ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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75 Ark. App.

Opinions delivered
September 19, 2001


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Johnson v. State (Robbins, J.) CACR00-1187

Evidence -- Accomplice testimony; evidence sufficient to corroborate; waiver of rights in custodial statement; right to remain silent never invoked; nothing improper about continuation of custodial interrogation. [HTML, WP5.1]

Parker v. Parker (Vaught, J.) CA00-331

Parent & child -- Parental relocation; appellant met burden of demonstrating real advantage to moving family unit; move was likely to improve general quality of life for appellant & children; chancellor placed too much weight on temporary agreement; denial of permission to relocate reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Barnes v. Alma Sch. Dist., CA 00-1182 (Robbins, J.), affirmed in part; reversed and remanded in part September 19, 2001. [HTML, WP5.1]

Brown v. Excel Corp., CA 01-71 (Pittman, J.), affirmed on appeal; affirmed on cross-appeal September 19, 2001. [HTML, WP5.1]

Buck v. Gillham, CA 00-1236 (Griffen, J.), appeal dismissed September 19, 2001. [HTML, WP5.1]

Bullard v. Moore, CA 00-1237 (Bird, J.), affirmed September 19, 2001. [HTML, WP5.1]

Cabot Manor Nursing Ctr. v. Strayhorn, CA 01-130 (Stroud, C.J.), affirmed September 19, 2001. [HTML, WP5.1]

Collins v. Jackson, CA 00-652 (Roaf, J.), reversed and remanded September 19, 2001. [HTML, WP5.1]

Covey v. Covey, CA 01-67 (Roaf, J.), affirmed September 19, 2001. [HTML, WP5.1]

Crockett v. State, CA CR 00-1455 (Bird, J.), dismissed September 19, 2001. [HTML, WP5.1]

Foley v. State, CA CR 01-3 (Vaught, J.), affirmed September 19, 2001. [HTML, WP5.1]

Gentry v. Poulan Weed Eater, CA 01-139 (Crabtree, J.), affirmed September 19, 2001. [HTML, WP5.1]

Hargis v. H. G. Graham Farms, Inc., CA 01-35 (Bird, J.), affirmed in part; reversed in part and remanded September 19, 2001. [HTML, WP5.1]

Jackson v. State, CA CR 01-202 (Vaught, J.), affirmed September 19, 2001. [HTML, WP5.1]

Meddress v. Brooks, CA 01-107 (Hart, J.), affirmed September 19, 2001. [HTML, WP5.1]

Minyard v. Habbe, CA 00-1099 (Robbins, J.), affirmed on direct appeal; affirmed in part and reversed in part on cross-appeal September 19, 2001. [HTML, WP5.1]

Noble v. State, CA CR 00-587 (Jennings, J.), affirmed September 19, 2001. [HTML, WP5.1]

Rhodes v. State, CA CR 00-1122 (Bird, J.), affirmed September 19, 2001. [HTML, WP5.1]

Shaw v. Applegate, CA 00-1289 (Stroud, C.J.), affirmed September 19, 2001. [HTML, WP5.1]

Stanley v. State, CA CR 00-1471 (Griffen, J.), reversed in part; affirmed in part as modified September 19, 2001. [HTML, WP5.1]

Wanda's Eldercare v. Coplan, CA 01-160 (Baker, J.), affirmed September 19, 2001. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Clardy v. Director of Labor, E 01-69, September 19, 2001.

Eason v. Director of Labor, E 01-74, September 19, 2001.

Edwards v. Director of Labor, E 01-60, September 19, 2001.

Ferguson v. Director of Labor, E 01-31, September 19, 2001.

Jackson v. Director of Labor, E 01-71, September 19, 2001.

McCabe v. Director of Labor, E 01-68, September 19, 2001.

McNutt v. Director of Labor, E 01-72, September 19, 2001.

Rowan v. Director of Labor, E 01-70, September 19, 2001.

Shirley v. Director of Labor, E 01-73, September 19, 2001.

Ward v. Director of Labor, E 01-67, September 19, 2001.

Watson v. Director of Labor, E 01-77, September 19, 2001.


