Capitol Life and Accident Ins. Co. v. Phelps (Neal, J.) CA00-584

Appeal & error -- Order not final; appeal dismissed. [HTML, WP5.1]

Clemmons v. Office of Child Support Enfcm't (Stroud, C.J.) CA00-393

Parent & child -- Child support; assignment of arrearages to appellee appropriate; California law applicable to UIFSA action. [HTML, WP5.1]

Elam v. First Unum Life Ins. Co. (Dissent Only; Bird, J., Dissenting) CA00-316 [HTML, WP5.1]

Howe v. State (Neal, J.) CACR00-143

Criminal procedure -- Pat-down search was contrary to permissible scope; trial court's determination that search did not violate Fourth Amendment was clearly against preponderance of evidence. [HTML, WP5.1]

Morgan v. State (Roaf, J.) CACR00-595

Criminal procedure -- Appellant had written notice of terms of first probation order; revocation of probation based on violation of first order valid. [HTML, WP5.1]

Oak Hill Manor, LLC v. Arkansas Health Servs. Agency (Jennings, J.) CA00-170

Appeal & error -- Trial court was without jurisdiction to enter duplicate order; appellate court was without jurisdiction to entertain appeal. [HTML, WP5.1]

Reid v. Frazee (Baker, J.) CA00-353

Adoption -- Trial court did not err when it found appellant's consent was not required under statute; appellant failed to maintain parental role; appellant failed to seek court's help to enforce visitation rights until after he learned of first entry of adoption; judge's finding not clearly erroneous. [HTML, WP5.1]

Spencer v. Stone Container Corp. (Hart, J.) CA00-538

Workers' compensation -- Statute of limitations; Commission's finding that claim for additional benefits tolled statute was supported by substantial evidence; not tolled where substantial evidence supported finding that medical treatments were not reasonably necessary in connection with appellant's injuries; substantial evidence supported Commission's finding that appellant's claim for additional compensation was barred. [HTML, WP5.1]

Aldaco v. State, CA 00-277 (Vaught, J.), affirmed February 21, 2001. [HTML, WP5.1]

Andrews v. Horton, CA 00-667 (Jennings, J.), affirmed February 21, 2001. [HTML, WP5.1]

Coffren v. Manpower, Inc., CA 00-601 (Bird, J.), affirmed February 21, 2001. [HTML, WP5.1]

Collins v. Jackson, CA 00-652 (Roaf, J.), rebriefing ordered February 21, 2001 .[HTML, WP5.1]

Duckett v. State, CA CR 00-294 (Crabtree, J.), appeal dismissed February 21, 2001. [HTML, WP5.1]

Dumontier v. Ray Lower & Assocs., Inc., CA 00-672 (Robbins, J.), reversed and remanded February 21, 2001. [HTML, WP5.1]

Goodwin v. Wal-Mart Stores, Inc., CA 00-620 (Crabtree, J.), affirmed February 21, 2001. [HTML, WP5.1]

Harris v. State, CA CR 00-563 (Baker, J.), affirmed February 21, 2001. [HTML, WP5.1]

Hobbs v. Smith, CA 00-622 (Baker, J.), affirmed February 21, 2001. [HTML, WP5.1]

Ownbey v. Mountain Home Pub. Sch., CA 00-569 (Griffen, J.), affirmed February 21, 2001. [HTML, WP5.1]

Ryles v. Alexander, CA 00-761 (Griffen, J.), reversed and remanded February 21, 2001. [HTML, WP5.1]

Slack v. State, CA CR 99-809 (Stroud, C.J.), affirmed February 21, 2001. [HTML, WP5.1]

Strom v. State, CA CR 00-137 (Neal, J.), affirmed February 21, 2001. [HTML, WP5.1]

Wiley v. Wiley, CA 00-617 (Vaught, J.), affirmed February 21, 2001. [HTML, WP5.1]

Williams v. State, CA CR 00-683 (Hart, J.), affirmed February 21, 2001. [HTML, WP5.1]

Anderson v. Director of Labor, E 00-220, February 21, 2001.

