Arkansas Alcoholic Beverage Control v. Muncrief (Roaf, J.) CA00-721

Administrative law & procedure -- Circuit court erred in finding that appellee had standing; reversed & dismissed. [HTML, WP5.1]

Columbia Mut. Ins. Co. v. Home Mut. Fire Ins. Co. (Griffen, J.) CA00-1154

Insurance -- Trade Practices Act applies to cancellations by insurer rather than insured; appellant insurance company lacked standing; appellant could not have been subrogated to rights of mortgagee; right to equitable contribution did not exist in this case. [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered August 29, 2001. 

Dallas County Hosp. v. Daniels (Griffen, J.) CA00-1403

Workers' compensation -- Temporary total disability benefits; appellee still within healing period & entitled to; finding that medical procedure was reasonably necessary was supported by substantial evidence. [HTML, WP5.1]

Haygood Ltd. Partnership v. Whisenant (Griffen, J.) CA00-1253

Workers' compensation -- Statute of limitations; appellee's claim for additional medical benefits not barred where second element to commence was not satisfied. [HTML, WP5.1]

Lee v. Martin (Neal, J.) CA00-1247

Torts -- Insufficient proof offered to support strict liability theory; no factual issue left to be decided; breach of implied warranty of merchantability not proven; summary judgment properly granted. [HTML, WP5.1]

Moore v. Wausau Ins. Co. (Baker, J.) CA00-1282

Workers' compensation -- Joint-petition settlement; order that does not determine exact amount of recovery not final; Commission retained jurisdiction; circuit court properly determined that it was without jurisdiction. [HTML, WP5.1]

Polk County v. Jones (Robbins, J.) CA00-1195

Workers' compensation -- Impairment-rating guide should be consulted when determining existence & extent of permanent impairment even if relevant portions have not been introduced into evidence; rating assigned by Workers' Compensation Commission supported by substantial evidence. [HTML, WP5.1]

Strickland v. State (Baker, J.) CACR00-1061

Jury -- Juror excused during trial; seating of alternate juror not prejudicial; conflicting statements used for impeachment; no prejudice to appellant or abuse of discretion on behalf of trial judge found. [HTML, WP5.1]

Witherspoon v. State (Hart, J.) CACR00-1288

Juveniles -- Transfer to juvenile court; evidence sufficient to establish serious & violent nature of crime & unlikelihood of rehabilitation through treatment of appellant as juvenile; denial of appellant's motion to transfer not error; on appeal from denial of motion to transfer to juvenile court appellate court may not consider denial of oral motion to suppress made at hearing. [HTML, WP5.1]

Bryant v. State, CA CR 00-1284 (Pittman, J.), affirmed June 13, 2001. [HTML, WP5.1]

Bush v. State, CA CR 00-1435 (Neal, J.), affirmed June 13, 2001. [HTML, WP5.1]

Calloway v. State, CA CR 00-1317 (Griffen, J.), affirmed June 13, 2001. [HTML, WP5.1]

DeWitt v. Johnson, CA 00-1240 (Hart, J.), dismissed June 13, 2001. [HTML, WP5.1]

Engebretson v. State, CA CR 00-1330 (Griffen, J.), affirmed June 13, 2001. [HTML, WP5.1]

Hernandez v. State, CA CR 00-1413 (Stroud, C.J.), affirmed June 13, 2001. [HTML, WP5.1]

Johnson v. State, CA CR 00-1194 (Roaf, J.), affirmed June 13, 2001. [HTML, WP5.1]

Lewis v. State, CA CR 00-1293 (Robbins, J.), affirmed June 13, 2001. [HTML, WP5.1]

Matthews v. Spencer, CA 00-766 (Neal, J.), affirmed June 13, 2001. [HTML, WP5.1] Supplemental opinion upon grant of rehearing delivered September 26, 2001.

Sanders v. Wal-Mart Stores, Inc., CA 00-1385 (Bird, J.), affirmed June 13, 2001. [HTML, WP5.1]

Smith v. State, CA CR 00-806 (Crabtree, J.), affirmed June 13, 2001. [HTML, WP5.1]

Vaughan Tire Co. v. Hendrix, CA 00-1392 (Griffen, J.), appeal dismissd June 13, 2001. [HTML, WP5.1]

Walker v. State, CA CR 00-998 (Baker, J.), affirmed June 13, 2001. [HTML, WP5.1]

Wilfong v. Arkansas Dep't of Human Servs., CA 00-1352 (Jennings, J.), affirmed June 13, 2001. [HTML, WP5.1]

Withers v. Crafton, CA 00-1034 (Pittman, J.), affirmed June 13, 2001. [HTML, WP5.1]

Bradley v. Director of Labor, E 01-34, June 13, 2001.

