Clardy v. Medi-Homes LTC Servs. LLC (Roaf, J.) CA01-200

Workers' compensation -- Employment services; appellate court could not say that Commission's findings that appellant's digression was personal & that she was not performing employment services when she fell were not supported by substantial evidence. [HTML, WP5.1]

Ford v. State (Robbins, J.) CACR00-842

Evidence -- Conviction for possession of ephedrine supported by substantial evidence; conviction for being accomplice to manufacturing methamphetamine not supported by substantial evidence; conviction reversed & dismissed. [HTML, WP5.1]

Geer v. State (Baker, J.) CACR01-4

Criminal law -- Commercial burglary & breaking or entering; proof sufficient to infer appellant committed both crimes. [HTML, WP5.1]

Hoay v. State (Hart, J.) CACR00-1198

Search & seizure -- State failed to establish that there was objectively reasonable reliance on invalid arrest warrant; evidence presented at suppression hearing was inadequate to determine whether there was probable cause to believe that appellant violated statutes; reversed & remanded. [HTML, WP5.1]

Jones v. Bethlehem Baptist Church (Baker, J.) CA00-1482

Ecclesiastical matters -- Expulsion of members; chancellor's findings that appellant were given notice not clearly erroneous. [HTML, WP5.1]

Kelley v. State (Neal, J.) CACR00-1281

Evidence -- Conviction for obstructing governmental operations supported by substantial evidence. [HTML, WP5.1]

Magee v. Director (Hart, J.) E00-295

Unemployment compensation -- Good cause for quitting employment; Board's finding that appellant did not take appropriate steps to resolve mistreatment not supported by substantial evidence; appellate court unable to undertake meaningful review; matter remanded. [HTML, WP5.1]

Tony Smith Trucking v. Woods & Woods, Ltd. (Robbins, J.) CA00-1381

Limitation of actions -- Gist of action was negligence; three-year limitations period applied; limitations period expired prior to filing of complaints; summary judgment properly entered against appellants. [HTML, WP5.1]

Tri-State Delta Chem., Inc. v. Wilkison (Bird, J.) CA01-162

Homestead -- Exemption; no merit to appellant's argument that appellee lost right to claim exemption against judgment creditors because he & his wife later divorced. [HTML, WP5.1]

Weymouth v. Chism (Roaf, J.) CA01-94

Civil procedure -- Time limit for service; summary judgment affirmed where appellant knew service of first complaint had not been accomplished. [HTML, WP5.1]

Boyland v. State, CA CR 00-1427 (Griffen, J.), affirmed September 26, 2001. [HTML, WP5.1]

Branch v. Luther, CA 01-16 (Pittman, J.), affirmed in part; reversed and remanded in part September 26, 2001. [HTML, WP5.1]

Burden v. Oyler, CA 01-188 (Neal, J.), affirmed September 26, 2001. [HTML, WP5.1]

Coggins v. Inmon, CA 01-39 (Griffen, J.), affirmed September 26, 2001. [HTML, WP5.1]

Cooper v. State, CA CR 01-240 (Jennings, J.), affirmed September 26, 2001. [HTML, WP5.1]

Darden v. Darden, CA 00-1481 (Crabtree, J.), reversed in part; affirmed in part September 26, 2001. [HTML, WP5.1]

Higgins v. State, CA CR 01-78 (Roaf, J.), affirmed September 26, 2001. [HTML, WP5.1]

Jones v. Jones, CA 01-56 (Baker, J.), affirmed September 26, 2001. [HTML, WP5.1]

Langley v. State, CA CR 00-868 (Bird, J.), affirmed September 26, 2001. [HTML, WP5.1]

Lantrip v. Keahey, CA 01-150 (Vaught, J.), appeal dismissed September 26, 2001. [HTML, WP5.1]

Layes v. Wal-Mart Stores, Inc., CA 00-1461 (Pittman, J.), affirmed September 26, 2001. [HTML, WP5.1]

Lindsey v. Arkansas Dep't of Human Servs., CA 01-134 (Hart, J.), affirmed September 26, 2001. [HTML, WP5.1]

Marshall v. Bassett Upholstery Div., CA 01-173 (Griffen, J.), affirmed September 26, 2001. [HTML, WP5.1]

