Bond v. Lavaca Sch. Dist. (Griffen, J.) CA00-236

Schools & school districts -- Arkansas Fair Teacher Dismissal Act; statute of limitations did not bar appellant's claim; trial court erred when it ruled appellant's contract did not violate Ark. Code Ann. § 6-16-807; summary judgment inappropriate where unresolved issue of fact remained; reversed & remanded to determine compensation based on daily rate of pay under Ark. Code Ann. § 6-17-807. [HTML, WP5.1]

Jorden v. Arkansas Dep't of Human Servs. (Stroud, C.J.) CA00-819

Juveniles -- Status as putative father gave appellant standing; trial court erred in finding otherwise. [HTML, WP5.1]

Regions Bank & Trust, N.A. v. Stone County Skilled Nursing Facility, Inc. (Roaf, J.) CA00-147

Master & servant -- Liability for battery committed by employee; summary judgment granted on theory of respondeat superior; grant of summary judgment affirmed; trial court's grant of summary judgment on theory of negligent supervision reversed; genuine issue of material fact remained. [HTML, WP5.1]

Seamans v. Seamans (Roaf, J.) CA00-491

Parent & child -- UCCJEA inapplicable to purely intrastate custody disputes; chancellor lacked legal authority to award appellee attorneys fees pursuant to statute; reversed for exercise of chancellor's discretion. [HTML, WP5.1]

Swanner v. State (Hart, J.) CA00-973

Juvenlies -- Accomplice-corroboration rule inapplicable; ruling of trial court upheld if correct for any reason. [HTML, WP5.1]

Brewer v. State, CA CR 00-420 (Baker, J.), affirmed February 28, 2001. [HTML, WP5.1]

Carvin v. Bell, CA 00-581 (Jennings, J.), dismissed February 28, 2001. [HTML, WP5.1]

Collier v. State, CA CR 00-348 (Vaught, J.), affirmed February 28, 2001. [HTML, WP5.1]

Edens v. Superior Marble & Glass, CA 00-689 (Bird, J.), reversed and remanded February 28, 2001. [HTML, WP5.1]

Hodge v. State, CA CR 00-793 (Robbins, J.), affirmed February 28, 2001. [HTML, WP5.1]

Koontz v. State, CA CR 00-613 (Robbins, J.), affirmed February 28, 2001. [HTML, WP5.1]

McKibbin v. State, CA CR 00-404 (Crabtree, J.), affirmed February 28, 2001. [HTML, WP5.1]

Moore v. Hof, CA 00-274 (Neal, J.), affirmed February 28, 2001. [HTML, WP5.1]

Moten v. State, CA CR 00-788 (Stroud, C.J.), affirmed February 28, 2001. [HTML, WP5.1]

Ness v. McNinch, CA 00-546 (Hart, J.), affirmed February 28, 2001. [HTML, WP5.1]

Pemberton v. State, CA CR 00-639 (Pittman, J.), rebriefing ordered February 28, 2001. [HTML, WP5.1]

Schaefer v. McAllister, CA 00-354 (Vaught, J.), affirmed February 28, 2001. [HTML, WP5.1]

Swan Lake Flying Serv., Inc. v. Apollo-Lakewood Aerial Servs., Inc., CA 00-746 (Crabtree, J.), reversed February 28, 2001. [HTML, WP5.1]

Walls v. Walls, CA 99-1477 (Bird, J.), affirmed February 28, 2001. [HTML, WP5.1]

Whitney v. State, CA CR 00-327 (Griffen, J.), rebriefing ordered February 28, 2001. [HTML, WP5.1]

Williams v. Williams, CA 00-703 (Griffen, J.), affirmed February 28, 2001. [HTML, WP5.1]

Yancey v. State, CA CR 00-492 (Pittman, J.), affirmed February 28, 2001. [HTML, WP5.1]

Bruton v. Director of Labor, E 00-236, February 28, 2001.

CCT, Inc. v. Director of Labor, E 00-243, February 28, 2001.

Gentry v. Director of Labor, E 00-241, February 28, 2001.

Holyfield v. Director of Labor, E 00-235, February 28, 2001.

Lewis v. Director of Labor, E 00-233, February 28, 2001.

McKinley v. Director of Labor, E 00-234, February 28, 2001.

Norton v. Director of Labor, E 00-242, February 28, 2001.

Smith, Wade D. v. Director of Labor, E 00-245, February 28, 2001.

Smith, Joyce A. v. Director of Labor, E 00-238, February 28, 2001.

Smith-Ferrell v. Director of Labor, E 00-239, February 28, 2001.

Thompson v. Director of Labor, E 00-232, February 28, 2001.

