Opinions delivered
March 7, 2001
City Slickers, Inc. v. Douglas (Bird, J.) CA00-681
Business & commercial law -- Trade secrets; chancellor correctly held it unlikely appellant could prove entitlement to protection under Theft of Trade Secrets Act; chancellor not clearly erroneous in denying motion for temporary injunction. [HTML, WP5.1]
Donald v. State (Vaught, J.) CACR00-677
Criminal law -- DWI; reversed & remanded for resentencing pursuant to requirements of Ark. Code Ann. § 5-65-109. [HTML, WP5.1]
Hayes v. Advanced Towing Servs., Inc. (Hart, J.) CA00-654
Contracts -- Tortious interference with contractual relationship; determination of whether interference was improper ordinarily left to jury when there is room for different view; reasonable people could have differed as to whether appellee's conduct was fair and reasonable; trial court's directed verdict in favor of appellees reversed. [HTML, WP5.1]
Maxwell v. State (Robbins, J.) CACR00-626
Criminal law -- Pro se waiver of jury trial; trial court abused its discretion in denying appellant's motion to withdraw waiver; using responses to requests for admissions against appellant violated Ark. R. Civ. P. 36(b); trial court reversed. [HTML, WP5.1]
Morrow v. State (Stroud, C.J.) CACR00-759
Search & seizure -- Searches by private citizens; Fourth Amendment prohibition against unreasonable searches & seizures does not apply; trial court's denial of motion to suppress was not clearly against preponderance of circumstances. [HTML, WP5.1]
Spencer v. Regions Bank (Robbins, J.) CA00-624
Contracts -- Breach-of-contract action; no damages to estate to support such action; grant of summary judgment proper. [HTML, WP5.1]
Ward v. Switzer (Vaught, J.) CA00-340
Contempt -- Proceeding was moot where trial court awarded appellees monetary judgment; trial court's contempt order reversed. [HTML, WP5.1]
Bennett v. Director, E 00-255 (Vaught, J.), remanded to supplement record March 7, 2001. [HTML, WP5.1]
Beyer v. Woodridge Land Co., CA 00-769 (Bird, J.), affirmed March 7, 2001. [HTML, WP5.1]
Brady v. State, CA CR 99-992 (Crabtree, J.), affirmed March 7, 2001. [HTML, WP5.1]
Dormany v. Wal-Mart Stores, Inc., CA 00-508 (Robbins, J.), reversed and remanded March 7, 2001. [HTML, WP5.1]
Duncan v. State, CA CR 00-215 (Neal, J.), affirmed in part; dismissed in part March 7, 2001. [HTML, WP5.1]
Goodson v. Goodson, CA 00-647 (Bird, J.), affirmed in part; reversed in part March 7, 2001. [HTML, WP5.1]
Hill v. Director, E 00-249 (Jennings, J.), reversed and remanded March 7, 2001. [HTML, WP5.1]
Jordan v. State, CA 00-469 (Roaf, J.), reversed and dismissed March 7, 2001. [HTML, WP5.1]
McCloud v. State, CA CR 00-690 (Baker, J.), affirmed March 7, 2001. [HTML, WP5.1]
Miller County v. Stewart, CA 00-612 (Roaf, J.), affirmed March 7, 2001. [HTML, WP5.1]
Putman v. State, CA 99-1429 (Roaf, J.), affirmed March 7, 2001. [HTML, WP5.1]
Robinson v. State, CA CR 99-1112 (Baker, J.), affirmed March 7, 2001. [HTML, WP5.1]
Schueller v. Schueller, CA 00-764 (Stroud, C.J.), affirmed March 7, 2001. [HTML, WP5.1]
Wal-Mart Stores, Inc. v. Vandiver, CA 00-653 (Pittman, J.), appeal dismissed March 7, 2001. [HTML, WP5.1]
Watson v. State, CA CR 00-680 (Crabtree, J.), affirmed March 7, 2001. [HTML, WP5.1]
Whorton v. Needham, CA 00-773 (Neal, J.), affirmed March 7, 2001. [HTML, WP5.1]
Williams v. State, CA CR 00-519 (Hart, J.), affirmed March 7, 2001. [HTML, WP5.1]
Aymond v. Director of Labor, E 00-260, March 7, 2001.
