Barnes v. Morrow (Vaught, J.) CA00-1089

Parent & child -- Child support; chancellor's finding of equitable estoppel not clearly erroneous. [HTML, WP5.1]

Bonham v. State (Vaught, J.) CACR00-1115

Crimina law -- Multiple revocations & extension of probation; appellant duly notified of new hearing date; no error found; probable-cause hearing on underlying offense served same purpose as preliminary hearing. [HTML, WP5.1]

Brown v. Ruallam Enters., Inc. (Robbins, J.) CA00-934

Business & commercial law -- Misappropriation of trade secret; reversed & remanded for calculation of damages; award of punitive damages & "rounding off" of profit figure improper. [HTML, WP5.1]

Bukowczyk v. State (Neal, J.) CACR00-982

Criminal law -- Arkansas Hot Check Law; conviction reversed & dismissed where postdated check & memorandum were conclusive evidence of lack of intent to defraud. [HTML, WP5.1]

Newton v. State (Stroud, C.J.) CACR00-1057

Search & seizure -- Vehicular stop; seventeen-to-twenty-minute search was not unreasonable under circumstances; drug dogs identification of drugs in car provided probable cause that drugs were present. [HTML, WP5.1]

Pierce v. Pierce (Roaf, J.) CA00-1231

Parent & child -- Custody cases; appellate court will enter decree that should have been entered where best interest of child warrants; matter reversed & remanded with instructions. [HTML, WP5.1]

Sims v. First State Bank of Plainview (Vaught, J.) CA00-673

Contempt -- Circuit court erred in finding appellants in contempt for not delivering equipment after entry of replevin order; order affirmed in part. [HTML, WP5.1]

Slusher v. Slusher (Griffen, J.) CA00-933

Divorce -- Child custody; chancellor lacked jurisdiction to amend original order. [HTML, WP5.1]

Smith v. County Market/Southeast Foods (Vaught, J.) CA00-656

Workers' compensation -- Medical opinions; Commissions' finding contrary to statute; discogram clearly objective test; muscle spasm & muscle atrophy constitute objective findings; Commission erred in disregarding. [HTML, WP5.1]

Virginia Ins. Reciprocal v. Vogel (Pittman, J.) CA00-781

New trial -- Appeal from grant of; trial court did not act thoughtlessly & without due consideration; trial court did not err in granting new trial on ground of. [HTML, WP5.1]

Brewer v. Arkansas Dep't of Human Servs. (Bird, J.) CA00-098

Juveniles -- Overwhelming evidence that victim's sister abused by one or both parents; parents clearly unfit; unfitness not necessarily predicated upon parent causing direct injury to child in question; juvenile court had jurisdiction to determine whether parent committed offenses listed in statute; no error in refusing to order reunification. [HTML, WP5.1]

Arkansas Aluminum Alloys v. Taylor, CA 00-1145 (Griffen, J.), affirmed April 25, 2001. [HTML, WP5.1]

Beasley v. State, CA CR 00-888 (Jennings, J.), affirmed April 25, 2001. [HTML, WP5.1]

Bohanon v. State, CA CR 00-804 (Hart, J.), affirmed April 25, 2001. [HTML, WP5.1]

Brown v. Kawneer Co., CA 00-1073 (Vaught, J.), reversed April 25, 2001. [HTML, WP5.1]

Campbell v. UPS, Inc., CA 00-1017 (Neal, J.), affirmed in part; reversed and remanded in part April 25, 2001. [HTML, WP5.1]

Cantrell Realty Co. v. Simmons First Nat'l Bank, CA 00-996 (Griffen, J.), affirmed April 25, 2001. [HTML, WP5.1]

Carpenter v. Ziomek, CA 00-961 (Stroud, C.J.), affirmed April 25, 2001. [HTML, WP5.1]

Fornes v. State, CA CR 00-920 (Robbins, J.), affirmed April 25, 2001. [HTML, WP5.1]

Gant v. State, CA CR 99-546 (Jennings, J.), affirmed April 25, 2001. [HTML, WP5.1]