Williams v. Director of Labor, E 00-246, February 28, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-788. Douglas Moten v. State of Arkansas, from Crittenden Circuit. Affirmed. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-819. Mark Eric Jorden v. Arkansas Department of Human Services, from Jefferson Chancery. Reversed and Remanded. Bird and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-492. Billy Ferrall Yancey, Jr. v. State of Arkansas, from Lonoke Circuit. Affirmed. Baker and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-639. Johnny Pemberton v. State of Arkansas, from Drew Circuit. Rebriefing Ordered. Baker and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-546. Emma J. Ness v. Kenneth and Ruthi McNinch, from Faulkner Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-973. Lindsey Jerome Swanner v. State of Arkansas, from Polk Chancery. Affirmed. Jennings and Crabtree, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA00-581. Darlene Carvin v. Melvyn Bell, from Pulaski Chancery. Dismissed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-613. Morris Brian Koontz v. State of Arkansas, from Hempstead Circuit. Affirmed. Griffen and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-793. Terp Glenn Leeroy Hodge and Christopher David Couch, Jr. v. State of Arkansas, from Saline Circuit/Chancery. Affirmed. Neal, J., agrees. Griffen, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA99-1477. Angela Walls v. Courtney Walls, from Pulaski Probate. Affirmed. Stroud, C.J., and Vaught, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-689. James Edens v. Superior Marble and Glass, from Workers' Compensation Commission. Reversed and Remanded. Stroud, C.J., and Vaught, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-327. Arliss Whitney v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Hart and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-236. Joyce Bond v. Lavaca School District, from Sebastian Circuit. Reversed and Remanded. Robbins and Neal, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

CA00-703. Joe David Williams v. Evelyn Renee Williams, from Pope Chancery. Affirmed. Robbins and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-274. Dale Moore v. Sallye Hof, from Benton Circuit. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-348. Broderick Collier v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-354. Paul W. Schaefer v. John M. McAllister, Administrator of the Estate of Louis E. Schaeffer, Deceased, from Pulaski Probate. Affirmed. Stroud, C.J., and Bird, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-404. Jason McKibbin v. State of Arkansas, from Conway Circuit. Affirmed. Hart and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-746. Swan Lake Flying Service, Inc. v. Apollo-Lakewood Aerial Services, Inc., from Jefferson Circuit. Reversed. Hart and Jennings, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-420. Marvin Brewer v. State of Arkansas, from White Circuit. Affirmed. Roaf, J., agrees. Pittman, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-147. Regions Bank & Trust, N.A., Admr. of the Estate of Victoria Ann Elder v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit. Affirmed in Part, Reversed in Part and Remanded. Stroud, C.J., Jennings and Bird, JJ., agree. Pittman and Griffen, JJ., concurring in part, dissenting in part. (8 PAGES + 6-PAGE CONCURRENCE/ DISSENT PUBLISHED) [HTML, WP5.1]

CA00-491. Terry L. Seamans v. Pamela L. Seamans, from Drew Chancery. Reversed and Remanded. Pittman and Baker, JJ., agree. (6 PAGES PUBLISHED) [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).

E00-232. Beverly F. Thompson v. Director et al.

E00-233. James L. Lewis v. Director et al.

E00-234. David McKinley v. Director et al.

E00-235. Stephanie Holyfield v. Director et al.

E00-236. Lamona J. Bruton v. Director et al.

E00-238. Joyce A. Smith v. Director et al.

E00-239. Vickie Smith-Ferrell v. Director et al.

E00-241. Ramona Gentry v. Director et al.

E00-242. Yolanda G. Norton v. Director et al.

E00-243. CCT, Inc. v. Director et al.

E00-245. Wade D. Smith v. Director et al.

E00-246. Tamara D. Williams v. Director et al.

CACR00-613. Morris Brian Koontz v. State of Arkansas, from Hempstead Circuit. Motion of David J. Potter for attorney's fees is granted. Allowed $850.00.

CACR00-722. Thomas Teague v. State of Arkansas, from Monroe Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $750.00.

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

CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal is granted. Pittman and Neal, JJ., would deny.

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 is denied. Bird, Griffen, and Vaught, JJ., would grant motion to be relieved. Stroud, C.J., would pass for thirty days. Appellant's brief due in sixty days.

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

CACR01-106. John Ragsdale v. State of Arkansas, from Miller Circuit. Motion of John F. Stroud, III to be relieved as counsel for appellant is granted. Stroud, C.J., not participating.

CACR01-106. John Ragsdale v. State of Arkansas, from Miller Circuit. Motion of Mark Alan Jesse to be substituted as counsel for appellant is granted. Stroud, C.J., not participating.