Matthews v. Spencer, CA 00-766 (Bird, J.), Petition for Rehearing granted; see supplemental opinion September 26, 2001. [HTML, WP5.1]

MSI, Inc. v. Botello, CA 01-34 (Neal, J.), appeal dismissed September 26, 2001. [HTML, WP5.1]

Rabb v. State, CA CR 00-1010 (Vaught, J.), affirmed September 26, 2001. [HTML, WP5.1]

Renny's Bail Bond Co. v. State, CA 00-1069 (Pittman, J.), affirmed September 26, 2001. [HTML, WP5.1]

Richard v. State, CA CR 01-206 (Hart, J.), affirmed September 26, 2001. [HTML, WP5.1]

Thomas v. State, CA CR 00-643 (Per Curiam), Appellant's Motion to Supplement the Record is granted; rebriefing ordered September 26, 2001. [HTML, WP5.1]

Albertson v. Director of Labor, E 01-79, September 26, 2001.

Arnold v. Director of Labor, E 01-88, September 26, 2001.

Bridges v. Director of Labor, E 01-86, September 26, 2001.

Elliott v. Director of Labor, E 01-84, September 26, 2001.

Frazer v. Director of Labor, E 01-85, September 26, 2001.

Haigwood v. Director of Labor, E 01-82, September 26, 2001.

Hardin v. Director of Labor, E 01-80, September 26, 2001.

Hoover v. Director of Labor, E 01-89, September 26, 2001.

Marr v. Director of Labor, E 01-83, September 26, 2001.

Reams v. Director of Labor, E 01-90, September 26, 2001.

Smith v. Director of Labor, E 01-87, September 26, 2001.

Thomas v. Director of Labor, E 01-78, September 26, 2001.

JOHN MAUZY PITTMAN, JUDGE:

CA00-1069. Renny's Bail Bond Company v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Stroud, C.J., and Jennings, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1461. Geneva Layes v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Affirmed. Hart and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-16. John P. Branch v. Vexter F. Luther, from Sebastian Circuit, Fort Smith District. Affirmed in Part; Reversed and Remanded in Part. Roaf, J., agrees. Hart, J., concurs. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-1198. James Hoay v. State of Arkansas, from Clay Circuit. Reversed and Remanded. Roaf, J., agrees. Griffen and Vaught, JJ., concur separately. Stroud, C.J., and Crabtree, J., dissent. (7 PAGES + 2-PAGE CONCURRENCE + 4-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR01-206. Lewis Richard v. State of Arkansas, from Howard Circuit. Affirmed. Pittman and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-134. Sandra M. Lindsey v. Arkansas Department of Human Services, from Van Buren Chancery. Affirmed. Pittman and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

E00-295. John A. Magee v. Director, Arkansas Employment Security Department; and U.S. Agricultural, Inc., from Board of Review. Reversed and Remanded. Roaf, J., agrees. Pittman, J., concurs. (10 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-240. Antonio Bernard Vinson Cooper v. State of Arkansas, from Crittenden Circuit. Affirmed. Crabtree and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-842. Darlene Ford v. State of Arkansas, from Greene Circuit. Affirmed in Part; Reversed in Part. Bird and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1381. Tony Smith Trucking et al. v. Woods & Woods, Ltd., from Howard Circuit. Affirmed. Bird and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-868. Michelle Langley v. State of Arkansas, from White Circuit. Affirmed. Robbins and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-162. Tri-State Delta Chemicals, Inc. v. Michael Wilkison, from Monroe Chancery. Affirmed. Robbins and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-1427. Ashford T. Boyland v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. Stroud, C.J., agrees. Neal, J., concurs. (7 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA01-39. Mary Inmon Coggins v. David Inmon, Executor of the Estate of Fred Inmon, Deceased, from Pulaski Probate, Fourth Division. Affirmed. Stroud, C.J., and Neal, J., agree. (17 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-173. Mamie C. Marshall v. Bassett Upholstery Division and Liberty Mutual Insurance, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Neal, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1281. Phillip Kelley v. State of Arkansas, from Washington Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA01-34. MSI, Incorporated v. Herlinda Botello and MBS Corporation, Incorporated, from Benton Chancery. Appeal Dismissed. Stroud, C.J., and Griffen, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-188. Lonnie B. Burden v. Stephen L. Oyler, from Benton Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1010. Glen Edward Rabb v. State of Arkansas, from Ashley Circuit. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-150. Virginia Maxine Lantrip v. Jane Merle Keahey, from Miller Chancery. Appeal Dismissed. Robbins and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA00-1481. Rubin Darden v. Floye Darden, from Union Chancery. Reversed in part; Affirmed in Part. Jennings and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-4. John Geer v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings, J., and Hays, S.J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1482. Vurda Jones et al. v. Bethlehem Baptist Church, from Little River Chancery. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA01-56. Wanda Jones v. Charles Jones, from Montgomery Chancery. Affirmed. Jennings, J., and Hays, S.J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-78. Brian Dwight Higgins v. State of Arkansas, from St. Francis Circuit. Affirmed. Hart, J., agrees. Pittman, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-94. Harry A. Weymouth v. Johnny Lee Chism, from Johnson Circuit. Affirmed. Pittman and Hart, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA01-200. Beverly Clardy v. Medi-Homes LTC Services LLC and Union Pacific Insurance Company, from Workers' Compensation Commission. Affirmed. Hart, J., agrees. Pittman, J., concurs in the result. (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).

