Bowen v. State (Roaf, J.) CACR00-537

Criminal procedure -- Speedy trial; trial court correctly found that continuance was considered joint request; matter of speedy trial was of no consequence where order granting continuance was untimely filed; trial court's failure to comply with Ark. R. Crim. P. 28.3(1) does not result in automatic reversal. [HTML, WP5.1]

Cavaliere v. Skelton (Hart, J.) CA00-772

Judgment -- Summary judgment properly granted; appellants failed to meet proof with proof when responding to summary-judgment motion. [HTML, WP5.1]

Davenport v. Lee (Roaf, J.) CA00-696

Executors & administrators -- Wrongful-death action; appellant could not proceed individually where personal representative appointed; filing of pleading by person not entitled to practice law in state; initial complaint not nullity for purposes of tolling statute of limitations but instead amendable defect. [HTML, WP5.1]

Frawley v. Nickolich (Baker, J.) CA00-872

Principal & agent -- Distribution of business cards; substantial evidence from which agency could conclude that appellant's friend was acting on appellant's behalf; sanctions imposed fair & reasonable. [HTML, WP5.1]

Harris v. State (Stroud, C.J.) CACR00-943

Evidence -- Sufficient to sustain conviction for simultaneous possession of drugs & firearms; trial court affirmed. [HTML, WP5.1]

J.R. v. State (Robbins, J.) CA00-885

Criminal procedure -- Motion for dismissal untimely; review of sufficiency argument precluded on appeal; State presented substantial evidence that appellant was in possession of drugs. [HTML, WP5.1]

Newsome v. State (Vaught, J.) CACR00-1006

Appeal & error -- Appellant's abstract did not include proffer of requested instructions; trial court's refusal to give requested instructions affirmed; trial court did not abuse discretion in allowing psychiatrist's testimony. [HTML, WP5.1]

Office of Child Support Enfcm't v. Neely (Bird, J.) CA00-789

Parent & child -- Arkansas court order does not nullify sister court's support decree in RURESA proceeding unless order specifically provides for nullification; orders of chancellor did not contain express words of nullification; arrearage continued to accrue under Texas decree. [HTML, WP5.1]

Rowell v. Curt Bean Lumber Co. (Baker, J.) CA00-884

Workers' compensation -- Commission remanded undecided issue; case dismissed due to lack of final appealable order. [HTML, WP5.1]

Southwestern Bell Mobile Sys., Inc. v. Arkansas Pub. Serv. Comm'n (Vaught, J.) CA00-407

Public Service Commission -- Regulatory & assessment power; nothing in statutes indicates legislative intent that assessment power be exercised only over regulated entities; terms "telephone" & "telephonic" are flexible enough to encompass changes in telephone communication; appellants were subject to assessment as "other similar companies." [HTML, WP5.1]

Tyrone v. Dennis (Bird, J.) CA00-682

Civil procedure -- Abuse-of-discretion standard applied in reviewing grant of default judgment pursuant to Ark. R. Civ. P. 55(c); default judgment properly granted; no abuse of discretion found; federal standards not adopted by state supreme court; appellate court obliged to follow state precedent. [HTML, WP5.1]

Valdez v. Lippard (Roaf, J.) CA00-516

Damages -- Compensatory damages; jury's award could not be sustained by evidence; appellant barred from raising punitive-damages issue where she accepted remitted judgment; dismissal required. [HTML, WP5.1]

Arkansas Steel Erectors, Inc. v. M. C. White Constr. Co., CA 00-507 (Pittman, J.), reversed and remanded April 4, 2001. [HTML, WP5.1]

Azzurro v. State, CA CR 00-907 (Griffen, J.), affirmed April 4, 2001. [HTML, WP5.1]

Corrugated Mach., Inc. v. Campbell, CA 00-873 (Neal, J.), affirmed April 4, 2001. [HTML, WP5.1]

Davis v. Arkansas Heart Hosp., CA 00-668 (Jennings, J.), affirmed April 4, 2001. [HTML, WP5.1]

Ecton v. State, CA CR 00-880 (Jennings, J.), affirmed April 4, 2001. [HTML, WP5.1]

