Tyler v. Talburt (Hart, J.) CA00-898

Courts -- Subject-matter jurisdiction; matter reversed & remanded with instructions to dismiss where statutory law precluded Arkansas courts from entertaining petitions to modify Texas spousal-support orders. [HTML, WP5.1]

Wagnon v. Arkansas Health Servs. Agency (Roaf, J.) CA00-317

Administrative law & procedure -- Agency rulemaking procedures; Commission did not abuse discretion in repealing emergency rule not adopted in accordance with law; chance to apply for permit not equivalent to substantive right. [HTML, WP5.1]

White v. State (Neal, J.) CACR00-1023

Automobiles -- DWI; improper admission of breathalyzer test was prejudicial error; conviction for DWI reversed; conviction for driving with suspended license affirmed. [HTML, WP5.1]

Barbee v. State, CA CR 00-486 (Stroud, C.J.), affirmed April 11, 2001. [HTML, WP5.1]

Earnest v. State, CA CR 00-739 (Pittman, J.), remanded April 11, 2001. [HTML, WP5.1]

Gillihan v. Gillihan, CA 00-648 (Jennings, J.), affirmed April 11, 2001. [HTML, WP5.1]

Murry v. State, CA CR 00-980 (Robbins, J.), affirmed April 11, 2001. [HTML, WP5.1]

Omni Holding & Dev. Corp. v. Farm Bureau Mut. Ins. Co. of Ark., CA 00-811 (Pittman, J.), affirmed April 11, 2001. [HTML, WP5.1]

Smith v. State, CA CR 00-1039 (Vaught, J.), affirmed April 11, 2001. [HTML, WP5.1]

Soterra, L.L.C. v. Albert, CA 00-776 (Baker, J.), remanded April 11, 2001. [HTML, WP5.1]

Springs v. State, CA CR 99-715 (Griffen, J.), affirmed April 11, 2001. [HTML, WP5.1]

Vickers v. Morrison, CA 00-914 (Crabtree, J.), affirmed on direct appeal and cross-appeal April 11, 2001. [HTML, WP5.1]

Byrd v. Director of Labor, E 00-294, April 11, 2001.

Cooper v. Director of Labor, E 00-293, April 11, 2001.

Harvell v. Director of Labor, E 00-290, April 11, 2001.

Holliman v. Director of Labor, E 00-292, April 11, 2001.

Hollins v. Director of Labor, E 00-298, April 11, 2001.

Kelley v. Director of Labor, E 00-300, April 11, 2001.

Lambert v. Director of Labor, E 00-284, April 11, 2001.

McIlvoy v. Director of Labor, E 00-282, April 11, 2001.

Renshaw v. Director of Labor, E 00-288, April 11, 2001.

Selby v. Director of Labor, E 00-285, April 11, 2001.

Valley Motors v. Director of Labor, E 00-296, April 11, 2001.

Young v. Director of Labor, E 00-289, April 11, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-486. Shawn Barbee v. State of Arkansas, from Ashley Circuit. Affirmed. Pittman and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-739. Deon Earnest v. State of Arkansas, from Pulaski Circuit, Fourth Division. Remanded. Hart and Vaught, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CA00-811. Omni Holding & Development Corporation v. Farm Bureau Mutual Insurance Company of Arkansas, Inc., from Crittenden Circuit. Affirmed. Baker and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-898. Michele Tyler v. Eddie D. Talburt, from Benton Chancery. Reversed and Remanded with Instructions to Dismiss. Neal and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA00-648. Roger Gillihan v. Joann Gillihan, from Izard Chancery. Affirmed. Neal and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-980. Chet Lee Murry v. State of Arkansas, from Monroe Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-715. Timothy Andrew Springs v. State of Arkansas, from Sebastian Circuit. Affirmed. Jennings and Bird, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1023. Darrell W. White v. State of Arkansas, from Pulaski Circuit. Affirmed in Part, Reversed in Part. Hart and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1039. Christopher Darnell Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA00-914. L. D. Vickers v. Terry Morrison, from Pulaski Chancery. Affirmed on Direct Appeal and Cross-Appeal. Robbins and Vaught, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA00-776. Soterra, L.L.C. a/k/a Soterra, Inc. v. Stephen Albert and Joseph Albert, Jr., from Pulaski Chancery. Remanded. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-317. Sheila Wagnon, d/b/a Ouachita Valley Nursing Center, Inc. v Arkansas Health Services Agency, et al., from Pulaski Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (7 PAGES PUBLISHED) [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).

E00-282. Dana McIlvoy v. Director et al.

E00-284. Paul E. Lambert v. Director et al.

E00-285. Kimberley L. Selby v. Director et al.

E00-288. Tim C. Renshaw v. Director et al.

E00-289. Joe Young v. Director et al.

E00-290. Donna J. Harvell v. Director et al.

E00-292. Gregory Holliman v. Director et al.