Brough v. Director of Labor, E 00-257, March 7, 2001.
Cassatt v. Director of Labor, E 00-251, March 7, 2001.
Croft v. Director of Labor, E 00-247, March 7, 2001.
Johnson v. Director of Labor, E 00-250, March 7, 2001.
Jones v. Director of Labor, E 00-254, March 7, 2001.
Morris v. Director of Labor, E 00-248, March 7, 2001.
Roberson, David v. Director of Labor, E 00-252, March 7, 2001.
Roberson, David v. Director of Labor, E 00-253, March 7, 2001.
Taylor v. Director of Labor, E 00-258, March 7, 2001.
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR00-759. Jerry Morrow v. State of Arkansas, from Johnson Circuit. Affirmed. Jennings and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA00-764. Steven C. Schueller v. Allison G. Schueller, from Ashley Chancery. Affirmed. Jennings and Neal, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA00-653. Wal-Mart Stores, Inc. v. Linda Vandiver, from Workers' Compensation Commission. Appeal Dismissed. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR00-519. Jules Leroy Williams v. State of Arkansas, from Independence Circuit. Affirmed. Pittman and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-654. Terry Hayes, Individually and d/b/a Terry's Towing v. Advanced Towing Services, Inc., and Robert N. Jeffries, from Washington Circuit. Reversed and Remanded. Vaught, J., agrees. Pittman, J., concurs. (9 PAGES PUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
E00-249. Betty J. Hill v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Stroud, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR00-626. Velma Jane Maxwell v. State of Arkansas, from Izard Circuit. Reversed and Remanded. Bird and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]
CA00-508. Mary Dormany v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Reversed and Remanded. Neal, J., agrees. Griffen, J., concurs. (4 PAGES + 3-PAGE CONCURENCE UNPUBLISHED) [HTML, WP5.1]
CA00-624. Billy Spencer et al. v. Regions Bank, from Garland Circuit. Affirmed. Neal, J., agrees. Griffen, J., concurs. (6 PAGES + 5-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA00-647. Clay M. Goodson and Florence Goodson v. Mary Carolyn Goodson, from Pulaski Circuit. Affirmed in Part; Reversed in Part. Stroud, C.J., and Vaught, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-681. City Slickers, Inc. v. Joseph E. Douglas, from Pulaski Chancery. Affirmed. Hart, Jennings, and Neal, JJ., agree. Pittman and Griffen, JJ., dissent. (10 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA00-769. Thomas Beyer and Damita Beyer v. Woodridge Land Company, Inc., from Benton Chancery. Affirmed. Stroud, C.J., and Vaught, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR00-215. Tyrone Duncan v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Dismissed in Part. Robbins, J., agrees. Griffen, J., concurs. (7 PAGES + 2-PAGE CONCURENCE UNPUBLISHED) [HTML, WP5.1]
CA00-773. James Whorton and Lou Ann Whorton v. Leonard Needham and Janice Needham, from Logan Chancery, Northern District. Affirmed. Stroud, C.J., and Jennings, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR00-677. Gregory Donald v. State of Arkansas, from Ashley Circuit. Reversed and Remanded for Resentencing. Pittman and Hart, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA00-340. Terry Ward d/b/a Ward's Pools & Spas v. David B. Switzer and Patricia L. Switzer from Garland Circuit. Reversed. Pittman and Hart, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
E00-255. Cindy D. Bennett v. Director, Employment Secuity Department and North Arkansas Human Services System , Inc., from Board of Review. Remanded to Supplement Record. Pittman and Hart, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Affirmed. Griffen and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR00-680. Samuel Watson v. State of Arkansas, from Sebastian Circuit. Affirmed. Griffen and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR99-1112. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR00-690. James McCloud, Jr. v. State of Arkansas, from Crittenden Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA99-1429. Justin Putman v. State of Arkansas, from Sebastian Chancery, Juvenile Division. Affirmed. Robbins and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-469. Robert Jordan, Jr., v. State of Arkansas, from Sebastian Chancery, Juvenile Division. Reversed and Dismissed. Pittman and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-612. Miller County v. John David Stewart, from Workers' Compensation Commission. Affirmed. Robbins and Bird, JJ., agree. (7 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).