Fleming Co. v. Tucker Abstract Co., CA 00-959 (Stroud, C.J.), appeal dismissed April 4, 2001. [HTML, WP5.1]

Johnson v. SMI Joist Co., CA 00-891 (Robbins, J.), affirmed April 4, 2001. [HTML, WP5.1]

Philpot v. State, CA CR 00-1098 (Crabtree, J.), affirmed April 4, 2001. [HTML, WP5.1]

Pool v. State, CA CR 00-953 (Neal, J.), affirmed April 4, 2001. [HTML, WP5.1]

Songer v. Black River Area Dev., CA 00-918 (Crabtree, J.), affirmed April 4, 2001. [HTML, WP5.1]

Thomas v. Thomas, CA 00-676 (Griffen, J.), appeal dismissed April 4, 2001. [HTML, WP5.1]

Walls v. Walls, CA 00-837 (Bird, J.), affirmed April 4, 2001. [HTML, WP5.1]

Witt v. Witt, CA 00-928 (Bird, J.), affirmed April 4, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-943. Teresa Ann Harris v. State of Arkansas, from Cleveland Circuit. Affirmed. Jennings and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA00-959. Fleming Companies, Inc. v. Tucker Abstract Company, from Benton Chancery. Appeal Dismissed. Jennings and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA00-507. Arkansas Steel Erectors, Inc. v. M. C. White Construction Company, Inc. et al., from Baxter Circuit. Reversed and Remanded. Baker and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-772. Tony and Karen Cavaliere v. David Skelton, James Sanders, Tiffani and Damon Jones, and Danny Johnson, from Faulkner Chancery. Affirmed. Pittman and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-880. Patricia Ecton v. State of Arkansas, from Mississippi Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-668. Bridgette Davis v. Arkansas Heart Hospital, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA00-885. J.R. v. State of Arkansas, from Benton Chancery, Juvenile Division. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA00-891. Louis Johnson, Jr. v. SMI Joist Company, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA00-682. James Tyrone v. Marcus Dennis, from Crittenden Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-789. Office of Child Support Enforcement v. Michael B. Neely, from Union Chancery. Reversed and Remanded. Robbins, J., agrees. Roaf, J., concurs. (10 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-837. Angela Walls v. Courtney Walls, from Pulaski Chancery. Affirmed. Robbins and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-928. Veronica Witt v. David Witt, from Washington Chancery. Affirmed. Robbins and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-907. Frank Azzurro and George Young v. State of Arkansas, from Washington Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-676. Merideth Thomas v. Mike and Carolyn Thomas, from Lonoke Chancery. Appeal Dismissed. Crabtree and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-953. Talisa Pool v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-873. Corrugated Machinery, Inc. v. Ed Campbell, d/b/a Highland Hackers, from Carroll Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1006. James R. Newsome v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman, J., agrees. Hart, J., concurs. (4 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-407. Southwestern Bell Mobile Systems, Inc., et al. v. Arkansas Public Service Commission, from Pulaski Circuit. Affirmed. Pittman, Hart, Griffen, Crabtree, and Baker, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-1098. Jeremy Philpot v. State of Arkansas, from Sebastian Circuit. Affirmed. Griffen and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-918. Betty Songer v. Black River Area Development, from Workers' Compensation Commission. Affirmed. Griffen and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA00-872. Elizabeth Frawley and J & J Bonding, Inc. v. Tom Nickolich, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-884. Rex Rowell v. Curt Bean Lumber Company, from Workers' Compensation Commission. Dismissed. Griffen and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-537. James R. Bowen and James Richard Cagle v. State of Arkansas, from Ouachita Circuit. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-516. Loretta Valdez v. Richard Lippard, from Scott Circuit. Affirmed in Part; Dismissed in Part. Robbins and Bird, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-696. Ron and Ramona Davenport et al. v. Tyrone Lee, M.D., Conway Regional Medical Center; Craig Cummins, M.D.; and James Throneberry, M.D., from Faulkner Circuit. Reversed and Remanded. Robbins and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

CA99-1477. Angela Walls v. Courtney Walls, from Pulaski Probate, Third Division.