Brantley v. Director of Labor, E 00-227, February 21, 2001.

Brown v. Director of Labor, E 00-226, February 21, 2001.

George v. Director of Labor, E 00-222, February 21, 2001.

Hodges v. Director of Labor, E 00-229, February 21, 2001.

Levy v. Director of Labor, E 00-230, February 21, 2001.

Nguyen v. Director of Labor, E 00-223, February 21, 2001.

Siltman v. Director of Labor, E 00-219, February 21, 2001.

Stitts v. Director of Labor, E 00-224, February 21, 2001.

Strickland v. Director of Labor, E 00-225, February 21, 2001.

Thomas v. Director of Labor, E 00-228, February 21, 2001.

Tinzie v. Director of Labor, E 00-221, February 21, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR99-809. James Avery Slack v. State of Arkansas, from Faulkner Circuit, First Division. Affirmed. Bird and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-393. Stephen L. Clemmons v. Office of Child Support Enforcement, from Pope Chancery. Affirmed. Bird and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-683. Jerry Williams v. State of Arkansas, from Yell Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-538. Blandina Spencer v. Stone Container Corporation, from Workers' Compensation Commission. Affirmed on Appeal and Cross-Appeal. Jennings and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA00-170. Oak Hill Manor, LLC v. Arkansas Health Services Agency and Arkansas Health Services Commission, Beverly-Enterprises-Arkansas, Inc., from Pulaski Circuit. Appeal Dismissed. Crabtree and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-667. Daniel Andrews v. Robert G. Horton, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA00-672. Laura Dumontier v. Ray Lower & Associates, Inc. from Carroll Circuit, Western District. Reversed and Remanded. Griffen and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA00-601. William T. Coffren v. Manpower, Inc., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Vaught, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA00-569. Mary C. Ownbey v. Mountain Home Public Schools, from Workers' Compensation Commission. Affirmed. Robbins and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-761. John A. Ryles et al. v. James Robert Alexander et al., from Pulaski Chancery. Reversed and Remanded. Robbins and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-137. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Affirmed. Robbins and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-143. Scott Howe v. State of Arkansas, from Greene Circuit. Reversed and Remanded. Griffen, J., agrees. Robbins, J., concurs. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-584. Capitol Life and Accident Insurance Company v. Lela K. Phelps, from Sebastian Chancery. Dismissed. Robbins and Griffen, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA00-277. Jose Antonio Aldaco v. State of Arkansas, from Washington Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-617. Melvin L. Wiley et al. v. Carolyn J. Wiley, from Johnson Chancery. Affirmed. Stroud, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-294. Jessie James Duckett, III v. State of Arkansas, from Garland Circuit. Appeal Dismissed. Hart and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-620. Randall Goodwin and Claudia Goodwin v. Wal-Mart Stores, Inc. d/b/a Wal-Mart Discount City, from Washington Circuit. Affirmed. Hart and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-563. Timothy T. Harris v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-353. James Lee Reid v. Gregory S. Frazee, from Pope Probate. Affirmed. Pittman and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA00-622. Joe Hobbs d/b/a Superior Marble & Glass v. Doug Smith, from Garland Circuit. Affirmed. Pittman and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-595. Jason Shawn Morgan v. State of Arkansas, from Johnson Circuit. Affirmed. Pittman and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA00-652. James H. Collins and Martha L. Collins v. Melvin D. Jackson and Martha B. Jackson, from Arkansas Chancery. Rebriefing Ordered. Pittman and Baker, JJ., agree. (3 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).

E00-219. Betty L. Siltman v. Director et al.

E00-220. Linda Anderson v. Director et al.

E00-221. Gloria S. Tinzie v. Director et al.