CA99-1477. Angela Walls v. Courtney Walls, from Pulaski Probate, Third Division. Appellee's motion for costs is granted. See opinion this date.

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 is granted.

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

CA00-1110. Gail Parkerson v. James A. Arthur, M.D. et al., from Garland Circuit. Motion to accept appellees' brief as filed is granted. Appellant's reply brief due March 15, 2001.

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

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 is denied.

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 is granted. Record deemed supplemented.

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

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 is granted.

PETITIONS FOR REHEARING:

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

CA00-701. Gibson Greetings, Inc. et al. v. Shelly Cooper, from Workers' Compensation Commission.

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CACR00-250. Ronnie L. Laster v. State of Arkansas, from Izard Circuit. Amended motion of Dave Wisdom Harrod to withdraw, for appointment of new public defender, and for extension of time to rebrief.

CACR00-1334. Richard Dale Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for appointment of counsel.

CACR01-176. Willie Britton v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William C. McArthur to be substituted as counsel for appellant.

CA00-542. Columbia Health Care, Inc. et al. v. Letha Anderson, from Workers' Compensation Commission. Motion of Floyd Thomas, Jr., for attorney's fees.

CA00-955. Clyde McWilliams v. Karl W. Schmidt et al., from Pulaski Chancery, Fifth Division. Appellant's motion for Rule 11 sanctions.

CA00-1034. Ron Withers v. Hal Crafton et al., from Faulkner Circuit. Appellant's motion to supplement the abstract and file a substituted brief.

CA00-1321. John Parker Heathscott et al. v. Velma Muce et al., from White Chancery. Appellant's motion for reconsideration.

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion for recusal.

CA01-56. Wanda Jones v. Charles W. Jones, from Montgomery Circuit. Motion of Michael J. King to withdraw as counsel for appellant.

CACR00-209. Victor Medlock, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-391. James E. Smith v. State of Arkansas, from Stone Circuit.

CACR00-473. Terry Edward Gabrion v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-531. Rodney Bryan Stidham v. State of Arkansas, from Carroll Circuit, Western District.

CACR00-551. Arley David Mathis v. State of Arkansas, from White Circuit.

CACR00-598. Thomas K. Morgan v. State of Arkansas, from Johnson Circuit.

CACR00-628. Eric Lydell Caffey v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-679. Robert Lovett v. State of Arkansas, from Jefferson Circuit.

CACR00-695. Clinton Flud a/k/a Tinker Flud v. State of Arkansas, from Boone Circuit.

CACR00-737. Patricia Bagby v. State of Arkansas, from Yell Circuit, Northern District.

CACR00-896. Jeffery Miner v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-967. Johnny Robinson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA00-415. Auto Connection, Inc. et al. v. Nina Sue Gardner, from Crittenden Circuit.

CA00-576. $3,469.00 in United States Currency and Frank Watts II v. State of Arkansas, from Pulaski Circuit, Second Division.

CA00-696. Ron Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit.

CA00-781. Virginia Insurance Reciprocal v. Eva Vogel, from Crittenden Circuit.

CA00-823. Jerry Allen v. Mark Goings et al., from Lonoke Chancery.

CA00-834. Ray E. Rippee v. Dorothy Sue Walters, from Crawford Circuit.

CA00-837. Angela Walls v. Courtney Walls, from Pulaski Chancery, Sixth Division.

CA00-863. Wal-Mart Stores, Inc. et al. v. Troy Kennedy, from Workers' Compensation Commission.

CA00-865. Wackenhut Corporation et al. v. Geneva Marchelle Jones, from Workers' Compensation Commission.

CA00-875. Wheeler Construction Company v. Raymond L. Armstrong, from Workers' Compensation Commission.

CA00-900. Carlos Elam et ux. v. Hartford Fire Insurance Company, from Franklin Circuit, Northern District.

CA00-955. Clyde McWilliams v. Karl Schmidt et al., from Pulaski Chancery, Fifth Division.

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

E00-261. Clavious Vanoven v. Director et al.

E00-262. Etta M. Kelley v. Director et al.

E00-263. Kathy Y. Coleman v. Director et al.

E00-264. Isierene Brown v. Director et al.

E00-265. Harold G. Young v. Director et al.

E00-266. Brad D. Stensrud v. Director et al.

E00-267. Christine Scott v. Director et al.

E00-268. Linda D. Hutchins v. Director et al.

E00-269. Helen B. Wilson v. Director et al.

E00-270. Paul Hasley v. Director et al.

E00-271. Dixine F. Wood v. Director et al.

E00-272. Donna F. Dupree v. Director et al.