Barker v. Rogers Group, Inc. (Bird, J.) CA00-985

Torts -- Abolishment of accepted-work doctrine did not result in abolishment of acquired-immunity doctrine; exception to acquired-immunity doctrine inapplicable; appellant never alleged negligence in performance of contract; appellant failed to meet proof with proof; no error in grant of summary judgment. [HTML, WP5.1]

Goodman v. State (Hart, J.) CACR00-1264

Search & seizure -- Third-party consent; observations of officer were legally insufficient to sustain conclusion that consenting party had common authority over premises searched; lack of apparent authority to justify government's warrantless search of appellant's home; trial court's determination that consenting party had actual authority was not clearly erroneous. [HTML, WP5.1]

Hill v. State (Crabtree, J.) CACR00-1134

Criminal procedure -- Rape-shield statute; proffered testimony properly excluded. [HTML, WP5.1]

White Consol. Indus. v. Galloway (Robbins, J.) CA00-1199

Workers' compensation -- Commission's finding that treatment was medically necessary supported by substantial evidence. [HTML, WP5.1]

Billings v. Plum Creek Lumber, CA 00-1251 (Stroud, C.J.), reversed and remanded May 16, 2001. [HTML, WP5.1]

Boatmen's Trust Co. of Ark. v. Housing Auth. of City of North Little Rock, CA 00-1120 (Per Curiam), rebriefing ordered May 16, 2001. [HTML, WP5.1]

Bunch v. State, CA CR 00-1035 (Crabtree, J.), affirmed May 16, 2001. [HTML, WP5.1]

Burrow v. State, CA CR 99-1195 (Bird, J.), affirmed May 16, 2001. [HTML, WP5.1]

Butler v. Director, E 99-327 (Hart, J.), affirmed May 16, 2001. [HTML, WP5.1]

Chambers v. Chambers, CA 00-874 (Griffen, J.), affirmed May 16, 2001. [HTML, WP5.1]

Couch v. Director, E 00-44 (Jennings, J.), affirmed May 16, 2001. [HTML, WP5.1]

Dillard v. State, CA CR 00-862 (Stroud, C.J.), affirmed May 16, 2001. [HTML, WP5.1]

Ellis v. Burlington Indus., CA 00-1087 (Roaf, J.), affirmed May 16, 2001. [HTML, WP5.1]

Hodges v. Hodges, CA 00-661 (Stroud, C.J.), reversed and remanded May 16, 2001. [HTML, WP5.1]

Horne v. State, CA CR 00-775 (Griffen, J.), affirmed May 16, 2001. [HTML, WP5.1]

Hudgins v. Director, E 99-170 (Baker, J.), affirmed May 16, 2001. [HTML, WP5.1]

McGhee v. Gerber Prods., CA 00-1027 (Baker, J.), affirmed May 16, 2001. [HTML, WP5.1]

Pipkins v. State, CA CR 00-867 (Hart, J.), affirmed May 16, 2001. [HTML, WP5.1]

Rostro v. Cargill, Inc., CA 00-1070 (Roaf, J.), affirmed May 16, 2001. [HTML, WP5.1]

Sain v. State, CA CR 00-634 (Bird, J.), affirmed May 16, 2001. [HTML, WP5.1]

Santifer Enters., Inc. v. Arkansas Pulpwood Co., CA 00-925 (Vaught, J.), affirmed May 16, 2001. [HTML, WP5.1]

Searcy v. State, CA CR 00-1046 (Roaf, J.), affirmed May 16, 2001. [HTML, WP5.1]

Skoot v. Director, E 00-70 (Robbins, J.), reversed May 16, 2001. [HTML, WP5.1]

Steele v. Steele, CA 00-838 (Pittman, J.), affirmed in part; reversed in part and remanded May 16, 2001. [HTML, WP5.1]

Stevens v. State, CA CR 00-730 (Pittman, J.), affirmed May 16, 2001. [HTML, WP5.1]

The Entertainment and Leisure Corp. v. Razorback Entertainment Corp., CA 00-876 (Crabtree, J.), appeal dismissed May 16, 2001. [HTML, WP5.1]

West v. State, CA CR 00-987 (Neal, J.), affirmed May 16, 2001. [HTML, WP5.1]

Alexander v. Director of Labor, E 00-314, May 16, 2001.

Bettis v. Director of Labor, E 01-3, May 16, 2001.

Brown v. Director of Labor, E 01-9, May 16, 2001.

Culberson v. Director of Labor, E 01-5, May 16, 2001.

Donald v. Director of Labor, E 01-1, May 16, 2001.

Hone v. Director of Labor, E 00-315, May 16, 2001.

