Cassat v. Hennis (Stroud, C.J.) CA00-1314

Adoption -- Finding that appellee's contacts were significant enough to require consent to adoption not clearly erroneous; appellee's efforts to communicate with children thwarted by ex-husband; denial of petition on basis that appellee's consent was required not clearly erroneous. [HTML, WP5.1]

Hill v. Baptist Med. Ctr. (Robbins, J.) CA00-1177

Workers' compensation -- Reasonable & necessary medical treatment; no substantial evidence that surgery was not best course of treatment; Commission's decision reversed & remanded. [HTML, WP5.1]  Substituted opinion upon grant of rehearing delivered October 10, 2001.

Lamb v. State (Jennings, J.) CACR00-1056

Criminal law -- Trial court's decision not clearly against preponderance of evidence; revocation of suspended sentence affirmed. [HTML, WP5.1]

Lawson v. State (Bird, J.) CACR00-671

Appeal & error -- Argument not preserved for appeal; appellant failed to mention that statement should have been suppressed because she was hearing impaired; appellate court could not say that absence of interpreter undermined confidence in outcome of appeal; trial court did not abuse discretion in finding that appellant had failed to prove that asserted contact by juror with victim's family was inappropriate. [HTML, WP5.1]

Miller v. Transamerica Commercial Fin. Corp. (Pittman, J.) CA00-1465

Judgment -- Statement filed listing outstanding inventory items & affidavit certifying amount of debt; verification sufficient to support default-judgment award; common-defense doctrine inapplicable; doctrine applies only when co-defendant files timely answer; appellant did not support argument with proof; trial judge properly refused to set aside default judgment. [HTML, WP5.1]

Napier v. State (Neal, J.) CACR00-1286

Constitutional law -- Ex post facto clause; change in law altered definition of criminal conduct; giving erroneous jury instruction violated ex post facto laws; case reversed & remanded. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Leach (Stroud, C.J.) CA00-1457

Worker's compensation -- Gradual-onset injury; substantial evidence connected appellee's injury to her job; finding that appellee's aggravation was temporary supported by substantial evidence. [HTML, WP5.1]

Carter v. Lakeland Indus., Inc., CA 00-1137 (Jennings, J.), appeal dismissed June 20, 2001. [HTML, WP5.1]

Cornelison v. Cornelison, CA 01-168 (Stroud, C.J.), reversed and remanded June 20, 2001. [HTML, WP5.1]

Crossno v. Crossno, CA 00-1261 (Roaf, J.), affirmed June 20, 2001. [HTML, WP5.1]

Curtis v. State, CA CR 00-1429 (Baker, J.), affirmed June 20, 2001. [HTML, WP5.1]

Fortner v. Fortner, CA 00-1008 (Baker, J.), affirmed June 20, 2001. [HTML, WP5.1]

Handy v. State, CA CR 00-942 (Roaf, J.), affirmed June 20, 2001. [HTML, WP5.1]

Inman v. Meskimen, CA 00-924 (Baker, J.), direct appeal moot; reversed and remanded on cross-appeal June 20, 2001. [HTML, WP5.1]

Love Box Co. v. Salley, CA 00-1400 (Bird, J.), dismissed June 20, 2001. [HTML, WP5.1]

Orrell v. U.S. Natural Resources, Inc., CA 00-1437 (Vaught, J.), affirmed June 20, 2001. [HTML, WP5.1]

Riddle v. State, CA CR 00-1290 (Jennings, J.), affirmed June 20, 2001. [HTML, WP5.1]

Sweeney v. Cedar Am., CA 00-1217 (Griffen, J.), affirmed June 20, 2001. [HTML, WP5.1]

Upton v. State, CA CR 00-1369 (Jennings, J.), affirmed June 20, 2001. [HTML, WP5.1]

Worley v. Arthur, CA 00-1112 (Vaught, J.), affirmed June 20, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CA00-1314. Christine Cassat v. Allison Hennis, from Pulaski Probate. Affirmed. Pittman and Jennings, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1457. Wal-Mart Stores, Inc. v. Judy Leach, from Workers' Compensation Commission. Affirmed on Direct Appeal and on Cross-Appeal. Pittman and Jennings, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA01-168. Mark E. Cornelison v. Cheryl L. Cornelison, from Washington Chancery. Reversed and Remanded. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA00-1465. Patrick Miller v. Transamerica Commercial Finance Corporation, from Garland Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-1056. Jimmie Lamb v. State of Arkansas, from St. Francis Circuit. Affirmed. Stroud, C.J., Pittman, Robbins, Crabtree, and Roaf, JJ., agree. Bird, Griffen and Vaught, JJ., dissent. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-1290. Shunn Riddle v. State of Arkansas, from Monroe Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1369. David Jay Upton v. State of Arkansas, from Polk Circuit. Affirmed. Stroud, C.J., agrees. Pittman, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1137. Jack L. Carter v. Lakeland Industries, Inc., from Baxter Circuit. Appeal Dismissed. Stroud, C.J., and Pittman, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA00-1177. Sheila Hill v. Baptist Medical Center, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Crabtree, JJ., agree.  [HTML, WP5.1]  Substituted opinion upon grant of rehearing delivered October 10, 2001. (10 PAGES + 5-PAGE DISSENT PUBLISHED)