Haynes v. Haynes, CA 00-1105 (Crabtree, J.), affirmed April 25, 2001. [HTML, WP5.1]

Justice v. Little Rock Sch. Dist., CA 00-559 (Jennings, J.), affirmed April 25, 2001. [HTML, WP5.1]

Kovach v. Flying Saucer Draught Emporium, CA 00-1005 (Jennings, J.), affirmed April 25, 2001. [HTML, WP5.1]

Osborn v. City of Fort Smith, CA 00-1028 (Crabtree, J.), affirmed April 25, 2001. [HTML, WP5.1]

Patterson v. Mitchell Mach. Co., CA 00-605 (Hart, J.), affirmed April 25, 2001. [HTML, WP5.1]

Rupe v. State, CA CR 00-963 (Bird, J.), affirmed April 25, 2001. [HTML, WP5.1]

Shackleford v. Dollar Gen. Store, CA 00-1040 (Baker, J.), affirmed April 25, 2001. [HTML, WP5.1]

Stidham v. State, CA CR 00-531 (Pittman, J.), reversed and remanded April 25, 2001. [HTML, WP5.1]

Thomas v. Domicile Prop. Mngmt., Inc., CA 00-749 (Hart, J.), affirmed April 25, 2001. [HTML, WP5.1]

Vector Tech., Ltd. v. Ashlock Roofing, Inc., CA 00-916 (Griffen, J.), affirmed April 25, 2001. [HTML, WP5.1]

White Consol. Indus., Inc. v. Thompson, CA 00-945 (Pittman, J.), affirmed April 25, 2001. [HTML, WP5.1]

Wilkening v. Sun Bay Dev. Corp., CA 00-950 (Jennings, J.), affirmed April 25, 2001. [HTML, WP5.1]

Wilkins v. Arkansas Dep't of Human Servs., CA 00-1170 (Baker, J.), affirmed April 25, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-1057. Roy Newton v. State of Arkansas, from Pope Circuit. Affirmed. Pittman and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA00-961. Billy Carpenter v. Stanley Ziomek, M.D., from Drew Circuit. Affirmed. Pittman and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-531. Rodney Stidham v. State of Arkansas, from Carroll Circuit, Western District. Reversed and Remanded. Hart and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-781. Virginia Insurance Reciprocal v. Eva Vogel, from Crittenden Circuit. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA00-945. White Consolidated Industries, Inc. v. Billy Ray Thompson, from Drew Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-804. Timothy Deshun Bohanon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Neal and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-605. Eddie L. Patterson v. Mitchell Machinery Company, from Workers' Compensation Commission. Affirmed. Stroud, C.J., agrees. Pittman, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA00-749. Thelmon Odell Thomas v. Domicile Property Management, Inc., from Pulaski Circuit. Affirmed. Neal and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-546. Hosie Gant v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-888. James Kelly Beasley v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-559. Marty L. Justice v. Little Rock School District, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-950. Harvey Wilkening and Robert Bolin v. Sun Bay Development Corporation, from Garland Chancery. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1005. Daniel Kovach v. Flying Saucer Draught Emporium, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-920. Daniel R. Fornes v. State of Arkansas, from Boone Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-934. Shonda Brown, Shenia Biggs, Glendia Thomas, Katrena Freeman, and Unique Design Wholesale, Inc. v. Ruallam Enterprises, Inc. d/b/a Lam Containers, from Greene Chancery. Reversed and Remanded. Vaught and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-963. Troy David Rupe v. State of Arkansas, from Lincoln Circuit. Affirmed. Jennings and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA00-916. Vector Technologies, Ltd. v. Ashlock Roofing, Inc., from Crawford Circuit. Affirmed. Crabtree and Baker, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-933. Kenneth Wayne Slusher v. April Dawn Slusher, from Crawford Chancery. Reversed and Remanded with Instruction to Dismiss. Pittman, Robbins, Baker and Roaf, JJ., agree. Neal, J., concurs. (4 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-996. Cantrell Realty Company, Inc. v. Simmons First National Bank, from Jefferson Circuit. Affirmed. Jennings and Bird, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1145. Arkansas Aluminum Alloys and Wausau Insurance Company v. Phillip Taylor, from Workers' Compensation Commission. Affirmed. Jennings and Bird, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-982. Joseph A. Bukowczyk v. State of Arkansas, from Pope Circuit. Reversed and Dismissed. Stroud, C.J., and Jennings, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1017. Richard Campbell v. United Parcel Service, Inc., from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1115. Tony Bonham, Jr. v. State of Arkansas, from Poinsett Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-656. Bobbie Smith v. County Market/Southeast Foods and Wausau Insurance Company, from Worker's Compensation Commission. Reversed and Remanded. Pittman, Hart, Griffen, Crabtree, and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-673. Rennae Sims and Rebecca Sims v. First State Bank of Plainview, from Yell Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1073. Craig Brown v. Kawneer Company, Inc. and Crawford & Company, from Workers' Compensation Commission. Reversed. Hart, J., agrees. Pittman, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1089. Geraldine Morrow Barnes v. Jerry W. Morrow, from Sebastian Chancery. Affirmed. Crabtree, J., agrees. Robbins, J., concurs. (7 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA00-1028. Larry Osborn v. City of Fort Smith, from Workers' Compensation Commission. Affirmed. Robbins and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1105. Henry Clyde Haynes v. Amy Camille Haynes, from Faulkner Chancery. Affirmed. Robbins and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA00-1040. Lois Shackleford v. Dollar General Store, from Workers' Compensation Commission. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1170. Ethel M. Rosie Wilkins v. Arkansas Department of Human Services, from Baxter Chancery, Juvenile Division. Affirmed. Hart and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-1231. Troy Pierce v. Casie Pierce, from Jefferson Chancery. Reversed and Remanded with Instructions. Stroud, C.J., and Pittman, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CA00-98. Cheryl Paslay Brewer et al. v. Arkansas Department of Human Services, from White Chancery. See substituted opinion and separate opinion concurring in part; dissenting in part. (9 PAGES + 6-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

