Auto Connection, Inc. v. Gardner (Crabtree, J.) CA00-415

Judgment -- Summary-judgment award affirmed; appellants failed to satisfy statutory authority requirements; award of damages affirmed; no proof of windfall. [HTML, WP5.1]

Fleming v. Director (Hart, J.) E00-216

Unemployment compensation -- Misconduct; Board of Review could not have reasonably concluded that appellant's actions constituted misconduct. [HTML, WP5.1]

Fouse v. State (Neal, J.) CACR00-477

Search & seizure -- State waived right to challenge appellant's legitimate expectation of privacy; statements in affidavit insufficient to establish probable cause; personal observations of public officials provided confirmation of information supplied by informants; warrant did not violate prohibitions against unreasonable search & seizure; affidavit sufficiently stated when criminal activity asserted as basis for search occurred. [HTML, WP5.1]

Hoey v. State (Bird, J.) CACR00-707

Search & seizure -- Warrantless search; may not precede arrest & serve as justification for it; reasonable suspicion could not have arisen before removal of plastic bag from appellant's pocket; no reasonable cause existed for search of appellant's person. [HTML, WP5.1]

Mathis v. State (Hart, J.) CACR00-551

Criminal procedure -- Stopping & detention; trial court clearly erred in finding police officer had reasonable suspicion to detain appellant. [HTML, WP5.1]

Morgan v. State (Robbins, J.) CACR00-598

Criminal procedure -- Decision appellant that failed to comply with terms of probation not against preponderance of evidence; violation of one condition of probation sufficient for revocation. [HTML, WP5.1]

Pack v. State (Griffen, J.) CA00-736

Criminal law -- Evidence sufficient tot support finding that appellant was liable as accomplice; trial court did not err in denting motion to suppress where statement was neither custodial nor product of State interrogation. [HTML, WP5.1]

Rippee v. Walters (Robbins, J.) CA00-834

Pleading -- Appellant alleged no facts to support claim that implied or express contract was breached or that constructive trust should be established; claim defeated; chancellor did not err in dismissing appellant's complaint concerning imposition of constructive trust. [HTML, WP5.1]

Rolling Pines Ltd. Partnership v. City of Little Rock (Jennings, J.) CA00-165

Zoning & planing -- Eight requirements for "minimum siting standards"; Commission could consider matters in addition to requirements in assessing conditional use; aggregate placement of manufactured homes was not compatible with character of existing neighborhood; Commission's determination was appropriate exercise of discretion. [HTML, WP5.1]

Wheeler Constr. Co. v. Armstrong (Neal, J.) CA00-875

Workers' compensation -- Temporary total or temporary partial disability benefits to be received during healing period or until employee returns to work; demonstration of actual incapacity to earn wages not required; appellee entitled to temporary total disability benefits; Commission's finding that healing period did not end before return to work supported by substantial evidence. [HTML, WP5.1]

Allen v. Goings, CA 00-823 (Hart, J.), affirmed March 14, 2001. [HTML, WP5.1]

Bagby v. State, CA CR 00-737 (Neal, J.), affirmed March 14, 2001. [HTML, WP5.1]

Flud v. State, CA CR 00-695 (Stroud, C.J.), affirmed March 14, 2001. [HTML, WP5.1]

Kidd v. Eoff, CA 00-156 (Crabtree, J.), affirmed March 14, 2001. [HTML, WP5.1]

Lovett v. State, CA CR 00-679 (Griffen, J.), affirmed March 14, 2001. [HTML, WP5.1]

McWilliams v. Schmidt, CA 00-955 (Vaught, J.), affirmed March 14, 2001. [HTML, WP5.1]

Medlock v. State, CA CR 00-209 (Crabtree, J.), affirmed March 14, 2001. [HTML, WP5.1]

Nelson v. State, CA CR 00-659 (Griffen, J.), affirmed March 14, 2001. [HTML, WP5.1]

Parks v. Death & Permanent Total Disability Trust Fund, CA 00-879 (Jennings, J.), affirmed March 14, 2001. [HTML, WP5.1]

Robinson v. State, CA CR 00-967 (Vaught, J.), affirmed March 14, 2001. [HTML, WP5.1]

Searcy v. Davenport, CA 00-275 (Pittman, J.), affirmed March 14, 2001. [HTML, WP5.1]

Smith v. State, CA CR 00-391 (Baker, J.), affirmed March 14, 2001. [HTML, WP5.1]

Brown v. Director of Labor, E 00-264, March 14, 2001.

Coleman v. Director of Labor, E 00-263, March 14, 2001.