CA00-147. Regions Bank & Trust, N.A., Administrator of the Estate of Victoria Ann Elder v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit.

CA00-236. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District.

CA00-340. Terry Ward d/b/a Ward's Pools & Spas v. David B. Switzer and Patricia L. Switzer, from Garland Circuit.

CA00-538. Blandina Spencer v. Stone Container Corporation, from Workers' Compensation Commission.

CA00-647. Clay M. Goodson and Florence Goodson v. Mary Carolyn Goodson, from Pulaski Circuit, Third Division.

CA00-746. Swan Lake Flying Service, Inc. v. Apollo-Lakewood Aerial Services, Inc., from Jefferson Circuit.

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

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CACR99-551. Daniel Johnson v. State of Arkansas, from Saline Circuit. Motion of William O. James, Jr. for attorney's fees is granted. Allowed $850.00.

CACR00-401. Sheri Lynn Langston a/k/a Sheri Lynn Smith v. State of Arkansas, from Union Circuit. Appellant's motion to supplement the abstract is granted. Abstract deemed supplemented.

CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion to reinstate appeal is granted.

CACR00-984. Joseph W. Eads v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for reconsideration to withdraw counsel's brief and to proceed pro se is denied.

CACR00-984. Joseph W. Eads v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for transcript is denied.

CACR00-1042. LaJoyya Ashley Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file enlarged brief is granted.

CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's second motion for enlargement of time to supplement the record and for brief time is granted. Record to be lodged within thirty days. Brief due in sixty days.

CACR00-1372. James Minton v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is granted. See Payne v. State, 327 Ark. 25, 937 S.W.2d 160 (1997). Baker, J., not participating.

CACR00-1406. Charles E. Johnson v. State of Arkansas, from Ouachita Circuit. Appellant's motion for additional brief time is granted.

CACR01-176. Willie Britton v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to stay brief time is granted.

CACR01-218. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of John Wesley Hall to be substituted as counsel for appellant and to relieve J. Slocum Pickell as counsel is granted.

CACR01-257. Matthew Coon v. State of Arkansas, from Crawford Circuit. Motion of J. Marvin Honeycutt to be relieved as counsel for appellant is granted.

CACR01-257. Matthew Coon v. State of Arkansas, from Crawford Circuit. Motion of Thurman Ragar, Jr., to be substituted as counsel for appellant is granted.

CACR01-274. Jerry Acrey v. State of Arkansas, from Craighead Circuit, Western District. Motion of Randel Miller to withdraw as counsel for appellant is granted. Pittman, Jennings, Griffen, Baker, and Roaf, JJ., would deny. Crabtree, J., not participating. Appellant's brief due in forty days.

CA98-1068. Continental Express, Inc. v. Marty Freeman, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA00-421. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Appellant's motion to recall mandate is denied.

CA00-1302. John E. Atkins v. Bob E. Fewell et al., from Pulaski Chancery, First Division. Motion of separate appellees to supplement the record is granted. Record deemed supplemented.

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se petition for writ of certiorari to complete the record is denied.

E01-66. Virginia Gulley v. Director et al., from Board of Review. Appellant's pro se motion for belated appeal is denied.

The following case is dismissed for failure to pursue appeal.

CA97-947. Michael Ted Miller v. Janet Carol Miller, from Lafayette Chancery.

PETITIONS FOR REHEARING:

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

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

CA00-275. John E. Searcy, III v. Emmett Davenport, from Van Buren Chancery.

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

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

E00-272. Donna F. Dupree v. Director et al., from Board of Review.

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CACR00-121. Trish Goman v. State of Arkansas, from Garland Circuit. Motion of Steven R. Davis for attorney's fees.

CACR00-348. Broderick Collier v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Tammy L. Harris for attorney's fees.

CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for extension of time to file points for reversal.

CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for transcript.

CACR01-87. Johnny Anthony Ray v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal and for brief time.

CACR01-306. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit. Motion of LaJeana Jones to be relieved as counsel for appellant and to appoint Patrick Benca as counsel.