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CA00-1289. Chester Shaw and Elva Shaw v. Kevin Applegate, from Garland Chancery. Affirmed. Griffen and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-130. Cabot Manor Nursing Center v. Sheila A. Strayhorn, from Workers' Compensation Commission. Affirmed. Neal and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-71. Johnnie Sue Brown v. Excel Corporation, from Workers' Compensation Commission. Affirmed on Appeal; Affirmed on Cross-Appeal. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-107. James William Meddress, Jr., and Martha Jane Meddress, Co-trustees of the Jim and Jane Meddress Joint Revocable Trust v. Beckie Brooks d/b/a The Beckie Brooks Company, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-587. Leonard Noble v. State of Arkansas, from Sebastian Circuit. Affirmed. Crabtree and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-1187. Sherman Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1099. Carol Minyard v. Peter E. Habbe, from Montgomery Chancery. Affirmed on Direct Appeal; Affirmed in Part and Reversed in Part on Cross-Appeal. Bird and Vaught, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1182. Sharrion Barnes v. Alma School District, from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Bird and Vaught, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-1122. John Henry Rhodes, Jr. v. State of Arkansas, from Van Buren Circuit. Affirmed. Robbins and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1455. Carol Crockett v. State of Arkansas, from Pulaski Circuit. Dismissed. Robbins and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1237. Betty (Moore) Bullard v. Covie Moore, from Independence Chancery. Affirmed. Robbins and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-35. Suzanne Greenhaw Hargis and Jana Greenhaw Herbig v. H. G. Graham Farms, Inc. and Agronomics Limited Partnership, from Jackson Chancery. Affirmed in Part; Reversed in Part and Remanded. Robbins and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-1471. Kenneth Lee Stanley v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed in Part; Affirmed in Part as Modified. Stroud, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1236. Wayne Buck v. C. W. Gillham, from Garland Circuit. Appeal Dismissed. Stroud, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-3. Cherlene Foley v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-202. Andrew Jackson v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-331. Louanne Parker v. John Matthew Parker, from Craighead Chancery. Affirmed in Part; Reversed and Remanded in Part. Bird, J., agrees. Robbins, J., concurs. (13 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-139. Shirley Gentry v. Poulan Weed Eater, from Workers' Compensation Commission. Affirmed. Jennings and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-160. Wanda's Eldercare v. Margie R. Coplan, from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-652. James and Martha Collins v. Melvin and Martha Jackson, from Arkansas Chancery. Reversed and Remanded. Pittman and Hart, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-67. Robert Covey v. Jeannie Covey, from Saline Chancery. Affirmed. Pittman and Hart, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

E01-31. Melissa Ferguson v. Director et al.

E01-60. Donnie C. Edwards v. Director et al.

E01-67. Michael E. Ward v. Director et al.

E01-68. Eugenia McCabe v. Director et al.

E01-69. Roberta J. Clardy v. Director et al.

E01-70. Brent A. Rowan v. Director et al.

E01-71. Donald Lee Jackson v. Director et al.

E01-72. Alice McNutt v. Director et al.

E01-73. Suzanne B. Shirley v. Director et al.

E01-74. Denita Eason v. Director et al.

E01-77. Constance Watson v. Director et al.

PER CURIAM ORDERS

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for appointment of counsel is denied.

CACR00-1122. John Henry Rhodes, Jr. v. State of Arkansas, from Van Buren Circuit. Motion of Jerry Larkowski for attorney's fees is granted. Allowed $1,000.00.

CACR01-230. Charles Heaslet v. State of Arkansas, from Lonoke Circuit. Appellant's motion for brief time is granted for thirty days. Jennings and Griffen, JJ., would deny.

CACR01-425. Derrick C. Walls v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal on suggestion of appellant's death is granted.

CACR01-848. Bruce Cooney v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and to stay brief time is granted.

CACR01-912. Jose Luis Vergara-Soto v. State of Arkansas, from Washington Circuit. Motion of George R. Spence to withdraw as counsel for appellant is denied. George R. Spence is appointed to represent the appellant. Brief due October 29, 2001.

CA00-1432. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Chancery. Appellant's motion for attorney's fees is denied without prejudice. Costs assessed on mandate.

CA01-376. Trans State Lines et al. v. David Lanning, from Workers' Compensation Commission. Appellee's motion for brief time is granted.

CA01-501. Darrell Dunaway v. Kristie Dunaway (now Plummer), from Pulaski Chancery, First Division. Appellant's motion for brief time is granted. Final extension.

CA01-689. Baxter Healthcare Corporation et al. v. Janet M. Roberts, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted.

CA01-760. State of Arkansas, ex rel. Mark Pryor, Attorney General v. Diamond Lakes Oil Company, from Hot Spring Circuit. Appellant's motion to complete the record is remanded to the trial court to settle the record within thirty days.

