Adams v. Nationsbank (Jennings, J.) CA00-1365

Judgment -- Defect complained of was lack of proof of service; did not render court's judgment absolutely void; default judgment; trial court's decision that appellant's objection had been waived was not clearly erroneous. [HTML, WP5.1]

Collins v. Excel Specialty Prods. (Neal, J.) CA01-102

Workers' compensation -- Employment services; matter remanded for consideration of factors listed in recent appellate opinion. [HTML, WP5.1]

Dalrymple v. Dalrymple (Stroud, C.J.) CA00-886

Divorce -- No proof that personal and business funds were commingled; evidence was sufficient to sustain appellee's burden of proving that stock was acquired in exchange for nonmarital property; chancery court affirmed; corporation's renewal commissions also nonmarital property; language of bank notes clear; point reversed & remanded with directions that notes be assigned to insurance agency. [HTML, WP5.1]

Hislip v. Helena/West Helena Schs. (Robbins, J.) CA00-1389

Workers' compensation -- Commission's determination that need for second surgery was caused by independent intervening cause was not supported by substantial evidence; reversed & remanded. [HTML, WP5.1]

Jackson v. El Dorado Sch. Dist. (Roaf, J.) CA00-859

Schools & School districts -- Arkansas Teacher Fair Dismissal Act; no evidence that appellant made knowing & intelligent waiver of notice requirement; matter reversed & remanded where appellee district failed to strictly comply with Act. [HTML, WP5.1]

McCoy v. State (Vaught, J.) CACR00-905

Criminal law -- Evidence supported instruction for attempted first-degree murder; attempted second-degree murder lesser included offense of attempted first-degree murder under fact of case; trial court erred in refusing to instruct on lesser included offense. [HTML, WP5.1] Supplemental opinion upon grant of rehearing delivered August 29, 2001.

Wal-Mart Stores, Inc. v. Stotts (Crabtree, J.) CA00-1468

Workers' compensation -- Commission's finding that appellee sustained compensable injury supported by objective medical evidence. [HTML, WP5.1]  Substituted opinion upon denial of rehearing delivered October 10, 2001.

Walls v. Director (Crabtree, J.) E01-50

Unemployment compensation -- Board's finding that appellant was discharged from her last work for misconduct not supported by substantial evidence; reversed & remanded. [HTML, WP5.1]

Watts v. St. Edward Mercy Med. Ctr. (Neal, J.) CA00-1222

Physicians & surgeons -- Medical malpractice; summary judgment improper where fact question existed; reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anthony v. State, CA CR 00-790 (Griffen, J.), affirmed July 5, 2001. [HTML, WP5.1]

Banks v. State, CA CR 00-805 (Stroud, C.J.), remanded to supplement record July 5, 2001. [HTML, WP5.1]

Butler v. State, CA CR 00-757 (Bird, J.), affirmed July 5, 2001. [HTML, WP5.1]

Cook v. Graves Oil Co., CA 00-1202 (Pittman, J.), affirmed July 5, 2001. [HTML, WP5.1]

Davis v. State, CA CR 00-1374 (Griffen, J.), affirmed July 5, 2001. [HTML, WP5.1]

Faucher v. Bitzer, CA 01-526 (Per Curiam), Appellant's Motion to Supplement the Record and to Stay Brief Time; see per curiam July 5, 2001. [HTML, WP5.1]

Faucher v. Bitzer, CA 01-526 (Per Curiam), Appellant's Motion to Waive Abstracting Requirement or in the Alternative, to Unseal the Record and to Stay Brief Time; see per curiam July 5, 2001. [HTML, WP5.1]

Franks v. Franks, CA 01-163 (Griffen, J.), affirmed July 5, 2001. [HTML, WP5.1]

Hill v. State, CA CR 00-606 (Hart, J.), affirmed July 5, 2001. [HTML, WP5.1]

Iburg v. Arkansas Dep't of Human Servs., CA 00-917 (Per Curiam), Motion of David R. Hogue for Attorney's Fees; denied July 5, 2001. [HTML, WP5.1]

Iburg v. Arkansas Dep't of Human Servs., CA 00-917 (Pittman, J.), affirmed July 5, 2001. [HTML, WP5.1]

Jones v. State, CA CR 00-1260 (Robbins, J.), affirmed July 5, 2001. [HTML, WP5.1]

Lewis v. State, CA CR 00-603 (Roaf, J.), affirmed; Motion to Withdraw granted July 5, 2001. [HTML, WP5.1]

Lockhart v. State, CA CR 00-919 (Crabtree, J.), affirmed July 5, 2001. [HTML, WP5.1]

Mallett v. State, CA CR 00-515 (Baker, J.), affirmed July 5, 2001. [HTML, WP5.1]

McLelland v. McLelland, CA 00-1076 (Pittman, J.), affirmed in part; reversed and remanded in part July 5, 2001. [HTML, WP5.1]

Odom v. State, CA CR 00-1466 (Neal, J.), rebriefing ordered July 5, 2001. [HTML, WP5.1]

Penson v. State, CA CR 00-1300 (Bird, J.), affirmed July 5, 2001. [HTML, WP5.1]

Pifer v. Single Source Transp., CA 01-86 (Hart, J.), reversed and remanded July 5, 2001. [HTML, WP5.1]

Thomas v. State, CA CR 00-643 (Jennings, J.), remanded to supplement record July 5, 2001. [HTML, WP5.1]

