Baker v. Radiology Associates (Jennings, J.) CA00-229

Negligence -- Medical malpractice; continuous-treatment doctrine does not apply to single act of alleged negligence; continuous-course-of-treatment rule inapplicable. [HTML, WP5.1]

Bearden v. Arkansas Dep't of Human Servs. (Hart, J.) CA00-206

Parent & child -- Termination of parental rights; right of self representation must be balanced against best interests of child. [HTML, WP5.1]

Byars Constr. Co. v. Byars (Robbins, C.J.) CA00-192

Workers' compensation -- Rule provided for implementation of voluntary managed care system; Commission's interpretation of rule not clearly wrong; Commission's conclusion contrary to statute; no substantial evidence supported finding that orthopedist was authorized treating physician; Commission reversed; surgery by unauthorized physician reasonable & necessary; award of temporary total disability benefits affirmed. [HTML, WP5.1]

Guydon v. State (Roaf, J.) CACR99-1042

Evidence -- Chain-of-custody; reversal and remanded for new trial warranted. [HTML, WP5.1]

Haney v. Phillips (Jennings, J.) CA00-365

Mortgages -- Lien preserved notwithstanding discharge of debtor; creditor's right to foreclose on mortgage survives or passes through bankruptcy; reversed & remanded where trial court erred in dismissing mortgage foreclosure complaint. [HTML, WP5.1]

Harris v. State (Bird, J.) CACR00-438

Criminal law -- Evidence sufficient to affirm aggravated assault charge; terms of probation violated; sufficient chain of custody given; gun properly allowed into evidence. [HTML, WP5.1]

Holliman v. Liles (Pittman, J.) CA00-131

Municipal corporations -- Vacation of street; whether appellants considered abutting property owners issue of material fact that should have been tried; chancellor erred in dismissing appellants' complaint; reversed & remanded. [HTML, WP5.1]

Jones v. State (Meads, J.) CACR99-1119

Criminal law -- Second-degree battery; sufficient evidence to support finding; first-degree terroristic threatening; sufficient evidence from which jury could infer appellant's purpose; trial judge did not abuse discretion in admitting independently relevant evidence of appellant's second-degree murder conviction. [HTML, WP5.1]

Minton v. Arkansas Dep't of Human Servs. (Roaf, J.) CA00-544

Parent & child -- Termination of parental rights; insufficient evidence to show appellant wilfully failed to pay support; chancellor's conclusion that young child had not and was unlikely to bond with appellant clearly erroneous; reversed & remanded. [HTML, WP5.1]

Pyle v. Sayers (Jennings, J.) CA99-1502

Wills -- Mental capacity to make; testimony sufficient to establish that testatrix competent to execute will & that will not product of undue influence; trial court's decision affirmed. [HTML, WP5.1]

Rose v. State (Pittman, J.) CACR00-227

Criminal law -- Accomplice testimony; denial of directed verdict not error where corroborating evidence was sufficient; Batson objection; defendant met burden of showing purposeful discrimination; error not harmless; reversed & remanded. [HTML, WP5.1]

Simmons v. State (Bird, J.) CACR99-1468

Criminal procedure -- Conditional plea of guilty; appeal dismissed where appellant failed to comply with Ark. R. Crim. P. 24.3. [HTML, WP5.1]

Stiger v. State Line Tire Serv. (Bird, J.) CA99-1426

Workers' compensation -- Substantial evidence supported Commission's finding that appellee did not willfully terminate employment. [HTML, WP5.1]

Trigg v. Director (Neal, J.) E00-34

Unemployment compensation -- Appellant not entitled to benefits received; decision that appellant liable to repay benefits affirmed. [HTML, WP5.1]

Benge v. Batte, CA 00-103 (Pittman, J.), affirmed December 20, 2000. [HTML, WP5.1]

Berry v. Briggs, CA 00-442 (Stroud, J.), remanded on appeal and cross-appeal December 20, 2000. [HTML, WP5.1]

Casey v. State, CA CR 00-388 (Jennings, J.), affirmed December 20, 2000. [HTML, WP5.1]

Conville v. Conville, CA 00-524 (Neal, J.), affirmed December 20, 2000. [HTML, WP5.1]

Froelich v. Cox, CA 00-479 (Roaf, J.), reversed and remanded December 20, 2000. [HTML, WP5.1]