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

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

CA00-512. Union County, Arkansas v. Richard Grigsby, from Union Circuit.

CA00-783. Rex Jones and Sharon Jones v. Tim Byrd et al., from Randolph Chancery.

E00-237. Doyle Green v. Director et al., from Board of Review.

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CACR99-1507. Edward Wayne Buckelew v. State of Arkansas, from Van Buren Circuit. Appellant's pro se motion for rule on clerk to file belated motion for extension of time to submit points for reversal is denied.

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

CACR00-595. Jason Shawn Morgan v. State of Arkansas, from Johnson Circuit. Motion of DeeNita Moak for attorney's fees is granted. Allowed $1,000.00.

CACR00-1021. Charles Ray Worthem v. State of Arkansas, from Fulton Circuit. Motion of L. Gray Dellinger for attorney's fees is granted. Allowed $1,000.00.

CACR00-1316. Greg Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion for correction of record is denied.

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's petition for writ of certiorari to complete the record is granted. Brief due forty-five days after record is filed.

CACR01-98. Donald Biles v. State of Arkansas, from Boone Circuit. Appellant's motion to allow amended abstract and brief is denied, but appellant granted leave to file a substituted brief within fifteen days.

CACR01-122. Stephen John Colston v. State of Arkansas, from Saline Circuit. Motion of Dale E. Adams for appointment of counsel for appellant is granted.

CACR01-327. Doug King v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Steve J. Jackson to withdraw as counsel for appellant is denied. Bird and Vaught, JJ., would grant.

CACR01-408. Danny Gipson v. State of Arkansas, from Crawford Circuit. Motion of Thurman Ragar, Jr., to withdraw as counsel for appellant is granted. Gregg Knutson is appointed to represent the appellant. Brief due in forty days.

CA00-216. Gladys F. Hayes v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted.

CA00-508. Mary Dormany v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Pittman and Robbins, JJ., would deny.

CA00-873. Corrugated Machinery, Inc. v. Ed Campbell, d/b/a Highland Hackers, from Carroll Circuit, Eastern District. Appellee's motion for attorney's fees is denied. See Mosley v. Gray, 310 Ark. 448, 837 S.W.2d 462 (1992 ). Costs assessed on mandate.