Brooks v. Director of Labor, E 01-37, June 13, 2001.

Childress v. Director of Labor, E 01-33, June 13, 2001.

Coonts v. Director of Labor, E 01-30, June 13, 2001.

Dixon v. Director of Labor, E 01-28, June 13, 2001.

Dobbins v. Director of Labor, E 01-26, June 13, 2001.

Dyson v. Director of Labor, E 01-23, June 13, 2001.

Greene v. Director of Labor, E 01-25, June 13, 2001.

Johnson v. Director of Labor, E 01-29, June 13, 2001.

Moton v. Director of Labor, E 01-27, June 13, 2001.

Tidwell v. Director of Labor, E 01-24, June 13, 2001.

White v. Director of Labor, E 01-39, June 13, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-1413. Mario Hernandez v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-1284. Deborah Lynn Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Stroud, C.J., and Jennings, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1034. Ron Withers v. Hal Crafton et al., from Faulkner Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-1288. Derrick Lamont Witherspoon v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1240. Mary DeWitt v. Carnell Johnson and Pamela Akins, from Pulaski Circuit. Dismissed. Neal and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

JOHN B. ROBBINS, JUDGE:

CACR00-1293. Barron B. Lewis v. State of Arkansas, from Crittenden Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1195. Polk County v. Carl Jones, from Workers' Compensation Commission. Affirmed. Stroud, C.J., Hart, Jennings, Crabtree, and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA00-1385. LeRoy Sanders v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-1317. Wanda Calloway v. State of Arkansas, from Jefferson Circuit. Affirmed. Vaught, J., agrees. Roaf, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CACR00-1330. Mark James Engebretson v. State of Arkansas, from Garland Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1154. Columbia Mutual Insurance Company v. Home Mutual Fire Insurance Company, from Washington Chancery. Affirmed. Vaught and Roaf, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered August 29, 2001. (1 PAGE PUBLISHED)

CA00-1253. Haygood Limited Partnership v. Michael L. Whisenant, from Workers' Compensation Commission. Affirmed. Vaught, J., agrees. Roaf, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-1392. Vaughan Tire Company, Inc. and Union Standard Insurance Company v. Lawrence Hendrix, from Workers' Compensation Commission. Appeal Dismissed. Vaught and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1403. Dallas County Hospital and Virginia Reciprocal Exchange v. Judy Daniels, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1435. Kenneth Bush v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-766. Ed Matthews, President & Director of Lakeside Country Club et al. v. John Spencer et al., from Saline Chancery. Affirmed. Pittman and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]  Supplemental opinion upon grant of rehearing delivered September 26, 2001. (6 PAGES UNPUBLISHED)

CA00-1247. John Lee v. Ashley Martin and Sears, Roebuck & Company, from Randolph Circuit. Affirmed. Hart and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-806. Billy Russell Smith, Jr. v. State of Arkansas, from Chicot Circuit. Affirmed. Robbins and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-998. Kenneth Dean Walker v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1061. Jimmy Strickland v. State of Arkansas, from Sebastian Circuit. Affirmed. Jennings, Robbins, Bird, Vaught, and Crabtree, JJ., agree. Hart, Griffen and Neal, JJ. dissent. (6 PAGES + 10-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-1282. Marilyn Sue McGrew Moore v. Wausau Insurance Company, from Crawford Circuit. Affirmed. Jennings and Robbins, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-1194. James E. Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-721. Arkansas Alcoholic Beverage Control and Pearcy Grocery, Inc. v. Deborah Muncrief, from Garland Circuit. Reversed and Dismissed. Bird and Baker, JJ., agree. (7 PAGES PUBLISHED) [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).

E01-23. Patricia D. Dyson v. Director et al.

E01-24. Mackie L. Tidwell v. Director et al.

E01-25. William J. Greene v. Director et al.

E01-26. Malinda Dobbins v. Director et al.

E01-27. Carlton R. Moton v. Director et al.

E01-28. Natalya Dixon v. Director et al.