E00-247. Kim L. Croft v. Director et al.
E00-248. Donna L. Morris 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.
E00-257. 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.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
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.
*****************************
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. Motion to withdraw is denied. Hart, Bird, Griffen, and Crabtree, JJ., would grant. Appellant given 90-day extension (June 5, 2001) to rebrief.
CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appeal bond is denied.
CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of counsel is granted. Billy Webb is appointed to represent appellant.
CACR00-1458. Johnny Enos v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal is granted. Pittman and Neal, JJ., would deny.
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 is remanded to the trial court. See Brewer v. State, 66 Ark. App. 324, 992 S.W.2d 140 (1999).
CA99-1429. Justin Putman v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Motion of Mark A. Horoda for attorney's fees is granted. Allowed $850.00.
CA00-542. Columbia Health Care, Inc. et al. v. Letha Anderson, from Workers' Compensation Commission. Motion of Floyd Thomas, Jr., for attorney's fees is granted.
CA00-1034. Ron Withers v. Hal Crafton et al., from Faulkner Circuit. Appellant's motion to supplement the abstract and file a substituted brief is granted. Baker, J., not participating.
CA00-1050. Margaret Hattenhauer et al. v. Johnny Cochran et ux., from Randolph Probate. Appellees' motion to correct the record is granted. Roaf, J., would deny.
CA00-1321. John Parker Heathscott et al. v. Velma Muce et al., from White Chancery. Appellant's motion for reconsideration is denied.
CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion for recusal is denied.
CA01-56. Wanda Jones v. Charles W. Jones, from Montgomery Circuit. Motion of Michael J. King to withdraw as counsel for appellant is granted.
CA01-116. Mark Flowers et al. v. Robert Steven Williams, from Crawford Circuit. Joint motion for extension of time and stipulation to file a supplemental record is granted. Brief due in forty-five days (April 23, 2001). Pittman, J., not participating.
The following cases are dismissed for failure to file briefs.
CA00-609. Richard L. Caldwell v. Cunningham Brothers, Inc. et al., from Workers' Compensation Commission.
CA00-649. Robert Henderson v. Erma Hendrix, from Pulaski Circuit, Sixth Division.
CA00-650. Carl Wayne Parker v. Paulette Parker et al., from Pulaski Chancery, Second Division. Roaf, J., not participating.
CA00-658. Harold Ives Trucking Company v. Pro Transportation, Inc. et al., from Pulaski Circuit, Sixth Division.
CA00-734. David Akel v. Edsel Lewis et ux., from Pulaski Circuit, Second Division.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CACR00-777. John W. Turnage v. State of Arkansas, from Lonoke Circuit.
*****************************
CACR00-137. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees.
CACR00-848. Ricky Morris v. State of Arkansas, from Johnson Circuit. Motion of Caroline L. Winningham for attorney's fees.
CACR00-1316. Greg Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion for extension of time to lodge record.
CACR00-1316. Greg Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion to proceed in forma pauperis.
CACR01-142. Lenois King v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for appointment of new counsel.
CA97-1379. Michael D. Carr v. Frank Fletcher Companies, Inc. et al., from Pulaski Circuit, Third Division. Appellant's motion to correct the record.
CA00-301. Canal Insurance v. Jim Adams d/b/a Adams Trucking et al., from Arkansas Circuit, Southern District. Appellees' motion for attorney's fees and costs.
CA00-617. Melvin Wiley et al. v. Carolyn J. Wiley, from Johnson Chancery. Appellants' motion to allow revised brief.
CA00-1118. Theo Dickerson, Jr. et al. v. State of Arkansas Child Support Enforcement Unit, from Jefferson Chancery. Appellants' motion to revise brief.
CA00-1311. William S. Warren et al. v. John W. Jacobs et al., from Garland Circuit. Appellant's motion for stay of briefing schedule and further proceedings pursuant to 11 U.S.C. Section 362.
CA00-1339. JE Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit. Appellant's motion to show impracticability and to request waiver.
