ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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72 Ark. App.

Opinions delivered
December 13, 2000


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Bell v. Wardell (Bird, J.) CA99-1499

Parent & child -- Surname change; child's surname changed to that of appellee; decision not clearly erroneous. [HTML, WP5.1]

Breslau v. McAlister (Stroud, J.) CA00-445

Witnesses -- Objection to testimony for lack of foundation; error waived where motion to strike does not follow cross-examination; trial court did not abuse discretion in admitting neurologist's testimony. [HTML, WP5.1]

Crismon v. Crismon (Koonce, J.) CA00-65

Divorce -- "Fair value" standard; use of not clearly erroneous; application of "marketability discount" in valuation calculation not error. [HTML, WP5.1]

Johnson v. Guardianship of Ratcliff (Jennings, J.) CA00-80

Guardian & ward -- Approval of attorney's fee payable from ward's estate; affirmed where probate court was in position to assess value of services to estate. [HTML, WP5.1]

Kristie's Katering, Inc. v. Ameri (Bird, J.) CA99-1374

Negligence -- Negligent supervision; finding supported by sufficient evidence; testimony about medical bills allowed; no abuse of discretion found; witness lived more than 100 miles away; no abuse of discretion in allowing deposition to be used. [HTML, WP5.1]

Maneth v. Tucker (Roaf, J.) CA00-326

Negligence -- Negligent supervision; no basis to find appellants liable; trial court erred in failing to grant directed verdict in favor of appellants. [HTML, WP5.1]

Rice v. Georgia Pacific Corp. (Roaf, J.) CA00-97

Workers' compensation -- Appellant failed to make prima facie case that h fell within odd-lot doctrine; appellant failed to prove total incapacity; substantial evidence supported finding that appellant failed to establish Second Injury Fund liability. [HTML, WP5.1]

Scott Truck and Tractor Co. of La., Inc. v. Alma Tractor & Equip., Inc. (Hart, J.)CA00-315

Business & commercial law -- Error in debtor's name in financing statement; appellants not prevented from establishing that security interest was perfected; denial of directed verdict affirmed where trial court reached correct result. [HTML, WP5.1]

St. Paul Reinsurance Co. v. Irons (Neal, J.) CA00-433

Insurance -- Valued-policy law; applicable to more than one policy covering same property; trial court properly entered summary judgment in favor of insured. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Beulah v. State, CA CR 00-506 (Stroud, J.), affirmed December 13, 2000. [HTML, WP5.1]

Garcia v. State, CA CR 00-26 (Hart, J.), affirmed in part, reversed in part, and remanded December 13, 2000. [HTML, WP5.1]

Goines v. Best Buy, Inc., CA 00-590 (Robbins, C.J.), affirmed December 13, 2000. [HTML, WP5.1]

Hall v. State, CA CR 00-172 (Jennings, J.), affirmed December 13, 2000. [HTML, WP5.1]

Harrelson v. Easley, CA 00-490 (Robbins, C.J.), reversed and dismissed December 13, 2000. [HTML, WP5.1]

Van Meter v. Whirlpool Corp., CA 00-557 (Roaf, J.), affirmed December 13, 2000. [HTML, WP5.1]

Yellow Freight Sys. v. Parker, CA 00-513 (Bird, J.), dismissed December 13, 2000. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Bechtel v. Director of Labor, E 00-163, December 13, 2000.

Bishop v. Director of Labor, E 00-170, December 13, 2000.

Hamous v. Director of Labor, E 00-169, December 13, 2000.

Sloan v. Director of Labor, E 00-164, December 13, 2000.

Smith v. Director of Labor, E 00-166, December 13, 2000.

Thomas v. Director of Labor, E 00-162, December 13, 2000.

Wallick Music Co. v. Director of Labor, E 00-161, December 13, 2000.

Williams v. Director of Labor, E 00-165, December 13, 2000.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CA00-490. F. Daniel Harrelson v. B. Michael Easley, from St. Francis Chancery. Reversed and Dismissed. Hart and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-590. Ricky Goines v. Best Buy, Inc., from Workers? Compensation Commission. Affirmed. Hart and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-26. Mara Garcia v. State of Arkansas, from Crawford Circuit. Affirmed in Part, Reversed in Part, and Remanded. Robbins, C.J., and Neal, J., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-315. Scott Truck and Tractor Company of Louisiana, Inc. et al. v. Alma Tractor & Equipment, Inc., from Crawford Circuit. Affirmed in Part; Reversed in Part, and Remanded. Robbins, C.J., and Neal, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-172. Jeanette Raylene Hall v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Stroud, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-80. Levern Johnson v. Guardianship of Rachael Renea Ratcliff, from Garland Probate. Affirmed. Robbins, C.J., Hart, and Meads, JJ., agree. Griffen and Crabtree, JJ., dissent. (7 PAGES PUBLISHED, 7 pages dissent) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA99-1374. Kristie's Katering, Inc. v. Nasser Ameri, from Pulaski Circuit. Affirmed. Jennings, Neal, Crabtree, and Roaf, JJ., agree. Robbins, C.J., dissents. (13 PAGES PUBLISHED, 3 pages dissent) [HTML, WP5.1]