E00-293. Gregory L. Cooper v. Director et al.

E00-294. Brenda G. Byrd v. Director et al.

E00-296. Valley Motors v. Director et al.

E00-298. Steven B. Hollins v. Director et al.

E00-300. David Kelley v. Director et al.

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

CACR99-1112. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden 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 is granted. Allowed $850.00.

CACR00-348. Broderick Collier v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Tammy L. Harris for attorney's fees is granted. Allowed $850.00.

CACR00-429. Benjamin Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for extension of time to file points for reversal is denied. However, appellant's motion is accepted as his points for reversal.

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

CACR01-87. Johnny Anthony Ray v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is granted. Griffen and Neal, JJ., would deny. See Elms v. State, 299 Ark. 419, 773 S.W.2d 89 (1989).

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 is granted.

CACR01-341. Greg Lamont Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to proceed in forma pauperis is granted. Appellant's brief due  May 21, 2001. Neal, J., not participating.

CA00-274. Dale Moore v. Sallye Hof, from Benton Circuit. Appellee's motion for attorney's fees is denied. Costs assessed on mandate.

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

CA00-776. Soterra, L.L.C. et al. v. Stephen Albert et al., from Pulaski Chancery, Third Division. Appellees' motion for attorney's fees is denied.

CA00-850. Cheryl Paslay v. Arkansas Department of Human Services, from White Chancery. Appellee's motion to file belated brief is granted.

CA00-1129. Sandy Bures v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Motion of Attorney Ad Litem to dismiss appeal is granted.

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

CA00-1461. Geneva Layes v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellant's motion to file substituted brief is granted. Substituted brief to be filed within thirty days.

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 is denied.

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 is denied.

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 is denied.

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

CA00-978. Mildred Moore v. Pulaski County Special School District, from Pulaski Circuit, Third Division. Argued orally.

CACR00-706. James L. Davis v. State of Arkansas, from Clark Circuit.

CACR00-755. Charles Alan Winston v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-903. William Hadl v. State of Arkansas, from Craighead Circuit, Western District.

CACR00-999. Rondal Campbell v. State of Arkansas, from Newton Circuit.

CACR00-1021. Charles Worthem v. State of Arkansas, from Fulton Circuit.

CACR00-1065. Raymond Patrick v. State of Arkansas, from Pope Circuit.

CACR00-1066. Angela McConnell v. State of Arkansas, from Pope Circuit.

CACR00-1134. Travis Hill v. State of Arkansas, from Washington Circuit.

CACR00-1138. Scott Thomas Cragar v. State of Arkansas, from Conway Circuit.

CA00-738. Gladys F. Bryant v. Ferne Pettingill, from Faulkner Chancery.

CA00-843. Terrell Bishop, Jr. v. Connie Hubbard Bishop, from Yell Chancery, Southern District.

CA00-949. Janice Tackett v. Merchant's Security Patrol, from Washington Circuit.

CA00-1075. Arkansas Department of Human Services v. Ethel Keeling, from Searcy Probate.

CA00-1085. Buddy York Bail Bonds, Inc. v. Anthony Walker, from Pulaski Chancery, Fifth Division.

CA00-1088. Timothy C. Lee v. Dr. Pepper Bottling Company, from Workers' Compensation Commission.

CA00-1094. Charlotte Harris v. Pt. SW SE 1/4 of Section 20, Township 25, Range 11 West, from Pulaski Chancery, First Division.

CA00-1143. James Irby Seay, Jr. et al. v. Helen S. Quinn et al., from Arkansas Probate, Northern District.

CA00-1157. Janice Hurley v. James M. Hurley, from Miller Chancery.

CA00-1162. Brenda Cogburn (McGee) v. OK Foods, Inc., from Workers' Compensation Commission.

CA00-1163. Ernestine Schones v. Samuel W. France et ux., from Washington Chancery.

CA00-1172. J-Mar Express, Inc. et al. v. Carl R. Hutson, from Workers' Compensation Commission.

CA00-1196. Sandra Ann Ford (Carney) v. William Rialto Ford, from Crawford Chancery.

CA00-1368. Walton Thomas Buckley v. Kimberly Kaye Carter Buckley, from Crittenden Chancery.

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

E00-299. Terry Smith v. Director et al.

E00-301. Bernice Duhart v. Director et al.

E00-302. James Beebe v. Director et al.

E00-303. James Williams v. Director et al.

E00-304. Charles E. Peoples, Jr. v. Director et al.

E00-305. Michael W. Burgess v. Director et al.

E00-306. Doris M. Sneed v. Director et al.

E00-308. Corliss McNair v. Director et al.

E00-309. Geoffrey A. Davenport v. Director et al.

E00-310. Merline Franklin v. Director et al.

E00-311. James G. Morgan v. Director et al.

E00-313. Judy Andrews v. Director et al.