Adams v. Wolf (Hart, J.) CA00-700

Fraud -- Fraudulent concealment; evidence of artifice engaged in by appellee to prevent appellants from learning of cause of action; intent of law would be thwarted to say that limitations period begins running on filing of class action in which plaintiff neither joins nor opts out. [HTML, WP5.1]

Buckley v. Buckley (Roaf, J.) CA00-1368

Parent & child -- Custody; chancellor's finding that appellee was fit to have & that appellant was unfit to have custody of parties' minor children not clearly erroneous. [HTML, WP5.1]

Laime v. State (Bird, J.) CACR00-382

Criminal law -- Renewed detention after completion of initial traffic stop that was not based on reasonable suspicion; subsequent search of vehicle was unconstitutional; trial court's denial of appellants' motions to suppress should have been granted. [HTML, WP5.1]

Lewis v. State (Roaf, J.) CACR00-844

Criminal law -- Terroristic threatening; conviction affirmed where evidence of guilt was overwhelming & trial court's error was harmless. [HTML, WP5.1]

Moore v. Pulaski County Special Sch. Dist. (Robbins, J.) CA00-978

Schools & school districts -- Statute expressly directed that school districts incorporate its rights into their written personnel policies; general savings clause insufficient to comply with statute's express directive; appellees breached obligation to provide appellant with statutory leave while she was still employee; post-traumatic stress disorder is personal injury within meaning of Ark. Code Ann. § 6-17-1209; circuit court erred in deducting appellant's retirement disability pay from her award. [HTML, WP5.1]

Penn v. State (Jennings, J.) CACR00-560

Constitutional law -- Double jeopardy; judgment of circuit court reversed where judgment of contempt was at least lesser-included offense of current charge. [HTML, WP5.1]

Sory v. Woodall (Pittman, J.) CA00-1111

Parent & child -- Judgment rendered without notice to parties void; appellant both party to action and de facto custodian of children; trial court abused its discretion in denying motion to set aside judgment. [HTML, WP5.1]

Superior Senior Care, Inc. v. Director (Bird, J.) E99-317

Unemployment compensation -- Board correct in ruling that appellate jurisdiction in separation matter did not extend to employer-coverage issue; Board properly refused to consider proffered evidence. [HTML, WP5.1]

Tackett v. Merchant's Security Patrol (Hart, J.) CA00-949

Negligence -- Duty; contract between appellee & business created no duty upon which appellant could premise negligence action; rationale regarding alcoholic-beverage vendor's enhanced duty of care not extended to security companies. [HTML, WP5.1]

Wigley v. State (Crabtree, J.) CACR00-257

Search & seizure -- Appellant did not have reasonable expectation of privacy in box located in common area of parolee's residence; appellant lacked standing to contest legality of warrantless search. [HTML, WP5.1]

Allen v. State, CA CR 00-323 (Pittman, J.), affirmed May 2, 2001. [HTML, WP5.1]

Beckham v. State, CA CR 00-901 (Bird, J.), affirmed May 2, 2001. [HTML, WP5.1]

Bishop v. Bishop, CA 00-843 (Bird, J.), affirmed May 2, 2001. [HTML, WP5.1]

Bryant v. Pettingill, CA 00-738 (Jennings, J.), affirmed May 2, 2001. [HTML, WP5.1]

Buddy York Bail Bonds, Inc. v. Walker, CA 00-1085 (Stroud, C.J.), affirmed May 2, 2001. [HTML, WP5.1]

Caffey v. State, CA CR 00-628 (Bird, J.), affirmed May 2, 2001. [HTML, WP5.1]

Campbell v. State, CA CR 00-999 (Griffen, J.), affirmed May 2, 2001. [HTML, WP5.1]

Cragar v. State, CA CR 00-1138 (Baker, J.), affirmed May 2, 2001. [HTML, WP5.1]

Davis v. State, CA CR 00-706 (Jennings, J.), affirmed May 2, 2001. [HTML, WP5.1]

Earnest v. State, CA CR 00-739 (Pittman, J.), affirmed May 2, 2001.[ HTML, WP5.1]

Ford v. Ford, CA 00-1196 (Crabtree, J.), reversed and remanded May 2, 2001. [HTML, WP5.1]

In the Matter of Seay v. Quinn, CA 00-1143 (Baker, J.), dismissed May 2, 2001. [HTML, WP5.1]

J-Mar Express, Inc. v. Hutson, CA 00-1172 (Hart, J.), affirmed May 2, 2001. [HTML, WP5.1]

McConnell v. State, CA CR 00-1066 (Vaught, J.), affirmed May 2, 2001. [HTML, WP5.1]

Patrick v. State, CA CR 00-1065 (Neal, J.), affirmed May 2, 2001. [HTML, WP5.1]

Schones v. France, CA 00-1163 (Vaught, J.), affirmed May 2, 2001. [HTML, WP5.1]

Sturgis v. Clifton, CA 00-981 (Per Curiam), dismissed May 2, 2001. [HTML, WP5.1]

Winston v. State, CA CR 00-755 (Robbins, J.), affirmed May 2, 2001. [HTML, WP5.1]

Worthem v. State, CA CR 00-1021 (Stroud, C.J.), affirmed May 2, 2001. [HTML, WP5.1]

Andrews v. Director of Labor, E 00-313, May 2, 2001.