CA00-1355. Anthony Kenney v. Dixie Restaurant, from Workers' Compensation Commission. Appellant's pro se motion for additional brief time.
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 additional brief time.
CA01-6. Donald Bratton v. Conseco Finance Servicing Corporation, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.
CA01-45. Lisa Cassidy v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Motion of James E. Hensley, Jr., to be relieved as counsel for appellant.
CA01-105. Opal Wright v. City of Monticello et al., from Drew Chancery. Motion of Thomas D. Deen to withdraw as counsel for appellant.
CA01-129. James Patrick Manning v. State of Arkansas, from Pulaski Probate, Ninth Division. Motion of Stephanie L. Mays to be relieved as counsel for appellant and for brief time.
CA01-225. Carl E. Cline, II v. Bierbaum Timber Company, from Workers' Compensation Commission. Appellant's pro se motion for rule on clerk to lodge transcript.
E00-304. Charles E. Peoples, Jr. v. Director et al., from Board of Review. Appellant's pro se motion to supplement the record.
SUBMISSIONS
CA00-859. Victor Mature Jackson v. El Dorado School District, from Union Circuit. Argued orally.
CACR00-121. Trish M. Goman v. State of Arkansas, from Garland Circuit.
CACR00-739. Deon Earnest v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR00-797. Andre Demont Dotson v. State of Arkansas, from Crawford Circuit.
CACR00-798. Daniel Milburn Hainline v. State of Arkansas, from Benton Circuit.
CACR00-844. Martha Lewis v. State of Arkansas, from Saline Circuit.
CACR00-848. Ricky Morris v. State of Arkansas, from Johnson Circuit.
CACR00-869. Mark Anthony Hyatt v. State of Arkansas, from Crawford Circuit.
CACR00-982. Joseph A. Bukowczyk v. State of Arkansas, from Pope Circuit.
CACR00-1006. James R. Newsome v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA97-1379. Michael D. Carr v. Frank Fletcher Companies, Inc. et al., from Pulaski Circuit, Third Division.
CA00-379. Lark Hunter et ux. v. Vernon L. Robertson, from Pulaski Chancery, Sixth Division.
CA00-605. Eddie L. Patterson v. Mitchell Machinery et al., from Workers' Compensation Commission.
CA00-648. Roger D. Gillihan v. JoAnn Gillihan, from Izard Chancery.
CA00-656. Bobbie Smith v. County Market/Southeast Foods et al., from Workers' Compensation Commission.
CA00-676. Meredith Thomas v. Mike Thomas et ux., from Lonoke Chancery.
CA00-783. Rex Jones et ux. v. Tim Byrd et al., from Randolph Chancery.
CA00-808. Jacob Van Pelt v. Sharon Van Pelt, from Pulaski Chancery, Sixth Division.
CA00-889. Irene Hockersmith v. Glen Hockersmith, from Saline Probate.
CA00-890. Cannon Computer Company v. Kenneth J. Douglas et al., from Sebastian Circuit, Fort Smith District.
CA00-944. Wal-Mart Stores, Inc, et al. v. Kemberly Brown, from Workers' Compensation Commission.
CA00-989. Diana M. Maulding v. Elsie E. Heasley, from Pulaski Chancery, Fifth Division.
CA00-1000. Rodney Thompson v. Bennigans, from Workers' Compensation Commission.
CA00-1111. Lavon (Hawks) Sory v. Bobby Woodall, from Benton Chancery.
The following cases are appeals from the Arkansas Board of Review.
E00-237. Doyle Green v. Director et al.
E00-273. Tanya L. Hughes v. Director et al.
E00-274. Penny J. Hawks v. Director et al.
E00-275. Tham Van Le v. Director et al.
E00-276. Johnny L. Harris v. Director et al.
E00-277. Demetria G. Townsend v. Director et al.
E00-279. David Dillon v. Director et al.
E00-280. Tametris L. Barnett v. Director et al.
E00-281. Joe M. Jones, Jr. v. Director et al.
E00-283. Barbara M. Swaffer v. Director et al.
E00-286. Mark L. Daniels v. Director et al.
E00-287. Freeman Decker v. Director et al.