Frye v. State, CA CR 99-1397 (Pittman, J.), affirmed December 20, 2000. [HTML, WP5.1]

Greene County Road Dep't v. Potter, CA 00-558 (Roaf, J.), affirmed December 20, 2000. [HTML, WP5.1]

Hearne v. Banks, CA 00-396 (Griffen, J.), affirmed December 20, 2000. [HTML, WP5.1]

Higgins v. State, CA CR 00-685 (Griffen, J.), affirmed and remanded for entry of corrected sentence December 20, 2000. [HTML, WP5.1]

Hollister v. Dep't of Human Servs., CA 00-376 (Robbins, C.J.), affirmed December 20, 2000. [HTML, WP5.1]

Hooker v. Producers Tractor Co., CA 99-1466 (Per Curiam), Appellee's Motion to Dismiss Appeal granted December 20, 2000. [HTML, WP5.1]

J&J Marotti, Inc. v. Papachristou, CA 00-74 (Stroud, J.), reversed and dismissed on direct appeal; affirmed on cross-appeal December 20, 2000. [HTML, WP5.1]  Supplemental opinion upon denial of rehearing. (February 7, 2001) [HTML, WP5.1]

Jacob v. Jacob, CA 00-231 (Jennings, J.), affirmed December 20, 2000. [HTML, WP5.1]

James v. State, CA CR 00-608 (Neal, J.), affirmed December 20, 2000. [HTML, WP5.1]

Jones v. Saulsberry, CA 00-359 (Pittman, J.), reversed and remanded December 20, 2000. [HTML, WP5.1]

Love v. State, CA CR 00-498 (Bird, J.), affirmed December 20, 2000. [HTML, WP5.1]

McDaniel v. State, CA CR 00-678 (Neal, J.), affirmed December 20, 2000. [HTML, WP5.1]

Moore v. State, CA CR 00-390 (Robbins, C.J.), affirmed December 20, 2000. [HTML, WP5.1]

Paslay v. Arkansas Dep't of Human Servs., CA 00-268 (Jennings, J.), affirmed December 20, 2000. [HTML, WP5.1]

Acklin Drilling Co. v. Director of Labor, E 00-172, December 20, 2000.

Dancy v. Director of Labor, E 00-171, December 20, 2000.

Dodson v. Director of Labor, E 00-177, December 20, 2000.

Goodwin v. Director of Labor, E 00-173, December 20, 2000.

Howorka v. Director of Labor, E 00-174, December 20, 2000.

Lundy v. Director of Labor, E 00-176, December 20, 2000.

McCartha v. Director of Labor, E 00-180, December 20, 2000.

Portwood v. Director of Labor, E 00-181, December 20, 2000.

Pruitt v. Director of Labor, E 00-175, December 20, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR00-390. Steve Vincent Moore v. State of Arkansas, from Drew Circuit. Affirmed. Stroud and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-192. Byars Construction Company v. Clifton Byars, from Workers' Compensation Commission. Affirmed in Part; Reversed in Part and Remanded. Bird and Neal, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA00-376. Sharonna Hollister v. Department of Human Services, from Pulaski Chancery. Affirmed. Stroud and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-1397. Doyle Dewayne Frye v. State of Arkansas, from Johnson Circuit. Affirmed. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-227. Ambrossial Odell Rose and Percy Deshon Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Griffen and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-103. Mitchell Mark Benge, Sr. v. Nicole Batte, from Miller Probate. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-131. Altis Holliman and Judy Holliman v. Delbert Liles, Barbara Liles, and The City of Quitman, from Cleburne Chancery. Reversed and Remanded. Jennings and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-359. Gayle L. Saulsberry Jones v. Daryle B. Saulsberry, from Conway Chancery. Reversed and Remanded. Hart and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-206. Judy Ann Bearden v. Arkansas Department of Human Services, from Saline Chancery. Reversed and Remanded. Pittman and Stroud, JJ., agree. Griffen, J., concurs. Koonce and Meads, JJ., dissent. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-388. Kevin Douglas Casey v. State of Arkansas, from Hot Spring Circuit. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1502. Michael Pyle v. Brian Sayers, from Union Probate. Affirmed. Pittman, Hart, Bird, and Koonce, JJ., agree. Stroud, Neal, Griffen, and Crabtree, JJ., dissent. (12 PAGES + 13-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-229. Anna Mae Baker v. Radiology Associates, P.A. et al., from Pulaski Circuit. Affirmed. Bird and Stroud, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