CACR01-327. Doug King v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Steve J. Jackson to withdraw as counsel for appellant.

CACR01-341. Greg Lamont Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to proceed in forma pauperis.

CA00-274. Dale Moore v. Sallye Hof, from Benton Circuit. Appellee's motion for attorney's fees and costs.

CA00-331. Louanne Parker v. John Matthew Parker, from Craighead Chancery, Western District. Appellant's motion to advance case on docket and for emergency relief.

CA00-1212. Alan Palmer v. Melvin Palmer, from Polk Chancery. Appellant's motion to tax costs of additional record.

CA00-1314. Christine Cassat v. Allison Hennis, from Pulaski Probate, Fifth Division. Appellee's motion to supplement brief.

CA00-1461. Geneva Layes v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellant's motion to file substituted brief.

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

CA01-309. Omar Jaraki, M.D. v. Cardiology Associates of Northeast Arkansas, P.A., from Craighead Chancery, Western District. Appellant's motion to shorten briefing schedule.

CA01-309. Omar Jaraki, M.D. v. Cardiology Associates of Northeast Arkansas, P.A., from Craighead Chancery, Western District. Appellant's motion to expedite appeal.

CA01-330. Doris Butler v. Mid-South Road Builders, Inc., from St. Francis Circuit. Appellant's motion for accelerated proceedings. (Appellee has included a motion to dismiss appeal with its response to appellant's motion for accelerated proceedings.)

CA01-330. Doris Butler v. Mid-South Road Builders, Inc., from St. Francis Circuit. Appellant's motion for temporary relief.

CA01-338. Allen Kilshaw et al. v. Richard Allen et al., from Pulaski Probate, Sixth Division. Appellants' motion for stay pending appeal.

CA00-985. Carey Barker v. Rogers Group, Inc. et al., from Faulkner Circuit. Argued orally.

CA00-1212. Alan Palmer v. Melvin Palmer, from Polk Chancery. Argued orally.

CACR99-546. Hosie Gant v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-804. Timothy Deshun Bohanon v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-920. Daniel R. Fornes v. State of Arkansas, from Boone Circuit.

CACR00-963. Troy David Rupe v. State of Arkansas, from Lincoln Circuit.

CACR00-1056. Jimmie Lamb v. State of Arkansas, from St. Francis Circuit.

CACR00-1057. Roy Newton v. State of Arkansas, from Pope Circuit.

CACR00-1061. Jimmy Strickland v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-1115. Tony Bonham, Jr. v. State of Arkansas, from Poinsett Circuit.

CA00-673. Rennae Sims et al. v. First State Bank of Plainview, from Yell Circuit, Northern District.

CA00-749. Thelmon Odell Thomas v. Domicile Property Management, Inc. et al., from Pulaski Circuit, Third Division.

CA00-934. Shonda Brown et al. v. Ruallam Enterprises, Inc., from Greene Chancery.

CA00-945. White Consolidated Industries, Inc. v. Billy Ray Thompson, from Drew Circuit.

CA00-961. Billy Carpenter v. Stanley Ziomeck, M.D., from Drew Circuit.

CA00-1017. Richard Campbell v. United Parcel Service, Inc. et al., from Workers' Compensation Commission.

CA00-1028. Larry Osborn v. City of Fort Smith, from Workers' Compensation Commission.

CA00-1040. Lois Shackelford v. Dollar General Stores, from Workers' Compensation Commission.

CA00-1070. Jesus Rostro v. Cargill, Inc., from Workers' Compensation Commission.

CA00-1105. Henry Clyde Haynes v. Amy Camille Haynes, from Faulkner Chancery.

CA00-1142. Johnny Carter v. Arkansas State University et al., from Workers' Compensation Commission.

CA00-1145. Arkansas Aluminum Alloys et al. v. Phillip Taylor, from Workers' Compensation Commission.

CA00-1170. Ethel M. "Rosie" Wilkins v. Arkansas Department of Human Services, from Baxter Chancery.

CA00-1231. Troy Pierce v. Casie Pierce, from Jefferson Chancery.