Beebe v. Director of Labor, E 00-302, May 2, 2001.

Burgess v. Director of Labor, E 00-305, May 2, 2001.

Davenport v. Director of Labor, E 00-309, May 2, 2001.

Duhart v. Director of Labor, E 00-301, May 2, 2001.

Franklin v. Director of Labor, E 00-310, May 2, 2001.

McNair v. Director of Labor, E 00-308, May 2, 2001.

Morgan v. Director of Labor, E 00-311, May 2, 2001.

Peoples v. Director of Labor, E 00-304, May 2, 2001.

Smith v. Director of Labor, E 00-299, May 2, 2001.

Sneed v. Director of Labor, E 00-306, May 2, 2001.

Williams v. Director of Labor, E 00-303, May 2, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-1021. Charles Ray Worthem v. State of Arkansas, from Fulton Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1085. Buddy York Bail Bonds, Inc. v. Anthony Walker, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-323. Carl Allen v. State of Arkansas, from Jefferson Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-739. Deon Earnest v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1111. Lavon (Hawks) Sory v. Bobby Lee Woodall, Jr., from Benton Chancery. Reversed and Remanded. Hart and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-700. Mark Adams et al. v. Richard Wolf et al., from Madison Circuit. Reversed and Remanded. Stroud, C.J., and Jennings, Robbins, Griffen, Neal, and Vaught, JJ., agree. Crabtree, J., concurs in part and dissents in part. Bird, J., dissents. (9 PAGES + 2-PAGE CONCURRENCE/DISSENT + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-949. Janice Tackett, Individually and as Administratrix of the Estate of Lauire Taffner, Deceased v. Merchant's Security Patrol, from Washington Circuit. Affirmed. Neal and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1172. J-Mar Express, Inc. and Superior National Insurance Company v. Carl R. Hutson, from Workers' Compensation Commission. Affirmed. Neal and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-560. Patricia Penn v. State of Arkansas, from Crittenden Circuit. Reversed. Stroud, C.J., and Neal, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-706. James L. Davis v. State of Arkansas, from Clark Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-738. Gladys F. Bryant v. Ferne Pettingill, from Faulkner Chancery. Affirmed. Bird, J., agrees. Griffen, J., concurs. (2 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-755. Charles Alan Winston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Vaught and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-978. Mildred Moore v. Pulaski County Special School District, from Pulaski Circuit. Reversed and Remanded on Direct Appeal; Affirmed on Cross-Appeal. Vaught and Crabtree, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-382. David Laime and Jeanna Dodd v. State of Arkansas, from Saline Circuit. Reversed and Remanded. Hart, Robbins, and Neal, JJ., agree. Griffen, J., concurs. Stroud, C.J., dissents. (15 PAGES + 3-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-628. Eric Lydell Caffey v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Robbins, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-901. Alicen Beckham v. State of Arkansas, from Lonoke Circuit. Affirmed. Robbins and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-843. Terrell Bishop, Jr. v. Connis Hubbard Bishop, from Yell Chancery. Affirmed. Jennings and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

E99-317. Superior Senior Care, Inc. v. Director, Employment Security Department and Margaret A. Manuel, from Board of Review. Affirmed. Jennings and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-999. Rondal Campbell v. State of Arkansas, from Newton Circuit. Affirmed. Jennings and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1065. Raymond Patrick v. State of Arkansas, from Pope Circuit. Affirmed. Hart and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1066. Angela McConnell v. State of Arkansas, from Pope Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1163. Ernestine Schones v. Samuel W. France and Melva France Kovach, from Washington Chancery. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-257. William J. Wigley v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., Jennings, Bird, and Vaught, JJ., agree. Hart, J., dissents. (5 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-1196. Sandra Ann Ford (Carney) v. William Rialto Ford, from Crawford Chancery. Reversed and Remanded. Robbins and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1138. Scott Cragar v. State of Arkansas, from Conway Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1143. In the Matter of the Estate of J. I. Seay, Sr., James Irby Seay, Jr., & George L. Seay, Sr. v. Helen S. Quinn and First United Bank, from Arkansas Probate. Dismissed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-844. Martha Ann Lewis v. State of Arkansas, from Saline Circuit. Affirmed. Robbins, J., agrees. Bird, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-1368. Walton Thomas Buckley v. Kimberly Kaye Carter Buckley, from Crittenden Chancery. Affirmed. Stroud, C.J., and Pittman, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA00-981. Vanessa Sturgis v. Norman C. Clifton, et al., from Pulaski Circuit. Dismissed. (4 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).