E00-222. Ericka D. George v. Director et al.

E00-223. Hung Nguyen v. Director et al.

E00-224. Eloise Stitts v. Director et al.

E00-225. Carla J. Strickland v. Director et al.

E00-226. Charles R. Brown v. Director et al.

E00-227. Denise Brantley v. Director et al.

E00-228. Danny E. Thomas v. Director et al.

E00-229. Tonya Hodges v. Director et al.

E00-230. Odell Levy v. Director et al.

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Bird, J., would grant. (4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

*****************************

CACR00-383. Ronald Robinson v. State of Arkansas, from Crittenden Circuit. Motion of William C. McArthur for attorney's fees is denied. See Arkansas Supreme Court Rule 6-6(c).

CACR00-563. Timothy Tyrone Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Clarence W. Cash for attorney's fees is granted. Allowed $850.00.

CACR00-750. Timothy Bly Osborne v. State of Arkansas, from Independence Circuit. Appellant's motion to file belated brief is granted.

CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit. Appellant's motion to substitute record is granted.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to file belated brief is granted.

CACR00-1201. Kenneth Ray Smith v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement brief is granted. Brief deemed supplemented.

CACR00-1406. Charles E. Johnson v. State of Arkansas, from Ouachita Circuit. Appellant's petition for writ of error coram nobis and to stay appeal is denied. Brief due in thirty days.

CACR00-1474. Jevon Cornell Jackson v. State of Arkansas, from Crittenden Circuit. Appellant's motion to supplement the record and to stay briefing schedule is granted. Supplement due in thirty days; brief due in sixty days.

CA00-1355. Anthony C. Kenney v. Dixie Restaurant et al., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief is denied. Leave granted to file a conforming brief within thirty days.

CA00-1414. Dowe Marshall et al. v. Peter Laughlin, from Yell Chancery, Northern District. Appellants' motion to supplement the record is granted. Brief due March 24, 2001. Pittman, Robbins, and Bird, JJ., would remand to settle record.

CA01-121. Ruffin Building Systems, Inc. v. Riverdale Development Company, from Pulaski Circuit, Fifth Division. Appellant's motion to consolidate CA01-151 with this appeal is granted. Brief due April 2, 2001. Pittman, Griffen, and Crabtree, JJ., would deny.

E01-31. Melissa Ferguson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is granted.

E01-32. Rhonda K. Stewart-Fraizer v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied. Griffen and Roaf, JJ., would grant.

CACR00-477. Darrell Patrick Fouse v. State of Arkansas, from Jackson Circuit. Motion of Patrick J. Benca for attorney's fees.

CACR00-613. Morris Brian Koontz v. State of Arkansas, from Hempstead Circuit. Motion of David J. Potter for attorney's fees.

CACR00-722. Thomas Teague v. State of Arkansas, from Monroe Circuit. Motion of Alvin Schay for attorney's fees.

CACR00-806. Billy Russell Smith, Jr. v. State of Arkansas, from Chicot Circuit. Appellant's motion to supplement the record.

CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appeal bond.

CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of new counsel.

CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal.

CACR00-908. Robert Kent Gwatney v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Lea Ellen Fowler to dismiss appeal and to be relieved as counsel for appellant.

CACR00-1035. Rodney Bunch v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to relieve counsel.

CACR00-1458. Johnny Enos v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal.

CACR01-106. John Ragsdale v. State of Arkansas, from Miller Circuit. Motion of John F. Stroud, III to be relieved as counsel for appellant.

CACR01-106. John Ragsdale v. State of Arkansas, from Miller Circuit. Motion of Mark Alan Jesse to be substituted as counsel for appellant.

CA99-1429. Justin Putman v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Motion of Mark A. Horoda for attorney's fees.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellant's motion to file enlarged reply brief and for additional brief time.