E01-29. Lott Johnson v. Director et al.

E01-30. Sherri L. Coonts v. Director et al.

E01-33. Carolyn Childress v. Director et al.

E01-34. Linda D. Bradley v. Director et al.

E01-37. Mary L. Brooks v. Director et al.

E01-39. La Tonyalyn K. White v. Director et al.

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

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

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

CA00-843. Terrell Bishop, Jr. v. Connie Hubbard Bishop, from Yell Chancery, Southern District.

CA00-1075. Arkansas Department of Human Services v. Ethel Keeling, from Searcy Probate.

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CACR99-1319. Herman Folk, Sr. v. State of Arkansas, from Drew Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.

CACR00-327. Arliss Whitney v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of counsel is denied.

CACR00-1035. Rodney Bunch v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Tammy L. Harris for attorney's fees is granted. Allowed $1,000.00.

CACR00-1121. Robert Earl Jackson v. State of Arkansas, from Bradley Circuit. Motion of James H. Phillips for attorney's fees is granted. Allowed $1,000.00.

CACR01-99. Don E. Webb v. State of Arkansas, from Washington Circuit. Appellant's motion for oral argument is denied.

CA00-1357. Arkansas Department of Human Services v. Rose Huff, from Sebastian Chancery, Fort Smith District. Appellant's motion for extension of time to file supplemental record and for brief time is granted. Brief due August 1, 2001. Request for contempt proceedings denied.

CA01-165. Tyson Foods, Inc. v. Don Davis, from Franklin Circuit, Northern District. Appellant's motion to substitute abstract is granted. Substituted brief due June 28, 2001. Appellee allowed fifteen days thereafter to file substituted brief, if desired.

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

CA01-507. Clyde Eason et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Motion of separate appellant, Clyde Eason, to stay brief time is granted.

PETITIONS FOR REHEARING:

CA00-1070. Jesus Rostro v. Cargill, Inc., from Workers' Compensation Commission.

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

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CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion for stay of mandate.

CACR00-284. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Motion of J. Blake Hendrix for attorney's fees.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Motion of Phillip A. McGough to be relieved as counsel for appellant and for attorney's fees.

CACR00-802. Terrence D. Box v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of James H. Phillips for attorney's fees.

CACR00-1036. Onis Michael Kelley v. State of Arkansas, from Ashley Circuit. Motion of James H. Phillips for attorney's fees.

CACR01-142. Lenois King v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for transcript.

CA00-656. Bobbie Smith v. County Market/Southeast Foods/Wausau Insurance Company, from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA00-1419. Wal-Mart Stores, Inc. v. Patsy Woods, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs.

CA01-96. Arthur Lee Farris v. Tracy A. Farris, from Washington Chancery. Appellant's motion for remand for limited jurisdiction.

CA01-151. Thomas L. Hays, Guardian v. Theresa Hays, from Pulaski Probate, Third Division. Appellant's motion for remand.

CA01-228. Paul Dwaine Cromwell v. University of Arkansas, from Workers' Compensation Commission. Appellant's motion to file belated brief.

CA01-526. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division. Appellant's motion to supplement the record and to stay brief time.

CA01-526. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division. Appellant's motion to waive abstracting requirement or in the alternative, to unseal the record and to stay brief time.

CACR00-208. Terri L. Bagwell v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-515. Arthur Mallett v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-603. Raymond Lewis v. State of Arkansas, from Crittenden Circuit.

CACR00-606. Jimmy Gene Hill v. State of Arkansas, from Craighead Circuit, Western District.

CACR00-643. Michael Lamont Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-742. Kenneth Scarver v. State of Arkansas, from Jefferson Circuit.

CACR00-757. Larry Thomas Butler v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-790. Orlando Anthony v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-824. Tavell Martez Lawson v. State of Arkansas, from Desha Circuit, Arkansas City District.

CACR00-905. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-919. Gerald Lee Lockhart v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit.

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit.

CACR00-1055. Latonya Faye Orsborn v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR00-1204. Jeff Scott Behm v. State of Arkansas, from Izard Circuit.

CACR00-1260. Thomas Jones v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR00-1274. Christopher N. Jones v. State of Arkansas, from Crittenden Circuit.

CACR00-1374. James B. Davis v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit.

CACR01-5. Carl Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-10. Rudy Mammedaty v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR01-29. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division.