Mixon v. Director of Labor, E 01-2, May 16, 2001.

Poe v. Director of Labor, E 00-317, May 16, 2001.

Ward v. Director of Labor, E 00-312, May 16, 2001.

Willey v. Director of Labor, E 01-10, May 16, 2001.

Williams v. Director of Labor, E 00-316, May 16, 2001.

Wood v. Director of Labor, E 01-8, May 16, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-862. Stanley Dee Dillard v. State of Arkansas, from Faulkner Circuit. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-661. Rebecca Hodges v. Garfield Hodges, III, from Crawford Chancery. Reversed and Remanded. Jennings and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1251. Delton A. Billings v. Plum Creek Lumber, from Workers' Compensation Commission. Reversed and Remanded. Hart and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-730. Clara Annette Stevens v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-838. Railey A. Steele v. Pamela R. Steele, from Benton Chancery. Affirmed in Part; Reversed in Part and Remanded. Stroud, C.J., and Roaf, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-867. Earnest A. Pipkins v. State of Arkansas, from White Circuit. Affirmed. Jennings, Bird, Griffen, Neal, and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1264. Frederick Goodman v. State of Arkansas, from Saline Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

E99-327. Darlene P. Butler v. Director, Employment Security Department and University of Arkansas, from Board of Review. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

E00-44. Ronnie Couch v. Director, Employment Security Department and Albemarle Corporation, from Board of Review. Affirmed. Robbins and Baker, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA00-1199. White Consolidated Industries v. Denise Galloway, from Workers' Compensation Commission. Affirmed. Jennings and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

E00-70. Anita S. Skoot v. Director, Employment Security Department, from Board of Review. Reversed. Jennings and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1195. Brookie S. Burrow v. State of Arkansas, from Montgomery Circuit. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-634. Donald Sain and William Sarno v. State of Arkansas, from Sebastian Circuit. Affirmed. Jennings and Griffen, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-985. Carey Barker v. Rogers Group, Inc., from Faulkner Circuit. Affirmed. Jennings and Griffen, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-775. David Allen Horne v. State of Arkansas, from Greene Circuit. Affirmed. Vaught and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-874. Cassie Chambers v. Gary Lee Chambers, from White Chancery. Affirmed. Vaught, J., agrees. Roaf, J., concurs. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-987. Samuel West, Jr. v. State of Arkansas, from Saline Circuit. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA00-925. Santifer Enterprises, Inc. v. Arkansas Pulpwood Company, from Ouachita Circuit. Affirmed. Griffen and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-1035. Rodney Bunch v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1134. Travis Hill v. State of Arkansas, from Washington Circuit. Affirmed. Robbins and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA00-876. The Entertainment and Leisure Corporation, Melvyn Bell, and Belvedere Enterprises, Inc. v. Razorback Entertainment Corporation, from Garland Chancery. Appeal Dismissed. Stroud, C.J., and Hart, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA00-1027. Michael McGhee v. Gerber Products, from Workers' Compensation Commission. Affirmed. Jennings and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E99-170. Michael Hudgins v. Director, Employment Security Department and Petromark, Inc., from Board of Review. Affirmed. Jennings and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-1046. John E. Searcy v. State of Arkansas, from Searcy Circuit. Affirmed. Griffen and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1070. Jesus Rostro v. Cargill, Inc., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1087. Beverly Ellis v. Burlington Industries, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Pittman, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA00-1120. Boatmen's Trust Company of Arkansas, Guardian of the Estate of James D. Henderson, a Minor and Yolanda Henderson v. Housing Authority of the City of North Little Rock et al., from Pulaski Circuit, Fifth Division. Rebriefing Ordered. (2 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).

E00-312. 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.

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

CA00-317. Sheila Wagnon d/b/a Ouachita Valley Nursing Center, Inc. v. Arkansas Health Services Agency et al., from Pulaski Circuit, Third Division.

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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 is granted. Allowed $1,000.00.

CACR00-980. Chet Murry v. State of Arkansas, from Monroe Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for stay of appeal and for leave of court to petition for writ of error coram nobis is granted. Crabtree, J., would deny.

CACR01-218. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion to file belated brief is granted.

CA00-962. A.I. Credit Corporation v. Shorter College, from Pulaski Circuit, Fifth Division. Appellant's motion for attorney's fees is denied. See 215 Club v. Devore, 311 Ark. 309, 843 S.W.2d 317 (1992).

CA00-1355. Anthony C. Kenney v. Dixie Restaurant et al., from Workers' Compensation Commission. Appellees' renewed motion to dismiss appeal is granted.

CA00-1414. Dowe Marshall v. Peter Laughlin, from Yell Chancery, Northern District. Appellee's motion to file belated brief is granted.