CA00-1354. Todd D. Gammill, M.D. v. Provident Life & Accident Insurance Company, from Garland Circuit. Appellant's motion to supplement the abstract is denied, but leave granted for appellant to file a substituted abstract and brief within fifteen days. Appellee granted leave to file substituted brief within fifteen days thereafter. Motion to enlarge reply brief is moot. Roaf, J., would grant.

CA00-1449. Audrianna Grisham, P.A. v. City of England, from Lonoke Circuit. Appellant's motion to file belated reply brief is granted.

CA01-58. Charles Rhoads v. Alex Lacy, from Washington Circuit. Motion of Jane Watson Sexton to be substituted as counsel for appellee and to relieve Michael H. Mashburn as counsel is granted.

CA01-338. Allen Kilshaw et al. v. Aaron Wrecker et al., from Pulaski Probate, Sixth Division. Appellees' motion to advance and affirm is denied.

CA01-338. Allen Kilshaw et al. v. Aaron Wrecker et al., from Pulaski Probate, Sixth Division. Motion of Carrol Ann Hicks to withdraw appearance as counsel for appellants is granted.

CA01-359. Hawks Enterprises, Inc. et al. v. Phillip Andrews et ux., from Saline Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.

CA01-407. Hope Elizabeth Lynch v. Arkansas Department of Human Services, from Benton Chancery. Appellant's motion to proceed in forma pauperis is granted only as to filing fee. Griffen and Crabtree, JJ., would grant.

E01-76. Parrish D. Coleman v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

PETITION FOR REHEARING:

CA00-789. Office of Child Support Enforcement v. Michael B. Neely, from Union Chancery.

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

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.

CA00-701. Gibson Greetings, Inc. et al. v. Shelly Cooper, from Workers' Compensation Commission. Appellee's motion to reconsider award of brief costs.

CA01-123. Bruce Long et al. v. Jack Bonds et al., from Van Buren Circuit. Appellee's motion to file belated brief.

CACR00-284. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Argued orally.

CACR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-634. Donald Sain and William Sarno v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-758. Marcus Threadgill v. State of Arkansas, from Miller Circuit.

CACR00-871. Clayton Greer v. State of Arkansas, from Craighead Circuit, Western District.

CACR00-958. William Jesse Bartley v. State of Arkansas, from Benton Circuit.

CACR00-1013. Jessie Demond Hudson v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR00-1084. Katherine Ward v. State of Arkansas, from Pulaski Circuit, First Division.

CA99-1191. Kenneth Lee et al. v. Julia Konkel-Swaim, from Yell Chancery, Southern District.

CA00-712. Linda Diane Bruning v. Daniel Louis Bruning, from White Chancery.

CA00-940. Shelidra Williams v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

CA00-979. Jerry Garretson et ux. v. Katherine McMurry, from Yell Chancery, Northern District.

CA00-993. Daniel Lestina et ux. v. Melissa Lestina, from Benton Probate.

CA00-1024. Kenneth Dinger v. Keith Watercare, Inc., from Workers' Compensation Commission.

CA00-1082. Jimmy McEntire et al. v. Alta Watkins, from Van Buren Chancery.

CA00-1087. Beverly Ellis v. Burlington Industries, from Workers' Compensation Commission.

CA00-1096. Chester Jones v. Celotex Corporation, from Workers' Compensation Commission.

CA00-1106. Shoney's Inc. v. Carol Porter, from Workers' Compensation Commission.

CA00-1153. Erika Matlock v. Arkansas Blue Cross & Blue Shield, from Workers' Compensation Commission.

CA00-1158. James E. Pollard et al. v. Union Pacific Railroad Company et al., from Pulaski Circuit, Sixth Division.

CA00-1161. Boyd Freeman d/b/a Freeman Industries v. J.L. Roberts d/b/a J.L. Roberts Plumbing and Heating, Inc., from Johnson Circuit.

CA00-1175. William R. White v. Carco Carriage Corporation, from Workers' Compensation Commission.

CA00-1432. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Chancery.