Dupree v. Director of Labor, E 00-272, March 14, 2001.

Hasley v. Director of Labor, E 00-270, March 14, 2001.

Hutchins v. Director of Labor, E 00-268, March 14, 2001.

Kelley v. Director of Labor, E 00-262, March 14, 2001.

Scott v. Director of Labor, E 00-267, March 14, 2001.

Stensrud v. Director of Labor, E 00-266, March 14, 2001.

Vanoven v. Director of Labor, E 00-261, March 14, 2001.

Wilson v. Director of Labor, E 00-269, March 14, 2001.

Wood v. Director of Labor, E 00-271, March 14, 2001.

Young v. Director of Labor, E 00-265, March 14, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-695. Clinton Flud v. State of Arkansas, from Boone Circuit. Affirmed. Jennings and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA00-275. John E. Searcy, III v. Emmett Davenport, from Van Buren Chancery. Affirmed. Crabtree and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-551. Arley David Mathis v. State of Arkansas, from White Circuit. Reversed and Remanded. Pittman and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-823. Jerry Allen v. Mark Goings et al., from Lonoke Chancery. Affirmed. Pittman and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E00-216. Timothy J. Fleming v. Director, Employment Security Department and T. J. Smith Box Company, Inc., from Board of Review. Reversed and Remanded. Stroud, C.J., and Jennings, Bird, and Vaught, JJ., agree. Crabtree, J., dissents. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA00-165. Rolling Pines Limited Partnership v. City of Little Rock, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

CA00-879. Myrtle Parks v. Death and Permanent Total Disability Trust Fund, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-598. Thomas K. Morgan v. State of Arkansas, from Johnson Circuit. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA00-834. Ray E. Rippee v. Dorothy Sue Walters, from Crawford Circuit. Affirmed. Bird and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-707. James Harold Hoey v. State of Arkansas, from Greene Circuit. Reversed and Remanded. Vaught, J., agrees. Stroud, C.J., concurs. (6 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-659. Daniel Lavern Nelson v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Crabtree and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-679. Robert Lovett v. State of Arkansas, from Jefferson Circuit. Affirmed. Crabtree and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-736. April Pack v. State of Arkansas, from Washington Chancery, Juvenile Division. Affirmed. Robbins and Neal, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-477. Darrell Patrick Fouse v. State of Arkansas, from Jackson Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-737. Patricia Bagby v. State of Arkansas, from Yell Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-875. Wheeler Construction Company v. Raymond L. Armstrong, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Jennings, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-967. Johnny Robinson v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Hart, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-955. Clyde McWilliams v. Karl Schmidt et al., from Pulaski Chancery. Affirmed. Pittman and Hart, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-209. Victor Medlock, Jr. v. State of Arkansas, from Sebastian Circuit. Affirmed. Griffen and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-156. Ann Kidd et al. v. Glada Eoff and Wanda Tomlinson, from Van Buren Chancery. Affirmed. Hart and Jennings, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-415. Auto Connection, Inc., Jimmy Smith, Individually and d/b/a The Auto Connection, and H. P. Fraley, Individually and as Agent, Servant and Employee v. Nina Sue Gardner, from Crittenden Circuit. Affirmed. Griffen and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-391. James E. Smith v. State of Arkansas, from Stone Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 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).

E00-261. 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.

PER CURIAM ORDERS

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

CACR00-777. John W. Turnage v. State of Arkansas, from Lonoke Circuit.

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CACR00-137. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $850.00.

CACR00-477. Darrell Patrick Fouse v. State of Arkansas, from Jackson Circuit. Motion of Patrick J. Benca for attorney's fees is denied. See opinion this date.

CACR00-1334. Richard Dale Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for appointment of counsel is granted. Caroline L. Winningham is appointed to represent the appellant. Appellant's brief due April 23, 2001.

CACR01-142. Lenois King v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for appointment of new counsel is granted. Kelly Atkins is appointed to represent the appellant. Appellant's brief due April 23, 2001.

CA97-1379. Michael D. Carr v. Frank Fletcher Companies, Inc. et al., from Pulaski Circuit, Third Division. Appellant's motion to correct the record is granted.

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 is granted.

CA00-617. Melvin Wiley et al. v. Carolyn J. Wiley, from Johnson Chancery. Appellants' motion to allow revised brief is denied.

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

CA00-1118. Theo Dickerson, Jr. et al. v. State of Arkansas Child Support Enforcement Unit,

from Jefferson Chancery. Appellants' motion to revise brief is granted. Brief due April 12, 2001.

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 is granted.

CA00-1339. JE Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit. Appellant's motion to show impracticability and to request waiver is granted.

