Dial v. Dial (Roaf, J.) CA00-864

Divorce - Appellant's acceptance of benefits pending appeal did not impede ability to effect equitable division of property upon reversal; division of property; money accumulated in appellee's deferred retirement option plan (DROP) account constituted marital property of which appellant was entitled to 59 percent interest. [HTML, WP5.1]

Dillard v. Wade (Roaf, J.) CA00-1200

Torts -- Conversation; appellant was co-tenant with respect to timber; trial court did not err in giving instruction concerning conversion & wrongful cutting of timber. [HTML, WP5.1]

In Re: Passing of Nancy Marian Epperson (Per Curiam) [HTML, WP5.1]

Bell v. Office of Child Support Enfcm't, CA 00-856 (Crabtree, J.), dismissed May 23, 2001. [HTML, WP5.1]

Brewer v. State, CA CR 00-1215 (Jennings, J.), affirmed May 23, 2001. [HTML, WP5.1]

Brown v. Varner, CA 00-719 (Griffen, J.), affirmed May 23, 2001. [HTML, WP5.1]

Carter v. Arkansas State Univ., CA 00-1142 (Pittman, J.), affirmed May 23, 2001. [HTML, WP5.1]

Cogburn v. OK Foods, Inc., CA 00-1162 (Pittman, J.), affirmed May 23, 2001. [HTML, WP5.1]

Cooper v. Cooper, CA 00-853 (Neal, J.), affirmed May 23, 2001. [HTML, WP5.1]

Foster v. State, CA CR 00-1235 (Robbins, J.), affirmed May 23, 2001. [HTML, WP5.1]

Garrett v. State, CA CR 00-974 (Vaught, J.), affirmed as to Mindy Garrett; reversed and remanded as to David Len Garrett May 23, 2001. [HTML, WP5.1]

Harris v. Pt of the SW1/4 of the SE 1/4 of Section 20, Township 2 South, Range 11 West, CA 00-1094 (Pittman, J.), affirmed May 23, 2001. [HTML, WP5.1]

Herriman v. Gordon, CA 00-1366 (Robbins, J.), dismissed May 23, 2001. [HTML, WP5.1]

Hodges v. State, CA CR 00-1078 (Baker, J.), affirmed May 23, 2001. [HTML, WP5.1]

Hudson v. State, CA CR 00-1013 (Pittman, J.), affirmed May 23, 2001. [HTML, WP5.1]

Jacks v. Jacks, CA 00-930 (Hart, J.), affirmed May 23, 2001. [HTML, WP5.1]

Neville v. Hall, CA 00-1095 (Jennings, J.), affirmed May 23, 2001. [HTML, WP5.1]

Pate v. State, CA CR 00-735 (Stroud, C.J.), affirmed May 23, 2001. [HTML, WP5.1]

Rayburn v. State, CA CR 00-1045 (Crabtree, J.), affirmed May 23, 2001. [HTML, WP5.1]

Strain v. Strain, CA 00-849 (Stroud, C.J.), reversed and remanded May 23, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-735. Gerald Pate v. State of Arkansas, from Faulkner Circuit. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-849. Michael Eugene Strain v. Elizabeth Diane Strain, from Faulkner Chancery. Reversed and Remanded. Hart and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-1013. Jessie Demond Hudson v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. Stroud, C.J., and Roaf, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1094. Charlotte Harris v. Pt of the SW1/4 of the SE 1/4 of Section 20, Township 2 South, Range 11 West, from Pulaski Chancery, First Division. Affirmed. Stroud, C.J., and Roaf, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1142. Johnny Carter v. Arkansas State University, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Roaf, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1162. Brenda Cogburn (McGee) v. OK Foods, Inc., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Roaf, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-930. David C. Jacks v. Sandra J. Jacks, from Jefferson Chancery. Affirmed. Stroud, C.J., and Crabtree, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-1215. Ricardo Antonio Brewer v. State of Arkansas, from Garland Circuit. Affirmed. Robbins and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1095. William Michael Neville v. Lewis Clay Hall, from Pulaski Probate. Affirmed. Robbins and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-1235. Frederick Foster v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. Jennings and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1366. Kathy Laine Gordon Herriman v. Alfred Yeoman Gordon, Jr., from Washington Chancery. Dismissed. Jennings and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA00-719. David P. Brown, M.D. and Melissa A. Brown v. Margaret Varner, from Polk Circuit. Affirmed. Vaught and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-853. Charles C. Cooper v. Louise C. Cooper, from Garland Chancery. Affirmed. Pittman and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-974. Mindy Garrett and David Len Garrett v. State of Arkansas, from Pulaski Circuit. Affirmed as to Mindy Garrett; Reversed and Remanded as to David Len Garrett. Griffen and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-1045. Gregory Rayburn v. State of Arkansas, from Marion Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-856. Bobby Bell v. Office of Child Support Enforcement, from Arkansas Chancery. Dismissed. Stroud, C.J., and Hart, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1078. Damien D. Hodges v. State of Arkansas, from St. Francis Circuit. Affirmed. Jennings and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery. Affirmed in Part; Reversed and Remanded in Part. Griffen and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1200. Daniel Dillard v. Mayme Curry Wade et al., from Lafayette Circuit. Affirmed. Griffen and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

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

CACR00-486. Shawn Barbee v. State of Arkansas, from Ashley Circuit.

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CACR00-706. James L. Davis v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR00-844. Martha Ann Lewis v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $900.00.