SAM BIRD, JUDGE:

CACR00-671. Eve Elaine Lawson v. State of Arkansas, from Scott Circuit. Affirmed. Baker and Roaf, JJ., agree. (16 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1400. Love Box Company and Insurance Management Association v. Andrew Salley, from Workers' Compensation Commission. Dismissed. Baker and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA00-1217. Erin K. Sweeney v. Cedar America, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1286. Leanna Napier v. State of Arkansas, from Benton Circuit. Reversed and Remanded. Hart and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA00-1112. Ruby Worley v. James A. Arthur, M.D., Allen Gocio, M.D., and Hot Springs Neurosurgery Clinic, P.A., from Garland Circuit. Affirmed. Hart and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1437. David Orrell v. U.S. Natural Resources, Inc., from Workers' Compensation Commission. Affirmed. Hart and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1429. John Paul Curtis v. State of Arkansas, from Columbia Circuit. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-924. Thomas G. Inman and Lucinda A. Inman, husband and wife, and David B. Inman v. Connis Meskimen, Jeffery Eisenach, and Barry D. Baskin d/b/a Merganser Gadwell Farm Partnership, from Lonoke Chancery. Direct Appeal Moot; Reversed and Remanded on Cross-Appeal. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1008. Joseph Fortner v. Meredith Fortner, from Poinsett Chancery. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-942. Larry Handy v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1261. Joy Crossno v. Randy Crossno, from Greene Chancery. Affirmed. Bird and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CA00-1070. Jesus Rostrol 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 is denied.

CACR00-284. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Motion of J. Blake Hendrix for attorney's fees is granted. Allowed $1,500.00.

CACR00-466. Robert "Say" McIntosh v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for emergency relief is denied.

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 is granted. Allowed $500.00.

CACR00-802. Terrence D. Box v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of James H. Phillips for attorney's fees is granted. Allowed $1,200.00.

CACR00-1036. Onis Michael Kelley v. State of Arkansas, from Ashley Circuit. Motion of James H. Phillips for attorney's fees is granted. Allowed $1,000.00.

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

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

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

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

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

PETITIONS FOR REHEARING:

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

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

CACR00-1235. Frederick Foster v. State of Arkansas, from Arkansas Circuit, Northern District.

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CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion to reinstate appeal.

CACR00-1235. Frederick Foster v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Rufus T. Buie, III, to be substituted as counsel for appellant.

CACR00-1293. Barron B. Lewis v. State of Arkansas, from Crittenden Circuit. Motion of Phillip A. McGough to be relieved as counsel for appellant and for attorney's fees and costs.

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

CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion to file supplemental abstract in reply brief.

CACR01-274. Jerry Acrey v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to dismiss appeal.

CACR01-427. Reece McClure et al. v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal.

CA00-1106. Shoney's Inc. v. Carol Porter, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA00-1244. Nathanael Wagner v. Angelique Wagner, from Craighead Chancery, Western District. Appellee's motion for attorney's fees and costs.

CA00-1432. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Chancery. Appellant's motion for attorney's fees and costs.

CA01-501. Darrell Dunaway v. Kristie Dunaway (now Plummer), from Pulaski Chancery, First Division. Appellee's motion to dismiss appeal.

CA01-654. Arkansas Department of Human Services v. Brandy Marie Bridges et al., from Faulkner Chancery. Appellant's application for stay of order to pay pending appeal.

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

E01-36. Andrew T. Shelton, III v. Director et al.

E01-38. Hershel Carroll, Jr. v. Director et al.

E01-40. Jerry R. Wilson v. Director et al.

E01-41. Roderick Ward v. Director et al.

E01-42. Kathy L. May v. Director et al.

E01-43. Nora Galetti v. Director et al.

E01-44. Ladonna L. Wortham v. Director et al.

E01-47. Virginia McMickle v. Director et al.

E01-49. Nora C. Hunter, Sr. v. Director et al.

E01-50. Laurie A. Walls v. Director et al.

E01-51. Floyd Matlock, Jr. v. Director et al.

E01-52. Johnny Hamilton v. Director et al.