CA00-231. Paula Jacob v. Tim Jacob, from Pulaski Chancery. Affirmed. Bird and Stroud, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-268. Cheryl Paslay v. Arkansas Department of Human Services, from White Chancery, Juvenile Division. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-365. Russell D. Haney v. William Phillips, from Pulaski Chancery. Reversed and Remanded. Pittman and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1468. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit. Dismissed. Robbins, C.J., Jennings, Koonce, Griffen, Crabtree, and Meads, JJ., agree. Hart and Roaf, JJ., dissent. (8 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-438. Pamela Tatrice Harris v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Neal, J., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-498. Walatha Love v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1426. Alvin Stiger v. State Line Tire Service and Federated Insurance Co., from Workers' Compensation Commission. Affirmed. Jennings, Neal, and Meads, JJ., agree. Robbins, C.J., and Griffen, J., concur. (15 PAGES + 5-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA00-74. J&J Marotti, Inc. v. Tom Papachristou, from Crittenden Chancery. Reversed and Dismissed on Direct Appeal; Affirmed on Cross-Appeal. Jennings and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]  Supplemental opinion upon denial of rehearing. (February 7, 2001) (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-442. Tammy (Briggs) Berry v. Randy F. Briggs, from Arkansas Chancery, Southern Division. Remanded on Appeal and Cross-Appeal. Jennings and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-608. Antonio James v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Hart, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-678. Bobby McDaniel v. State of Arkansas, from Washington Circuit. Affirmed. Pittman and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-524. Rosemary Conville v. John D. Conville, from Faulkner Circuit. Affirmed. Pittman and Jennings, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

E00-34. Jerry Trigg v. Director, Arkansas Employment Security Department, from Board of Review. Affirmed. Bird, Koonce, and Stroud, JJ., agree. Robbins, C.J., and Griffen, J., dissent. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-685. Edmar Jermaine Higgins v. State of Arkansas, from Pulaski Circuit. Affirmed and Remanded for Entry of Corrected Sentence. Hart and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-396. Betty M. Hearne v. David Blaine Banks, from Sebastian Chancery. Affirmed. Pittman, J., agrees. Roaf, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1119. Broderick Labrent Jones v. State of Arkansas, from Izard Circuit. Affirmed. Pittman, Jennings, and Crabtree, JJ., agree. Hart and Roaf, JJ., dissent. (9 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1042. Karl Anthony Guydon v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Hart, Jennings, Neal, and Griffen, JJ., agree. Pittman, Bird, Crabtree, and Meads, JJ., dissent. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-479. Larry R. Froelich v. Nita Odean Cox and Billy Dean Graham, from Washington Chancery. Reversed and Remanded. Robbins, C.J., and Stroud, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-544. Alicia Minton v. Arkansas Department of Human Services, from Benton Chancery. Reversed and Remanded. Pittman and Griffen, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

CA00-558. Greene County Road Department v. Dewey L. Potter, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Stroud, J., agree. (9 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).

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

E00-172. Acklin Drilling Co., 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.

CACR00-477. Darrell Patrick Fouse v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated reply brief is granted. Brief due January 2, 2001.

CACR00-621. Tricia Anne Miller v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees is granted. Allowed $850.00.

CACR00-905. Cartrell McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion for clarification and stay of brief time. Appellee's brief is due in sixty days. See opinion in Harris v. State delivered this date.

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

CA99-1466. Ottie Hooker v. Producers Tractor Company, from St. Francis Chancery. Appellee's motion to dismiss appeal is granted. See per curiam this date. Pittman and Roaf, JJ., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

CA00-951. Greg Bartlett v. Jasper Ramsey, from Yell Chancery, Northern District. Appellee's motion to remand to settle the record is granted. Record to be settled within thirty days. Appellee's brief due in sixty days. Bird, J., would deny.

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

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

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 is denied.

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 is granted.

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 is granted. Bird, J., would deny.

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 is denied without prejudice. See Arkansas Rule of Civil Procedure 64.