CA00-1355. Anthony Kenney v. Dixie Restaurant, from Workers' Compensation Commission. Appellant's pro se motion for additional brief time 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 additional brief time is granted. Brief due thirty days after the record is filed. Show cause motion passed.

CA01-6. Donald Bratton v. Conseco Finance Servicing Corporation, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal is granted.

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 is denied.

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 is denied. Baker, J., would grant. Appellant's brief due April 12, 2001.

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 is denied.

E00-304. Charles E. Peoples, Jr. v. Director et al., from Board of Review. Appellant's pro se motion to supplement the record is denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR00-77. James M. Bohanan v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR00-246. Richard McCormick v. State of Arkansas, from Washington Circuit.

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CACR00-788. Douglas Moten v. State of Arkansas, from Crittenden Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR00-793. Terp Glenn Leeroy Hodge and Christopher David Couch, Jr. v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees.

CACR00-1104. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit. Appellant's motion for extension of brief time.

CACR00-1316. Greg Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion for appointment of counsel.

CA00-1064. Donna Snow Burks et al. v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District. Appellee's petition for writ of certiorari to complete the record and for brief time.

CA00-1099. Carol Minyard v. Peter E. Habbe, from Montgomery Chancery. Appellant's motion to supplement the record.

CA00-1391. City of Dover v. City of Russellville et al., from Pope Circuit. Appellant's motion to file enlarged brief and for brief time.

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion to supplement the record and for brief time.

CA01-203. Owners Association of Foxcroft Woods, Inc. et al. v. Foxglen Associates et al., from Pulaski Chancery, Fifth Division. Appellant's motion to waive abstracting requirement.

CA01-222. Clyde McWilliams v. Karl W. Schmidt et al., from Pulaski Circuit, Third Division. Appellant's motion to supplement the record.

CA01-251. Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Running M Farms, Inc. et al., from Lafayette Circuit. Appellant's petition for writ of certiorari to complete the record.

CA01-252. First United Bank, Trustee v. Phase II, Edgewater Addition Residential Property Owners Improvement District No.1 of Maumelle, Arkansas et al., from Pulaski Chancery, Fourth Division. Appellant's motion to consolidate the record in CA99-421 with this appeal.

CA00-407. Southwestern Bell Mobile Systems, Inc. et al. v. Arkansas Public Service Commission, from Pulaski Circuit, Third Division. Argued orally.

CACR00-537. James Ronnie Bowen & James Richard Cagle v. State of Arkansas, from Ouachita Circuit.

CACR00-730. Clara Annette Stevens v. State of Arkansas, from Garland Circuit.

CACR00-802. Terrence D. Box v. State of Arkansas, from Desha Circuit, Arkansas City District.

CACR00-880. Patricia Ecton v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR00-901. Alicen Beckham v. State of Arkansas, from Lonoke Circuit.

CACR00-907. Frank Azzurro and George Young v. State of Arkansas, from Washington Circuit.

CACR00-943. Teresa Ann Harris v. State of Arkansas, from Cleveland Circuit.

CACR00-953. Talisa Pool v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-1098. Jeremy Philpot v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CA00-516. Loretta Valdez v. Richard Lippard, from Scott Circuit.

CA00-728. Wilbert Hervey et ux. v. Johnny Garrett, from Conway Circuit.

CA00-772. Tony Cavaliere et ux. v. David Skelton et al., from Faulkner Chancery.

CA00-872. Elizabeth Frawley v. Tom Nickolich et al., from Pulaski Circuit, Sixth Division.

CA00-873. Corrugated Machinery, Inc. v. Ed Campbell, d/b/a Highland Hackers, from Carroll Circuit, Eastern District.

CA00-884. Rex Rowell v. Curt Bean Lumber Company, from Workers' Compensation Commission.

CA00-885. Jose Manuel Reyes v. State of Arkansas, from Benton Chancery.

CA00-891. Louis Johnson, Jr. v. SMI Joist Company et al., from Workers' Compensation Commission.

CA00-916. Vector Technologies, LDT v. Ashlock Roofing, Inc., from Crawford Circuit.

CA00-918. Betty Songer v. Black River Area Development et al., from Workers' Compensation Commission.

CA00-928. Veronica Witt v. David Witt, from Washington Chancery.

CA00-959. Fleming Companies, Inc. v. Tucker Abstract Company, from Benton Chancery.

CA00-1005. Daniel Kovach v. Flying Saucer Draught Emporium, from Workers' Compensation Commission.

CA00-1073. Craig Brown v. Kawneer Company et al., from Workers' Compensation Commission.