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion to file nonconforming brief is granted. Pittman, Bird, and Griffen, JJ., would deny.

CA01-88. Oscar Stilley v. John Speed et al., from Sebastian Circuit, Greenwood District. Appellant's second motion for extension of brief time is granted. Brief due June15, 2001. Griffen, J., would deny.

CA01-137. Lois Ruby Douglas v. Estate of A. C. Macheak, from Baxter Probate. Appellant's motion for substitution of party is granted.

CACR00-462. David Spurgeon v. State of Arkansas, from Sevier Circuit. Motion of Alvin Schay for attorney's fees.

CACR00-645. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Jerry Larkowski for attorney's fees.

CACR00-706. James L. Davis v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees.

CACR00-826. Cornelius Spencer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Dale E. Adams for attorney's fees.

CACR00-844. Martha Ann Lewis v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees.

CACR00-1138. Scott Cragar v. State of Arkansas, from Conway Circuit. Motion of Jeannie L. Denniston for attorney's fees.

CA00-1043. George S. Mackey et al. v. First Community Bank, from Pulaski Chancery, First Division. Appellee's motion to dismiss appeal.

CA01-183. Fay Avington v. Thomas Hammons, from Clark Chancery. Appellant's motion to supplement the record and for brief time.

CA01-359. Hawks Enterprises, Inc. et al. v. Phillip Andrews et ux., from Saline Circuit. Appellants' motion to consider order to remand moot.

CA01-407. Hope Elizabeth Lynch v. Arkansas Department of Human Services, from Benton Chancery. Appellant's motion to supplement the record.

CACR00-910. Mark Latta v. State of Arkansas, from Garland Circuit. Argued orally.

CACR00-645. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-826. Cornelius Spencer v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-881. Charles Ray Bolton v. State of Arkansas, from Greene Circuit.

CACR00-970. Howard Randy Baldwin v. State of Arkansas, from Saline Circuit.

CACR00-1004. James W. Berry v. State of Arkansas, from White Circuit.

CACR00-1025. Sean William Stark, a/k/a Shawn Starks v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1121. Robert Earl Jackson v. State of Arkansas, from Bradley Circuit.

CACR00-1198. James Hoey v. State of Arkansas, from Clay Circuit, Western District.

CACR00-1229. Jerald Michael Charton v. State of Arkansas, from Conway Circuit.

CACR00-1319. Gregory Lee Stevens and Gail Ruth Russell v. State of Arkansas, from Crawford Circuit.

CA00-957. Brenda G. Romo v. Joel R. Romo, from Sebastian Chancery, Fort Smith District.

CA00-1016. J.W. Womble et al. v. Cindy Gray, from Hempstead Chancery.

CA00-1019. F. Lee Beasley III v. Hal B. Vanatta, from Garland Circuit.

CA00-1043. George S. Mackey et al. v. First Community Bank, from Pulaski Chancery, First Division.

CA00-1058. Coran Auto Sales v. Peter Scott Harris, from Faulkner Circuit.

CA00-1090. RLI Insurance Company et al. v. Gregory "Mac" McAfee, from Pulaski Circuit, Third Division.

CA00-1116. Robert L. Plant v. Gary Wilbur et al., from Benton Circuit.

CA00-1211. Ronnie Dubose v. City of Sherwood Police Department, from Pulaski Circuit, Sixth Division.

CA00-1253. Haygood Limited Paartnership v. Michael L. Whisenant, from Workers' Compensation Commission.

CA00-1267. Vicky Carman v. Haworth, Inc., from Workers' Compensation Commission.

CA00-1306. Jimmy Griffin v. Tyson Foods, Inc. et al., from Workers' Compensation Commission.

CA00-1336. U. S. Electrical Motors v. Therron Harrison, from Workers' Compensation Commission.

CA00-1366. Kathy Laine Gordon Herriman v. Alfred Yeoman Gordon, Jr., from Washington Chancery.

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

E01-7. Dorothy Sue Bush v. Director et al.

E01-11. Winona Ahart v. Director et al.

E01-12. Charles C. Hammons v. Director et al.

E01-13. Troy Hawkins v. Director et al.

E01-14. Terrance L. Scott, Sr. v. Director et al.

E01-16. William R. Welles v. Director et al.

E01-17. David L. Bowman, Jr. v. Director et al.

E01-18. Hope Y. Crossley v. Director et al.

E01-19. Robert M. Long v. Director et al.

E01-20. Sharon Reed v. Director et al.

E01-21. Carolyn S. Meyers v. Director et al.

E01-22. Raven A. Spurlin v. Director et al.