Arkansas State Game & Fish Comm'n v. Sledge (Glaze, J.) 00-1425

Injunction -- Circuit court's order constituted injunction appealable under Ark. R. App. P.--Civ. 2(a)(6); circuit court acted outside its jurisdiction; reversed & remanded. [HTML, WP5.1]

Beulah v. State (Brown, J.) CR00-1441

Juveniles -- Transfer to juvenile court; circuit court aware of duty to consider all statutory factors; failure to specifically mention certain evidence in its order did not mean that circuit court ignored or failed to consider it; circuit court's refusal to transfer not clearly erroneous. [HTML, WP5.1]

Custom Microsystems, Inc. v. Blake (Brown, J.) 01-24

Injunction -- Chancery judge concluded that employment agreement had not been violated & that injunction should not issue; no abuse of discretion in chancellor's refusal to issue preliminary injunction. [HTML, WP5.1]

Echols v. State (Corbin, J.) CR99-1060

Criminal procedure -- Postconviction relief; case remanded for entry of written order in compliance with Ark. R. Crim. P. 37.5(I) and case law; appellant's assertion of alleged conflict between judge's trial & postconviction roles insufficient to overcome presumption of impartiality; trial court's ruling affirmed on issue. [HTML, WP5.1]  Supplemental opinion upon denial of rehearing delivered June 7, 2001.

Elam v. Hartford Fire Ins. Co. (Hannah, J.) 00-900

Workers' compensation -- Third-party liability; neither workers' compensation carrier nor employer can be third party; employer's UM or UIM carrier is also "third party" in injured employee's UM or UIM claim against same carrier; appellant's claim for UIM benefits not barred by exclusive-remedy provision; appellant's claim against appellee not precluded by third-party liability provision; summary judgment improper where allegations presented genuine issue of fact concerning whether third party was negligent & whether appellant was contributorily negligent. [HTML, WP5.1]

Fayetteville Diagnostic Clinic, Ltd. v. Turner (Arnold, C.J.) 00-1285

Negligence -- Slip & fall; substantial evidence from which jury could have inferred that physician-owner of clinic was aware of condition that caused appellee's fall & failed to take corrective action; trial court did not err in allowing case to go to jury; amount awarded in damages did not shock court's conscience. [HTML, WP5.1]

Junkin v. Northeast Ark. Internal Med. Clinic, P.A. (Imber, J.) 00-434

Damages -- Liquidated damages; supreme court reversed trial court's finding that appellant should pay appellee clinic; appellant failed to demonstrate that chancellor's findings on Management Agreement were clearly erroneous. [HTML, WP5.1]

Middleton v. Lockhart (Hannah, J.) 99-1331

Judgment -- Res judicata inapplicable; no judgment on merits existed; Ark. R. Civ. P. 41(b) inapplicable; loss of homestead rights gained by marriage; murder of spouse extinguishes right. [HTML, WP5.1]

Moon v. Citty (Arnold, C.J.) 01-009

Civil procedure -- Trial court was without authority to enlarge time to file posttrial motions under Ark. R. Civ. P. 59(b); appellee's motion to dismiss appeal granted; posttrial motions not based upon transcripts; extensions of time waiting for transcripts not permitted. [HTML, WP5.1]

State v. Goss (Corbin, J.) 00-841

Constitutional law -- Arkansas Age Discrimination & Prohibition Act contains no declaration of legislative intent to waive immunity; only monetary damages sought under state claim; claim under Act failed. [HTML, WP5.1]

Hill v. State (Glaze, J.) CR00-921 [HTML, WP5.1]

Boone v. State, CR 98-284 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied April 26, 2001. [HTML, WP5.1]

Brown v. State, CR 00-1190 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Belated Appeal of Order dismissed April 26, 2001. [HTML, WP5.1]

Folk v. State, CA CR 99-1319 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Relieve Counsel denied April 26, 2001. [HTML, WP5.1]

Harris v. State, CR 00-715 (Per Curiam), Pro Se Motion for Appointment of Counsel denied April 26, 2001. [HTML, WP5.1]

Mackintrush v. State, CR 99-952 (Per Curiam), Pro Se Motion to Strike Appellee's Brief and for Other Relief denied April 26, 2001. [HTML, WP5.1]

Orsini v. Beck, 01-208 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted April 26, 2001. [HTML, WP5.1]

Risher v. State, CR 92-923 (Per Curiam), Pro Se Motion for Rule on Clerk denied April 26, 2001. [HTML, WP5.1]

Taylor v. State, CR 00-877 (Per Curiam), affirmed April 26, 2001. [HTML, WP5.1]

Walling v. State, CR 99-690 (Per Curiam), affirmed April 26, 2001. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

00-1285. Fayetteville Diagnostic Clinic, Ltd. v. Dyanna Turner, from Washington Circuit. Affirmed. Arkansas Court of Appeals Reversed. (11 PAGES PUBLISHED) [HTML, WP5.1]