CA00-566. Union County v. Judith Hughes, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA00-1050. Margaret Hattenhauer et al. v. Johnny Cochran et ux., from Randolph Probate. Appellees' motion to correct the record.

CA00-1110. Gail Parkerson v. James A. Arthur, M.D. et al., from Garland Circuit. Motion to accept appellees' brief as filed, or in the alternative, motion for permission to amend appellees' brief.

CA00-1110. Gail Parkerson v. James A. Arthur, M.D. et al., from Garland Circuit. Appellant's pro se motion to strike appellees' brief.

CA00-1302. John E. Atkins v. Bobby Fewell et al., from Pulaski Chancery, First Division. Appellant's motion for writ of certiorari to complete the record.

CA00-1464. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Guardtronic, Inc. et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement the record.

CA01-174. R. N. v. J. M., from Craighead Chancery, Western District. Joint motion for anonymity of parties and to seal the record.

CA01-185. Ronald Cunningham et al. v. J. M. Crites, from Pulaski Circuit, Third Division. Motion of David R. Cannon to be substituted as counsel for appellants and to relieve Mark Alan Jesse as counsel.

CACR00-477. Darrell Patrick Fouse v. State of Arkansas, from Jackson Circuit. Argued orally.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit.

CACR99-1112. Tamagum Antonio Robinson and Terrance Robinson v. State of Arkansas, from Crittenden Circuit.

CACR00-59. Gregory Charles Byndom v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-519. Jules Leroy Williams v. State of Arkansas, from Independence Circuit.

CACR00-560. Patricia Penn v. State of Arkansas, from Crittenden Circuit.

CACR00-626. Velma June Maxwell v. State of Arkansas, from Izard Circuit.

CACR00-651. Amanda Chase v. State of Arkansas, from Crawford Circuit.

CACR00-659. Daniel Lavern Nelson v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR00-677. Gregory Donald v. State of Arkansas, from Ashley Circuit.

CACR00-680. Samuel Watson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-690. James McCloud, Jr. v. State of Arkansas, from Crittenden Circuit.

CACR00-759. Jerry Morrow v. State of Arkansas, from Johnson Circuit.

CA99-1429. Justin Putman v. State of Arkansas, from Sebastian Chancery, Fort Smith District.

CA00-340. Terry Ward d/b/a Ward Pools and Spas v. David B. Switzer et ux., from Garland Circuit.

CA00-612. Miller County et al. v. John David Stewart, from Workers' Compensation Commission.

CA00-653. Wal-Mart Stores, Inc. et al. v. Linda Vandiver, from Workers' Compensation Commission.

CA00-654. Terry Hayes v. Advanced Towing Services, Inc., from Washington Circuit.

CA00-661. Rebecca Hodges v. Garfield Hodges, III, from Crawford Chancery.

CA00-764. Steven C. Schueller v. Allison G. Schueller, from Ashley Chancery.

CA00-771. Thornton Tweedy et ux. v. Ronnie Counts et ux., from Randolph Chancery.

CA00-773. James Whorton et ux. v. Leonard Needham et ux., from Logan Chancery, Northern District.

CA00-787. Estate of Jodie Hilliard, Jr. v. Ullysses McNeal, from Monroe Probate.

CA00-789. Office of Child Support Enforcement v. Michael B. Neely, from Union Chancery.

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

E00-247. Kim L. Croft v. Director et al.

E00-248. Donna L. Morris v. Director et al.

E00-249. Betty J. Hill v. Director et al.

E00-250. Hartsville Johnson, Jr. v. Director et al.

E00-251. Katherine Cassatt v. Director et al.

E00-252. David Roberson v. Director et al.

E00-253. David Roberson v. Director et al.

E00-254. Aldric Jones v. Director et al.

E00-255. Cindy D. Bennett v. Director et al.

E00-257. Terry L. Brough v. Director et al.

E00-258. Marilee E. Taylor v. Director et al.

E00-260. Karen S. Aymond v. Director et al.