Young v. State, CA CR 00-956 (Baker, J.), rebriefing ordered July 5, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Remanded to Supplement Record. Pittman and Jennings, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-886. Marion Belew Dalrymple v. Alwyn Dalrymple, from Pulaski Chancery. Affirmed in Part; Reversed in Part and Remanded. Vaught, Crabtree, and Roaf, JJ., agree. Hart and Griffen, JJ., dissent in part. (8 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA00-917. Tammy (Mynes) Iburg and Clement Aucoin v. Arkansas Department of Human Services, from Faulkner Chancery. Affirmed. Bird and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1076. Vicki McLelland v. Tracy McLelland, from Nevada Chancery. Affirmed in Part; Reversed and Remanded in Part. Jennings, Robbins, Bird, Neal, and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1202. James N. Cook v. Graves Oil Company, from Workers' Compensation Commission. Affirmed. Neal, J., agrees. Bird, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-606. Jimmy Gene Hill v. State of Arkansas, from Craighead Circuit. Affirmed. Neal and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-86. Henry Pifer v. Single Source Transportation, from Workers' Compensation Commission. Reversed and Remanded. Bird, Neal, and Crabtree, JJ., agree. Vaught and Roaf, JJ., dissent. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-643. Michael Lamont Thomas v. State of Arkansas, from Pulaski Circuit. Remanded to Supplement Record. Stroud, C.J., and Pittman, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1365. Doug Adams v. Nationsbank f/k/a Boatmen's Bank of Northeast Arkansas f/k/a Citizens Bank of Jonesboro, from Craighead Circuit. Affirmed. Stroud, C.J., Hart and Crabtree, JJ., agree. Neal and Baker, JJ., dissent. (9 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-1260. Thomas Jones v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Griffen and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1389. Regina Hislip v. Helena/West Helena Schools, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-757. Larry Thomas Butler v. State of Arkansas, from Pulaski Circuit. Affirmed. Baker, J., agrees. Roaf, J., concurs. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1300. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit. Affirmed. Baker, J., agrees. Roaf, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-790. Orlando Anthony v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1374. James B. Davis v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-163. Leslie Janette Franks (now Ouellette) v. Rhett William Franks, from Sebastian Chancery. Affirmed. Robbins and Crabtree, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit. Rebriefing Ordered. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1222. Keziah G. Watts v. St. Edward Mercy Medical Center, from Sebastian Circuit. Reversed and Remanded. Jennings, Robbins, and Baker, JJ., agree. Pittman, J. concurs. Bird, J., dissents. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-102. Wendy A. Collins v. Excel Specialty Products, from Workers' Compensation Commission. Reversed and Remanded. Stroud, C.J., Hart, Bird, Crabtree, and Baker, JJ., agree. Pittman, Jennings, and Robbins, JJ., dissent. (3 PAGES + 4-PAGE DISSENT + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-905. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded in Part; Remanded in Part for Supplementation of the Record. Hart and Neal, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1] Supplemental opinion upon grant of rehearing delivered August 29, 2001. (2 PAGES PUBLISHED)

TERRY CRABTREE, JUDGE:

CACR00-919. Gerald Lee Lockhart v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1468. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Judy Stotts, from Workers' Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. [HTML, WP5.1]  Substituted opinion upon denial of rehearing delivered October 10, 2001. (6 PAGES + 4-PAGE DISSENT PUBLISHED)

E01-50. Laurie A. Walls v. Director, Employment Security Department and JVA International, Inc., from Board of Review. Reversed and Remanded. Robbins and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-515. Arthur Mallett v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit. Rebriefing Ordered. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-603. Raymond Lewis v. State of Arkansas, from Crittenden Circuit. Affirmed; Motion to Withdraw Granted. Bird and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-859. Victor Mature Jackson v. El Dorado School District, from Union Circuit. Reversed and Remanded. Pittman, Griffen, Vaught, and Crabtree, JJ., agree. Hart, Robbins, Bird, and Baker, JJ., dissent. (10 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

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.

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CACR00-806. Billy Russell Smith, Jr. v. State of Arkansas, from Chicot Circuit. Motion of James H. Phillips for attorney's fees is granted. Allowed $1,000.00.

CACR00-1092. Eddie M. Isom, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Richard H. Young for attorney's fees is granted. Allowed $1,000.00.

CACR00-1290. Shunn Riddle v. State of Arkansas, from Monroe Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

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 is granted. Allowed $1,000.00.

CACR00-1300. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit. Motion of Chris A. Averitt for attorney's fees is granted. Allowed $1,000.00.

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for belated return of writ is granted.

CACR01-398. Kendrick Mitchell Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted. Brief due in 40 days (August 14, 2001).

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

CACR01-477. John Loyd Hartsfield v. State of Arkansas, from Calhoun Circuit. Appellant's motion to amend brief is granted. Brief deemed supplemented.

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 is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1438. Hugh B. Chalmers et ux. v. Nina Chalmers et al., from Crittenden Chancery. Appellees' motion to dismiss appeal is denied.

CA01-507. Clyde Eason et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Appellees' motion to dismiss appeal as to separate appellants, Clyde Eason, Robert Tacker and Donna S. Tacker is denied.

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. See per curiam this date. Roaf, J., not participating.  (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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. See per curiam this date. Roaf, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-128. Amelia J. Fluitt v. Director et al., from Board of Review. Appellant's pro se motion for belated appeal is denied.