cain v. Fort Smith Office Supply, from Workers' Compensation Commission. Affirmed. Pittman and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-523. Edward Eugene Thompson v. State of Arkansas, from Sebastian Circuit. Affirmed. Koonce and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-306. Kelly Killough v. Larry Killough, from White Chancery. Affirmed. Jennings and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Reversed and Remanded. Koonce and Meads, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CA00-600. Rimcor, Inc. and Superior National Insurance Group v. Albert Broach, from Workers' Compensation Commission. Affirmed. Koonce and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-1270. Heather Shorter v. Jerry Reeves and Judy Reeves, from Jefferson Probate. Affirmed. Pittman, Stroud, Griffen, and Crabtree, JJ., agree. Hart, Jennings, Neal, and Meads, JJ., dissent. (7 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-42. Elizabeth Hogan v. Brenda Holliday, from Union Circuit. Affirmed. Pittman, Hart, Jennings, and Meads, JJ., agree. Crabtree, J., dissents. (4 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-586. Tyrone Terrell v. Arkansas Trucking Service, from Workers' Compensation Commission. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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. Hart, J., not participating.

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CACR99-1256. Barbara Barnett v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Mikke Connealy Marshall for attorney's fees is denied.

CACR00-311. Rudolph Eagle v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of John C. Stratford for attorney's fees is granted. Allowed $850.00.

CACR00-523. Eddie Thompson v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $850.00.

CACR00-1030. Gregory F. Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days. Brief due within sixty days.

CACR00-1126. Sheila Collins v. State of Arkansas, from Faulkner Circuit. Appellant's motion to supplement the record and for brief time is granted.

CACR00-1126. Sheila Collins v. State of Arkansas, from Faulkner Circuit. Motion of Lynn Frank Plemmons to be relieved as counsel for appellant is denied without prejudice.

CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion to recall mandate is denied. Clerk instructed not to accept any further filings in this case.

CA99-1201. Helen Bowers et al. v. J. Harmon Smith et al., from St. Francis Probate. Motion of appellee, B. Michael Easley, to dismiss appeal is granted. Pittman and Roaf, JJ., not participating.

CA99-1242. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit. Motion of Scott S. Freydl for attorney's fees is granted. Allowed $850.00.

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

CA00-1043. George S. Mackey et ux. v. First Community Bank, from Pulaski Chancery, First Division. Appellants' motion to file amended and substituted brief is granted. Neal and Griffen, JJ., not participating.

CA00-1339. JE Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit. Appellee's motion to dismiss appeal is denied. Roaf, J., not participating.

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

PETITIONS FOR REHEARING:

CA00-98. Cheryl Paslay Brewer et al. v. Arkansas Department of Human Services, from White Chancery.

CA00-297. James Gallion v. Phillip Cole and Nationwide Mutual Insurance Company, from Craighead Circuit, Western District.

E00-122. Donna M. Simpson v. Director et al., from Board of Review.

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CACR00-321. Timothy Don Boson v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees.

CACR00-905. Cartrell McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion for clarification and stay of brief time.

CACR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.

CA00-1172. J-Mar Express et al. v. Carl Hutson, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA00-1223. Wal-Mart Stores, Inc. v. The P.O. Market, Inc. et al., from Miller Circuit. Appellant's motion for writ of certiorari to complete the record and for new briefing schedule.

CA00-1279. Robert Fewell et al. v. Mike Pickens, Receiver of American Investors Life Insurance Company, from Pulaski Circuit, Seventh Division. Appellants' motion to correct the record.

CA00-1355. Anthony C. Kenney v. Dixie Restaurant, from Workers' Compensation Commission. Appellant's pro se motion to proceed in forma pauperis.

E00-291. Lalman Mobile Home Park v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA00-681. City Slickers, Inc. et al. v. Joseph E. Douglas, from Pulaski Chancery, Fourth Division. Argued orally.

CACR00-388. Kevin Douglas Casey v. State of Arkansas, from Hot Spring Circuit.

CACR00-390. Steve V. Moore v. State of Arkansas, from Drew Circuit.

CACR00-498. Walatha Love v. State of Arkansas, from Crittenden Circuit.

CACR00-621. Trisha Anne Miller v. State of Arkansas, from Drew Circuit.

CACR00-678. Bobby Ray McDaniel v. State of Arkansas, from Washington Circuit.

CACR00-685. Edmar Jermaine Higgins v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA00-131. Altis Holliman et ux. v. Delbert Liles et al., from Cleburne Chancery.

CA00-268. Cheryl Paslay v. Arkansas Department of Human Services, from White Chancery.

CA00-376. Sharonna Hollister v. Arkansas Department of Human Services, from Pulaski Chancery, Eighth Division.

CA00-474. Michael Ray White v. Cathy Lynn White, from Benton Chancery.

CA00-479. Larry R. Froelich v. Billy Dean Graham et al., from Washington Chancery.

CA00-504. W. Quinten Cole v. Garnet L. Cole, from Pope Chancery.

CA00-524. Rosemary Conville v. John D. Conville, from Faulkner Chancery.

CA00-558. Greene County Road Department et al. v. Dewey L. Potter, from Workers' Compensation Commission.

CA00-578. Stephen Goodwin v. Phillips Petroleum Company, from Workers' Compensation Commission.

CA00-632. Second Injury Fund v. Edmond Lewis et al., from Workers' Compensation Commission.

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

E00-171. Yvonne Dancy v. Director et al.

E00-172. Acklin Drilling Company, Inc. v. Director et al.

E00-173. Michael Goodwin v. Director et al.

E00-174. Debbie K. Howorka v. Director et al.

E00-175. Wanda Pruitt v. Director et al.

E00-176. Dan H. Lundy v. Director et al.

E00-177. Deborah K Dodson v. Director et al.

E00-180. Donald McCartha v. Director et al.

E00-181. Michael A. Portwood v. Director et al.