E01-78. Carolyn M. Thomas v. Director et al.

E01-79. Richard E. Albertson v. Director et al.

E01-80. Linda G. Hardin v. Director et al.

E01-82. Cathy M. Haigwood v. Director et al.

E01-83. Connie J. Marr v. Director et al.

E01-84. Warren L. Elliott v. Director et al.

E01-85. Madge E. Frazer v. Director et al.

E01-86. Patricia Bridges v. Director et al.

E01-87. Gregory D. Smith v. Director et al.

E01-88. Ruby D. Arnold v. Director et al.

E01-89. Harry G. Hoover v. Director et al.

E01-90. Brenda Reams v. Director et al.

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CA00-766. Ed Matthews et al. v. John Spencer et al., from Saline Chancery. See supplemental opinion this date. Pittman, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-643. Michael Lamont Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record is granted. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for transcript is denied. Motion accepted as points on appeal. Thirty days granted to file additional points on appeal. Griffen, J., would deny.

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

CACR01-509. Rosetta Marie Davis v. State of Arkansas, from Independence Circuit. Appellant's motion for additional time to file brief is granted. Stroud, C.J., and Vaught, J., would deny.

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

CACR01-832. Glenn Bell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record and for brief time is granted. Griffen, J., not participating.

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 is granted.

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 is denied.

CA01-378. Billy D. Greer v. Linda S. Greer, from Craighead Chancery, Western District. Joint motion for stay of brief time is granted. Brief to be filed within sixty days.

CA01-405. Everett Yarbrough et al. v. Cross Oil Refining, from Union Circuit. Appellant's motion for additional brief time is granted. Final extension. Roaf, J., would grant outright.

CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Chancery. Appellant's motion for additional brief time is granted. Griffen, J., would grant as final extension.

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

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 is granted. Brief deemed supplemented.

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

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

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 is granted.

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

PETITIONS FOR REHEARING:

CACR00-820. Ronald Owen v. State of Arkansas, from Craighead Circuit, Western District.

CACR00-1117. Eddie E. Wyatt, Jr. v. State of Arkansas, from Van Buren Circuit.

CACR00-1176. Ralph Edward Caldwell v. State of Arkansas, from Randolph Circuit.

CACR00-1324. John C. Studer v. State of Arkansas, from Hot Spring Circuit.

CA00-1226. Melba Laird v. Sandra Shelnutt, from Saline Probate.

*****************************

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

CACR00-1444. Hosea Lee Keys v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit. Appellant's pro se motion for extension of brief time.

CACR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Appellant's motion to amend brief and for brief time.

CACR01-518. Cynthia Brannon and Amanda Boren v. State of Arkansas, from Pope Circuit. Appellants' motion to supplement the record and for brief time.

CACR01-621. Leslie D. Alexander v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time.