MOTIONS SUBMITTED

CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of David L. Dunagin for attorney's fees.

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for transcript and for brief time.

CACR00-1301. Tommy Paul Lemons v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.

CACR01-509. Rosetta Marie Davis v. State of Arkansas, from Independence Circuit. Appellant's motion for additional time to file brief.

CACR01-683. Jimmy Europe, Jr. v. State of Arkansas, from Howard Circuit. Appellant's motion to supplement the record.

CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for appointment of counsel.

CACR01-900. Eugene Mayberry v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton to withdraw as counsel for appellant and to appoint Bob Frazier as counsel.

CA00-1298. The Entertainment and Leisure Corporation et al. v. Razorback Entertainment Corporation, from Garland Chancery. Appellant's motion to revive Case No. CA00-1298 as consolidated with CA00-876.

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

CA01-378. Billy D. Greer v. Linda S. Greer, from Craighead Chancery, Western District. Joint motion for stay of brief time.

CA01-405. Everett Yarbrough et al. v. Cross Oil Refining, from Union Circuit. Appellant's motion for additional brief time.

CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Chancery. Appellant's motion for additional brief time.

CA01-529. Doris Butler v. Mid-South Road Builders, Inc., from St. Francis Circuit. Appellant's motion to stay briefing schedule pending bankruptcy.

CA01-576. Lola Felicia Cash et al. v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division. Appellant's motion to supplement brief.

CA01-811. Mary Miller v. Meyers Bakeries, Inc., from Workers' Compensation Commission. Joint motion to substitute the record and for brief time.

CA01-833. Wendy Reed et al. v. Arkansas Department of Human Services, from White Chancery. Appellants' motion to substitute counsel and for brief time.

CA01-942. Karen Rosamond v. Arkansas Department of Human Services, from Faulkner Chancery. Motion of Steven Harper to substitute parent ad litem David Hogue as counsel for appellant.

E01-214. James K. Haarmeyer v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR00-883. Samuel J. Watson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-908. Robert Kent Gwatney v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-1101. Daniel Scott Chrobak v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1462. Bill S. Norman v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-59. Obbie Willis v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-236. Matthew Sikes v. State of Arkansas, from Faulkner Circuit.

CACR01-270. Jewell Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA00-1050. Margaret Hattenhauer et al. v. Johnny Cochran et al., from Randolph Probate.

CA00-1404. Jerry L. Hayes v. Arkansas Employment Security Department, from Workers' Compensation Commission.

CA00-1412. Martha Collins v. Cornelius Collins, from Jefferson Chancery.

CA00-1434. Rhonda Gay Henley v. Alan Wade Henley, from Washington Chancery.

CA01-114. James W. Moss v. International Paper Company, from Workers' Compensation Commission.

CA01-148. Jennifer Nicole Remick Word v. Frank D. Remick, Sr., from Ouachita Chancery.

CA01-185. Ronald Cunningham et al. v. J. M. Crites, from Pulaski Circuit, Third Division.

CA01-191. Tommy Mashaw v. Dr. James J. Trusell, from Sebastian Circuit, Fort Smith District.

CA01-195. Paul Towery v. Hi-Speed Electrical Company et al., from Workers' Compensation Commission.

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery.

CA01-284. Randy Ellis v. Linda Lee Ellis, from Union Chancery.

CA01-304. Auger Timber Company, Inc. v. Stan Jiles, from Union Circuit.

CA01-309. Omar Jaraki, M.D. v. Cardiology Associates of Northeast Arkansas, P.A., from Craighead Chancery, Western District.

CA01-325. Lamar Burrell v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA01-334. Glenda Bean, Director v. Jackie Logue, from Washington Circuit.

CA01-537. Jerry D. Stephens, Jr. v. Tina L. Stephens (Marsh), from White Chancery.

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

E01-91. Marvlyn J. Underwood v. Director et al.

E01-92. Margueritte R. Chapman v. Director et al.

E01-93. Chaka R. Simmons v. Director et al.

E01-95. Abraham Honeycutt v. Director et al.

E01-96. Frankie D. Vaughn v. Director et al.

E01-97. Margaret Brumley v. Director et al.

E01-98. Jacquelyn Langley v. Director et al.

E01-100. Dorothy Smith v. Director et al.

E01-101. Gary H. Beasley v. Director et al.

E01-102. Melanie Smith v. Director et al.

E01-103. Valerie A. Manning v. Director et al.

E01-104. Shirley A. Hollingsworth v. Director et al.