CACR00-1138. Scott Cragar v. State of Arkansas, from Conway Circuit. Motion of Jeannie L. Denniston for attorney's fees is granted. Allowed $1,000.00.

CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery. Appellee's motion to dismiss appeal is denied. See opinion this date.

CA01-183. Fay Avington v. Thomas Hammons, from Clark Chancery. Appellant's motion to supplement the record and for brief time is granted. Corrected record to be filed within twenty days (June 12, 2001). Brief to be filed within fifty days (July 12, 2001). Vaught and Crabtree, JJ., would deny.

CA01-407. Hope Lynch v. Arkansas Department of Human Services, from Benton Chancery. Appellant's motion to supplement the record is granted. Record deemed supplemented. Crabtree, J., not participating.

In Re: Passing of Nancy Marian Epperson. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

From August 22, 1983, until her retirement on April 1, 2001, Marian Epperson faithfully served as a law clerk at the Arkansas Court of Appeals. The court wishes to honor her years of service by this memorial opinion and express our gratitute for the loyalty and dignity that she displayed throughout her service to this court.

Ms. Epperson began her service on the court as a law clerk to the Honorable Judge Melvin Mayfield. After Judge Mayfield's retirement, Ms. Epperson continued as a law clerk for the Honorable Judge Sam Bird. At the time of her death on May 15, 2001, Ms. Epperson had the distinction of being the longest serving law clerk on the Arkansas Court of Appeals, having served for almost eighteen years. During those years, she maintained her commitment, not only to fairness and justice, but also to her coworkers and the judges for whom she worked. We also wish to express our sincere condolences to her family. She will be missed by her many friends and colleagues.

PETITIONS FOR REHEARING:

CACR00-888. James Kelly Beasley v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA00-98. Cheryl Paslay Brewer et al. v. Arkansas Department of Human Services, from White Chancery.

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CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Appellant's pro se motion to file belated reply brief.

CACR00-634. William Sarno v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR00-911. Eric L. Avett v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams for attorney's fees.

CACR00-1278. Charles Armstrong v. State of Arkansas, from Crawford Circuit. Motion of Leif Hamman for attorney's fees.

CACR01-78. Brian D. Higgins v. State of Arkansas, from St. Francis Circuit. Appellant's pro se motion to file supplemental brief.

CACR01-273. Corey Williams v. State of Arkansas, from St. Francis Circuit. Appellee's motion to dismiss appeal.

CACR01-281. Norris Robinson v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated brief and abstract.

CA01-58. Charles Rhoads v. Alex Lacy, from Washington Circuit. Appellant's motion to correct brief.

CA01-140. Mollie Randle Childers v. Arkansas Department of Human Services, from St. Francis Chancery. Appellee's petition for writ of certiorari to complete the record and for brief time.

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery. Appellee's motion to consolidate this case with CA00-1226.

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery. Appellee's motion to dismiss appeal and for attorney's fees and costs.

CA01-404. Mark Johnson et al. v. Richard L. Ramsay et al., from Pulaski Chancery, Third Division. Motion of Richard L. Ramsay to be substituted as counsel for appellees.

CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Chancery. Appellant's motion to file supersedeas bond.

CACR00-401. Sheri Lynn Langston v. State of Arkansas, from Union Circuit. Argued orally.

CA01-102. Wendy A. Collins v. Excel Specialty Products, from Workers' Compensation Commission. Argued orally.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit.

CACR00-911. Eric L. Avett v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1036. Onis Michael Kelley v. State of Arkansas, from Ashley Circuit.

CACR00-1092. Eddie Isom v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-1124. Vera Garner v. State of Arkansas, from Searcy Circuit.

CACR00-1205. Nicie Ann Dillehay v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-1258. Wardell Green v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-1278. Charles Armstrong v. State of Arkansas, from Crawford Circuit.

CA00-766. Lakeside Country Club, Inc et al. v. John Spencer et al., from Saline Chancery.

CA00-886. Marion M. Belew Dalrymple v. Alwyn Dalrymple, from Pulaski Chancery, Second Division.

CA00-1125. Steven Anderson v. Tammy Anderson, from Faulkner Chancery.

CA00-1154. Columbia Mutual Insurance Company v. Home Mutual Fire Insurance Company, from Washington Chancery.

CA00-1207. Rose Turnbough v. Mammoth Spring School District #2, from Fulton Circuit.

CA00-1222. Keziah G. Watts v. St. Edward Mercy Medical Center, from Sebastian Circuit, Fort Smith District.

CA00-1244. Nathanael Wagner v. Angelique Wagner, from Craighead Chancery, Western District.

CA00-1282. Marilyn Sue McGrew Moore v. Wausau Insurance Company, from Crawford Circuit.

CA00-1346. Pathfinder School, Inc. v. Easter Fisher, from Workers' Compensation Commission.

CA00-1352. Sherry Wilfong (now Wilson) v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District.

CA00-1385. Leroy Sanders v. Claims Management, Inc., from Workers' Compensation Commission.

CA00-1392. Vaughan Tire Company et al. v. Lawrence Hendrix, from Workers' Compensation Commission.

CA00-1396. Louis F. Riesenhuber v. Rental Service Corporation et al., from Workers' Compensation Commission.

CA00-1419. Wal-Mart Stores, Inc. et al. v. Patsy Woods, from Workers' Compensation Commission.