CACR01-875. Paul A. Arsola v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to remand to correct the record.

CACR01-889. Gabriel Coker v. State of Arkansas, from Lonoke Circuit. Appellant's pro se motion for appointment of counsel.

CACR01-909. Anthony Lamar v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record and to stay brief time.

CACR01-976. John Hewitt, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and to stay brief time.

CA01-381. Tri-County Farmers, Inc. et al. v. Reverend Emmitt Larry et ux., from Lee Circuit. Motion of Scott G. Lauck to withdraw as counsel for appellants and to substitute David Landis as counsel.

CA01-767. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division. Appellant's motion for reconsideration of order dismissing appeal.

CA01-839. Wal-Mart Stores, Inc. v. Regions Bank Trust Department et al., from Garland Circuit. Appellant's motion to supplement the record.

CA01-948. Vicki White, Executrix v. Gary Davis, from Searcy Chancery. Appellant's motion to supplement the record.

CA01-975. Christy Honeycutt v. Donald Wilbur Fanning, from Sharp Circuit. Motion of Shirley E. Guntharp-Jones to withdraw as counsel for the appellant and to substitute Jim Tilley as counsel.

CA01-1000. Terry Hardage v. E-Z Mart Stores, Inc., from Workers' Compensation Commission. Appellant's pro se motion to proceed in forma pauperis.

CA01-366. Chili's of Jonesboro, Inc. v. Alcohol Beverage Control Division, from Craighead Circuit, Western District. Argued orally.

CA01-421. Libbey Memorial PMC, Inc. v. Odes Goodsell, from Pulaski Circuit, Third Division. Argued orally.

CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit.

CACR00-1263. Sheldon Radrice Lamb v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1301. Tommy Paul Lemons v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1356. Scharel Ann Burley v. State of Arkansas, from Washington Circuit.

CACR01-55. Nikita Floyd v. State of Arkansas, from Crittenden Circuit.

CACR01-65. James Briggs v. State of Arkansas, from Faulkner Circuit.

CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR01-145. Keith A. King v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-179. Steven T. Higgins v. State of Arkansas, from Craighead Circuit, Western District.

CA01-64. Duke Wholesale, Inc. v. Sharon L. Pitchford et al., from Saline Circuit.

CA01-76. Gene W. McWhorter v. Bernice McWhorter, from Phillips Chancery.

CA01-111. Robert Murphy et al. v. David M. Dumas et ux., from Union Chancery.

CA01-182. Ruby Jo Bellis v. Edward A. Bellis, III, from Crawford Circuit.

CA01-223. Benny Ray Randles, Executor v. Danny Berry et ux., from Madison Chancery.

CA01-238. State of Arkansas Office of Child Support Enforcement v. Christopher Willis, from Hempstead Chancery.

CA01-248. Janice Clark v. Chester L. Wetzel, from Pope Probate.

CA01-253. Harold D. White v. Office of Child Support Enforcement, from Benton Chancery.

CA01-282. Steve Koscenski et ux. v. Bob Harrison et ux., from Conway Chancery.

CA01-301. Sheri Lynn Cromwell Collins v. Alton Tarrant Cromwell, Jr., from White Chancery.

CA01-362. Washington Regional Medical Center et al. v. Janice Smith, from Workers' Compensation Commission.

CA01-402. Wal-Mart Stores, Inc. v. Betty Yates, from Workers' Compensation Commission.

CA01-485. Highland Resources, Inc. et al. v. Gary D. Walker, from Workers' Compensation Commission.

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

E00-244. John L. Reeves v. Director et al.

E01-105. Elizabeth M. Johnson v. Director et al.

E01-106. Daniel Chris Griffin v. Director et al.

E01-107. Sonya M. Higgins v. Director et al.

E01-109. Chris N. Tucker v. Director et al.

E01-110. James C. Katke v. Director et al.

E01-111. Kevin Trimble v. Director et al.

E01-112. Patricia A. Crossno v. Director et al.

E01-113. Wanda D. Worstell v. Director et al.

E01-114. Shirley A. Youngblood v. Director et al.

E01-115. Lane Davis Taylor v. Director et al.

E01-116. Pearl Winston v. Director et al.