E00-299. 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 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.

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

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

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CACR00-1065. Raymond Patrick v. State of Arkansas, from Pope Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR00-1126. Sheila Collins v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is granted. 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. Brief due May 10, 2001.

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 is granted.

CA00-701. Gibson Greetings, Inc. et al. v. Shelly Cooper, from Workers' Compensation Commission. Appellee's motion to reconsider award of brief costs is denied. See Arkansas Rules of the Supreme Court 6-7. Roaf, J., would grant.

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

The following case is dismissed for failure to file briefs.

CA00-1220. Danny Mitchell v. Martha Headley, from Randolph Chancery.

PETITION FOR REHEARING:

CA00-696. Ron and Ramona Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit.

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CACR00-775. David Allen Horne v. State of Arkansas, from Greene Circuit. Motion of S. Lance Cox for attorney's fees.

CACR00-1184. James Carter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the abstract.

CACR01-147. Daniel Miles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record and submit a supplemental abstract and substituted brief and to stay reply brief time.

CA00-331. Louanne Parker v. John Matthew Parker, from Craighead Chancery, Western District. Appellant's motion for reconsideration of denial of emergency relief.

CA00-917. Tammy (Mynes) Iburg et al. v. Arkansas Department of Human Services, from Faulkner Chancery. Motion of David R. Hogue for attorney's fees.

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

CA00-874. Cassie Chambers v. Gary Lee Chambers, from White Chancery. Argued orally.

CA00-1200. Daniel Black Dillard et al. v. Mayme Curry Wade et al., from Lafayette Circuit. Argued orally.

CACR99-1195. Brookie S. Burrow v. State of Arkansas, from Montgomery Circuit.

CACR00-775. David Allen Horne v. State of Arkansas, from Greene Circuit.

CACR00-862. Stanley Dee Dillard v. State of Arkansas, from Faulkner Circuit.

CACR00-974. Mindy Garrett and David L. Garrett v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-987. Samuel West, Jr. v. State of Arkansas, from Saline Circuit.

CACR00-1035. Rodney Bunch v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-1046. John E. Searcy, Jr. v. State of Arkansas, from Searcy Circuit.

CACR00-1206. Lamont Anthony Washington v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-1264. Frederick Goodman v. State of Arkansas, from Saline Circuit.

CA00-642. Alton Overton v. Jason Jones, from St. Francis Chancery.

CA00-876. The Entertainment and Leisure Corporation v. Razorback Entertainment Corporation, from Garland Chancery.

CA00-917. Tammy Iburg et al. v. Arkansas Department of Human Services, from Faulkner Chancery.

CA00-925. Santifer Enterprises, Inc. v. Arkansas Pulpwood Company, Inc., from Ouachita Circuit.

CA00-1027. Michael McGhee v. Gerber Products, from Workers' Compensation Commission.

CA00-1054. Sandra Pinson v. E. Dain Wofford et al., from Logan Circuit, Southern District.

CA00-1095. William Michael Neville v. Lewis Klay Hall, from Pulaski Probate, Fifth Division.

CA00-1199. White Consolidated Industries v. Denise Galloway, from Workers' Compensation Commission.

CA00-1251. Delton A. Billings v. Plum Creek Lumber, from Workers' Compensation Commission.

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

E99-170. Michael A. Hudgins v. Director et al.

E99-327. Darlene P. Butler v. Director et al.

E00-44. Ronnie Couch v. Director et al.

E00-70. Anita S. Skoot v. Director et al.

E00-312. Mildred Ward v. Director et al.

E00-314. Catherine Alexander v. Director et al.

E00-315. Jessica Hone v. Director et al.

E00-316. Patricia Gail Williams v. Director et al.

E00-317. Freddie M. Poe v. Director et al.

E01-1. Eric S. Donald v. Director et al.

E01-2. Lavanda J. Mixon v. Director et al.

E01-3. Algie H. Bettis v. Director et al.

E01-5. Maurice M. Culberson v. Director et al.

E01-8. Terry L. Wood v. Director et al.

E01-9. James A. Brown v. Director et al.

E01-10. Patricia L. Willey v. Director et al.