CA99-1499. Tonya Bell v. Michael Wardell, from Perry Chancery. Affirmed. Jennings and Stroud, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-513. Yellow Freight System v. Truman Parker, from Workers? Compensation Commission. Dismissed. Jennings and Stroud, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA00-65. Suzanne H. Crismon v. John S. Crismon, from Pulaski Chancery. Affirmed. Robbins, C.J., Bird, Stroud, and Neal, JJ., agree. Griffen, J., concurs in part and dissents in part. (5 PAGES PUBLISHED, 3 pages concur/dissent) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR00-506. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Jennings and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-445. Jay B. Breslau et al. v. Mitchell S. McAlister, M.D. et al., from Washington Circuit. Affirmed. Bird, Koonce, Crabtree, and Roaf, JJ., agree. Griffen, J., dissents. (9 PAGES PUBLISHED, 4 pages dissent) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-433. St. Paul Reinsurance Company, Inc. v. Cheryl Irons, from Desha Circuit. Affirmed. Robbins, C.J., and Hart, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-97. Delton Rice v. Georgia Pacific Corporation, from Workers? Compensation Commission. Affirmed. Hart, Jennings, Koonce, Crabtree, and Meads, JJ., agree. Robbins, C.J., Bird, and Griffen, JJ., dissent. (7 PAGES PUBLISHED, 4 pages dissent) [HTML, WP5.1]

CA00-326. M.J. Maneth and Marion Maneth v. Nicholas Tucker, from Lonoke Circuit. Reversed and Dismissed. Pittman and Griffen, JJ., agree.(7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-557. Carolyn Van Meter v. Whirlpool Corporation, from Workers? Compensation Commission. Affirmed. Pittman and Griffen, JJ., agree. (8 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).

E00-161. 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.

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

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

PER CURIAM ORDERS

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

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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CACR00-26. Mara Garcia v. State of Arkansas, from Crawford Circuit. Motion of James Robb for attorney's fees is granted. Allowed $850.00.

CACR00-321. Timothy Don Boson v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $750.00.

CA00-709. Charles R. Stewart et ux. v. Pauline G. Martin et al., from Pulaski Chancery, Sixth Division. Appellees' motion to dismiss appeal is denied. Appellant's request to supplement the record is granted. Supplement to be filed within thirty days.

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

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 is granted. Supplemental record to be filed within thirty days. Appellant's abstract and brief to be filed within fourteen days thereafter. Koonce, J., not participating.

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

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

MOTIONS SUBMITTED

CACR00-477. Darrell Patrick Fouse v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated reply brief.

CACR00-621. Tricia Anne Miller v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees.

CACR00-1194. James E. Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief.

CA00-786. Leroy Carter v. Hoffinger Industries et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

CA00-951. Greg Bartlett v. Jasper Ramsey, from Yell Chancery, Northern District. Appellee's motion to remand to settle the record.

CA00-961. Billy Carpenter v. Stanley Ziomek, M.D., from Drew Circuit. Appellant's motion to file belated reply brief.

CA00-985. Carey Barker v. Rogers Group, Inc. et al., from Faulkner Circuit. Appellant's motion to file belated reply brief.

CA00-1143. James Irby Seay, Jr. et al. v. Helen S. Quinn and First United Bank, from Arkansas Probate, Northern District. Appellants' motion to strike appellee's brief.

CA00-1357. Arkansas Department of Human Services v. Rose Huff et al., from Sebastian Chancery, Fort Smith District. Appellant's petition for writ of certiorari to complete the record and for brief time.

CA00-1370. Bobby Don Williams et ux. v. Mike Thomas et al., from Lonoke Chancery. Motion of Barbara P. Bonds to be relieved as counsel for appellants.

SUBMISSIONS

CACR00-219. Thurman Cagle, Jr. v. State of Arkansas, from Franklin Circuit, Northern District.

CACR00-233. Gary F. Williams v. State of Arkansas, from Crittenden Circuit.

CACR00-250. Ronnie L. Laster v. State of Arkansas, from Izard Circuit.

CACR00-259. Ethan Eric Torrence v. State of Arkansas, from Izard Circuit.

CACR00-327. Arliss Whitney v. State of Arkansas, from Crittenden Circuit.

CACR00-363. James L. Sanders, Jr. v. State of Arkansas, from Crittenden Circuit.

CACR00-366. Charles E. Glenn, Jr. v. State of Arkansas, from Crittenden Circuit.

CACR00-372. George Christopher v. State of Arkansas, from Garland Circuit.

CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-458. Dianna Smith v. State of Arkansas, from Chicot Circuit.

CACR00-472. Michael Wiley v. State of Arkansas, from Garland Circuit.

CACR00-475. Stanley Earl Garry v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-543. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-611. Willie Lee Brown v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR00-625. Walter Wright v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-726. Kent Allan Wyatt v. State of Arkansas, from Fulton Circuit.

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

E00-183. John E. James v. Director et al.

E00-184. Cleta M. James v. Director et al.

E00-185. Tachany C. Evans v. Director et al.

E00-186. Terry M. Cowan v. Director et al.

E00-187. Deborah J. Miller v. Director et al.

E00-188. Tommie L. McGraw v. Director et al.

E00-189. Jim E. Christian v. Director et al.

E00-192. Douglas L. Brinkley v. Director et al.

E00-194. Teressia G. Tolman v. Director et al.