01-9. Orma Jean Moon v. Jim C. Citty, M.D., Arkansas Health Group, d/b/a Searcy Medical Center, from White Circuit. Appeal Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-1425. Arkansas State Game & Fish Commission; Jim Hinkle, Dr. Lester Sitzes, Forrest Wood, Mike Freeze, and Sheffield Nelson, Individually and as Members of the Arkansas Game & Fish Commission, and Hugh C. Durham, Director, Arkansas Game & Fish Commission, in Their Representative Capacities v. Marsha Sledge, Kirk McCullough, Belinda Morgan, Joey Wilders, Buddy B. Spivey, Dennis Campbell, Monroe Williams, Bobby Jo Willie, James "Jim" Dodd, and Arkansas Guides Association, from Pulaski Circuit, Second Division. Reversed and Dismissed. (8 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Affirmed in Part; Reversed and Remanded in Part. Hannah, J., concurs in part and dissents in part. Glaze, J., dissents. (7 PAGES + 4-PAGE DISSENT + 1-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered June 7, 2001. (3 PAGES + 1-PAGE DISSENT PUBLISHED)

00-841. State of Arkansas; University of Arkansas; University of Arkansas Cooperative Extension Service; and University of Arkansas Board of Trustees v. Gary Goss, from White Circuit. Reversed and Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-1441. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Court of Appeals Affirmed on Review. Glaze, J., concurs. (9 PAGES PUBLISHED) [HTML, WP5.1]

01-24. Custom Microsystems, Inc. v. Del Blake, from Pulaski Chancery, Sixth Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-434. Bruce Junkin, M.D. v. Northeast Arkansas Internal Medicine Clinic, P.A., an Arkansas Professional Association; Phycor of Northeast Arkansas, Inc., a Tennessee Corporation; & Phycor, Inc., a Tennessee Corporation, from Jackson Chancery. Affirmed in Part and Reversed in Part. (12 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

99-1331. Kenneth G. Middleton and Lynn Carl Middleton v. Geraldine Lockhart, Mildred M. Anderson, Joyce M. Henson and Jessie J. Brewer, from Newton Chancery. Affirmed in Part, and Reversed and Remanded in Part. Imber, J., dissents. (15 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-900. Carlos Elam v. Hartford Fire Insurance Company, from Franklin Circuit, Northern District. Reversed and Remanded. (19 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-690. Robby Glynn Walling v. State of Arkansas, from Sevier Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-877. Steven F. Taylor v. State of Arkansas, from White Circuit. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR00-921. Richard Hill, Jr. v. State of Arkansas, from Ouachita Circuit. Glaze, J., concurs. Corbin, J., not participating. (1-PAGE CONCURRENCE ONLY) [HTML, WP5.1]

99-860. AT&T Communications of the Southwest et al. v. Madison County Telephone Company, from Public Service Commission.

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REVIEWS GRANTED: Petitions for review were granted today in the following cases.

01-303. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District.

01-312. Regions Bank & Trust et al. v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

01-313. Swan Lake Flying Service, Inc. v. Apollo-Lakewood Aerial Services, Inc., from Jefferson Circuit.

01-321. Clyde McWilliams v. Karl Schmidt et al., from Pulaski Chancery, Fifth Division.

01-333. Clay M. Goodson and Florence Goodson v. Mary Carolyn Goodson, from Pulaski Circuit, Third Division.

01-346. Miller County v. John David Stewart, from Workers' Compensation Commission.

01-350. Steven C. Schueller v. Allison G. Schueller, from Ashley Chancery.

01-377. John E. Searcy, III v. Emmett Davenport, from Van Buren Chancery.

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CR97-79. Wilbert Jackson v. State of Arkansas, from Little River Circuit. Motion to file overlength statement of the case is denied.

CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion and supplemented motion for continuation of stay of mandate. Granted 90 days.

CR99-1223. Gilbert Waldon v. State of Arkansas, from Sevier Circuit. Appellant's motion for consideration of appeal. Noted.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Motion to strike brief of appellant is denied.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellant's motion to deny request for oral argument. Moot.

CR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Motion of James Dunham to substitute counsel is granted.

CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Motion of Jeanne E. Richards to withdraw as counsel is granted.

CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Entry of appearance of James Dunham. Noted.

00-37. Benjamin Williams v. Larry Norris, Director, Arkansas Department of Correction, from Lee Circuit. Appellant's motion to expedite submission is granted.

00-1009. Repoleon Gilbert v. John Blankenship et al., from Jefferson Circuit. Appellee's motion to dismiss appeal is granted.

00-1144. Oscar Stilley v. City of Conway, from Faulkner Circuit. Motion to dismiss appeal with prejudice is granted.

00-1167. Oscar Stilley v. Wayne Hartsfield et al., from White Chancery. Appellant's motion to dismiss appeal is granted.

00-1168. Oscar Stilley v. Wayne Hartsfield et al., from White Circuit. Appellant's motion to dismiss appeal is granted.

00-1223. Wal-Mart Stores, Inc. v. The P.O. Market, Inc. et al., from Miller Circuit. Motion to supplement abstract and memorandum of authorities. Motion to file substituted brief with supplemental abstract granted. Appellee cost assessed against appellant. Corbin, J., not participating.

00-1331. Duretha Loewer et al. v. Cla-Cliff Nursing and Rehab Center, Inc., from Monroe Circuit. Motion for taxation of costs is granted.

01-269. Gil Landers d/b/a Big Daddy's Pawn Shop et al. v. Ken Jameson, from Pulaski Circuit, Fifth Division. Appellant's motion for supersedeas bond. Remanded to circuit court to establish a sufficient bond.

01-286. Blandina Spencer v. Stone Container Corporation, from Workers' Compensation Commission. Motion to file belated response to petition for review is granted.

00-1080. Advance America, Cash Advance Centers of Arkansas v. Phyllis Garrett, from Clark Circuit. Unopposed motion to hold appeal and oral argument in abeyance is denied. Glaze, J., not participating.

CA01-298. Mazda Motor Corporation et al. v. The Community Bank, Special Administrator, from Lonoke Circuit. Appellants' motion to stay trial court proceedings is granted.

CR92-923. Daniel Risher v. State of Arkansas, from Columbia Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-284. Guy Anthony Boone v. State of Arkansas, from Union Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-952. Walter Mackintrush v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to strike appellee's brief and for other relief. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-715. Corey Harris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1190. Patrick Brown v. State of Arkansas, from Columbia Circuit. Pro se motion for reconsideration of motion for belated appeal of order. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-208. Mary Lee Orsini v. Bruce Beck, Warden et al., from Jackson Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CACR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Pro se motion for reconsideration of motion to relieve counsel. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR00-1155. State of Arkansas v. Dexter Carl Ross, from Faulkner Circuit.

00-1221. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission.

00-1279 & 00-1272. Bob E. Fewell and Holdingsco, Inc. v. Mike Pickens, Receiver of American Investors Life Insurance Company, from Pulaski Circuit, Seventh Division.

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PETITIONS FOR REVIEW:

CR01-340. Jerry Morrow v. State of Arkansas, from Johnson Circuit.

CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit.

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CR01-434. Sammy O. Smith v. State of Arkansas, from Desha Circuit. Motion to expedite bail appeal to avoid mootness. Argued orally.

00-1279 & 00-1272. Bob E. Fewell and Holdingsco, Inc. v. Mike Pickens, Receiver of American Investors Life Insurance Company, from Pulaski Circuit, Seventh Division. Appellants' motion to stay mandate.

CR01-127. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record.

CR01-209. Glenn Barnum v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

CR01-268. Mark Singson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for belated return of writ of certiorari.

CR01-285. Michael Douglas Hatfield v. State of Arkansas, from Cleburne Circuit. Motion of Dave Wisdom Harrod to withdraw as attorney of record.

CR01-420. Isaac Colbert v. State of Arkansas, from Nevada Circuit. Motion of David Mark Gunter to be relieved as counsel and for brief time.

01-226. Supreme Court Committee on Professional Conduct v. Kenneth George Fuchs (Ark. Bar ID #81063), from Supreme Court Committee on Professional Conduct. Petitioner's motion to dismiss.

01-226. Supreme Court Committee on Professional Conduct v. Kenneth George Fuchs (Ark. Bar ID #81063), from Supreme Court Committee on Professional Conduct. Petition of the Supreme Court Committee on Professional Conduct for citation of Kenneth George Fuchs for contempt of the Arkansas Supreme Court and for other relief.

01-394. Kenneth Gerald Breckenridge v. Nancie Givens, Acting Director and Senior Staff Attorney, Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct. Motion for return of bond.

01-432. The Mena Hospital Commission, d/b/a Mena Medical Center v. Honorable Gayle Ford, Judge, from Polk Circuit. Petition for writ of certiorari.

01-432. The Mena Hospital Commission, d/b/a Mena Medical Center v. Honorable Gayle Ford, Judge, from Polk Circuit. Petition for temporary relief.

01-439. Basey's Construction, Inc., d/b/a Basey's Roofing v. Honorable Tommy J. Keith, Judge, from Benton Circuit. Petition for writ of certiorari.

01-443. Mitsubishi Motor Manufacturing of America, Inc. v. Community Bank of Cabot, Arkansas et al., from Lonoke Circuit. Motion to dismiss appeal as premature and alternatively as filed for the purposes of delay.

01-447. Raymond E. Allen et al. v. Angela D. Greenland et al., from Faulkner Circuit. Petition for writ of certiorari to complete the record.

SUBMISSIONS

00-817. James Holt, as Administrator of the Estate of Sheryl Holt, Deceased v. Dr. Taylor Dan Wagner, from Saline Circuit. Argued orally.

00-830. Forrest Construction, Inc. v. John Milam and Claudia Milam et al., from Sebastian Chancery, Greenwood District. Argued orally.

CR99-597. Leslie G. Cothern v. State of Arkansas, from Cleburne Circuit.

CR00-528. Don William Davis v. State of Arkansas, from Benton Circuit.

CR00-583. James Alan Stanton v. State of Arkansas, from Cleveland Circuit.

CR00-760. Jason McGehee v. State of Arkansas, from Boone Circuit.