Auger Timber Co. v. Jiles (Griffen, J.) CA01-304

Evidence -- Expert testimony; trial court did not abuse discretion in excluding; no abuse of discretion in exclusion of evidence concerning price appellant paid for land two years before wrongful cutting; damage award based on appraisal by expert; verdict did not shock conscience of court. [HTML, WP5.1]

Ellis v. Ellis (Bird, J.) CA01-284

Divorce -- Alimony; award to appellee not abuse of discretion where evidence was sufficient to show appellee's financial need & appellant's ability to pay; chancellor did not err in unequally dividing debt due to income disparity & parties' ability to pay. [HTML, WP5.1]

Hobbs v. Hobbs (Griffen, J.) CA01-13

Parent & child -- Joint custody; chancellor's finding that circumstances warranted was clearly erroneous; reversed & remanded for further action based on child's best interest. [HTML, WP5.1]

Jaraki v. Cardiology Assocs. of N.E. Ark., P.A. (Vaught, J.) CA01-309

Covenants -- Covenants not to compete; appellee more broadly limited appellant from practicing medicine than was reasonably necessary; injunctive order reversed where covenant was unenforceable. [HTML, WP5.1]

Laird v. Shelnutt (Neal, J.) CA01-207

Judgment -- Summary judgment; transcripts may be considered in summary-judgment proceedings; probate transcripts properly relied upon by trial court; grant of summary judgment proper. [HTML, WP5.1]

Towery v. Hi-Speed Elec. Co. (Robbins, J.) CA01-195

Workers' compensation -- Commission's decision displayed substantial basis for finding that appellant failed to prove causal connection between appellant's disc herniation & accident; Commission affirmed. [HTML, WP5.1]

Weir v. Phillips (Crabtree, J.) CA00-1451

Family law -- Award of child support; chancellor deviated from child-support chart without articulating reasons for doing so in writing; reversed & remanded for specific articulation of reasons; chancellor erred by excluding use of company truck as income for child-support purposes. [HTML, WP5.1]

Hughes v. State (Bird, J.) CACR00-748

See 74 Ark. App. 126 (2001). [HTML, WP5.1]

Burrell v. State, CA 01-325 (Jennings, J.), affirmed October 3, 2001. [HTML, WP5.1]

Cunningham v. Crites, CA 01-185 (Hart, J.), affirmed October 3, 2001. [HTML, WP5.1]

Director v. Logue, CA 01-334 (Robbins, J.), reversed October 3, 2001. [HTML, WP5.1]

Douglas v. Estate of Macheak, CA 01-137 (Jennings, J.), affirmed October 3, 2001. [HTML, WP5.1]

Hattenhauer v. Cochran, CA 00-1050 (Stroud, C.J.), affirmed October 3, 2001. [HTML, WP5.1]

Hayes v. Arkansas Employment Sec. Dep't Pub. Employee Claims Div., CA 00-1404 (Vaught, J.), reversed and remanded October 3, 2001. [HTML, WP5.1]

Henley v. Henley, CA 00-1434 (Baker, J.), affirmed October 3, 2001. [HTML, WP5.1]

Howard v. State, CA CR 00-976 (Jennings, J.), reversed and dismissed October 3, 2001. [HTML, WP5.1]

Norman v. State, CA CR 00-1462 (Baker, J.), affirmed October 3, 2001. [HTML, WP5.1]

Pemberton v. State, CA CR 00-639 (Pittman, J.), affirmed October 3, 2001. [HTML, WP5.1]

Stephens v. Marsh, CA 01-537 (Roaf, J.), affirmed October 3, 2001. [HTML, WP5.1]

Suarez v. State, CA CR 00-882 (Bird, J.), affirmed October 3, 2001. [HTML, WP5.1]

Beasley v. Director of Labor, E 01-101, October 3, 2001.

Brumley v. Director of Labor, E 01-97, October 3, 2001.

Chapman v. Director of Labor, E 01-92, October 3, 2001.

Hollingsworth v. Director of Labor, E 01-104, October 3, 2001.

Honeycutt v. Director of Labor, E 01-95, October 3, 2001.

Langley v. Director of Labor, E 01-98, October 3, 2001.

Manning v. Director of Labor, E 01-103, October 3, 2001.

Simmons v. Director of Labor, E 01-93, October 3, 2001.

Smith, Dorothy v. Director of Labor, E 01-100, October 3, 2001.

Smith, Melanie J. v. Director of Labor, E 01-102, October 3, 2001.

Underwood v. Director of Labor, E 01-91, October 3, 2001.

Vaughn v. Director of Labor, E 01-96, October 3, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA00-1050. Margaret Hattenhauer et al. v. Johnny Cochran et al., from Randolph Probate. Affirmed. Hart and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-639. Johnny Pemberton v. State of Arkansas, from Drew Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-185. Ronald Cunningham and Willie May Cunningham v. J. M. Crites, from Pulaski Circuit, Third Division. Affirmed. Stroud, C.J., and Jennings, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-976. Jesse James Howard v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Crabtree and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-325. Lamar Burrell v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-137. Lois Ruby Douglas v. Estate of A. C. Macheak, Deceased, from Baxter Probate. Affirmed. Baker, J., and Hays, S.J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-195. Paul Towery v. Hi-Speed Electrical Company, from Workers' Compensation Commission. Affirmed. Baker and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA01-334. Director, Division of Child Care and Early Childhood Education, Department of Human Services v. Jackie Logue, from Washington Circuit. Reversed. Baker and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit. Affirmed. Griffen, J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-284. Randy Ellis v. Linda Lee Ellis, from Union Chancery. Affirmed. Griffen, J., and Hays, S.J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-13. Heather Marie Hobbs v. Tad Oliver Hobbs, from Union Chancery. Reversed and Remanded. Neal, J., agrees. Stroud, C.J., concurs. (8 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA01-304. Auger Timber Company, Inc. v. Stan Jiles, from Union Circuit. Affirmed. Bird, J., and Hays, S.J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery. Affirmed. Pittman and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA00-1404. Jerry L. Hayes v. Arkansas Employment Security Department Public Employee Claims Division, from Workers' Compensation Commission. Reversed and Remanded. Pittman and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-309. Omar Jaraki, M.D. v. Cardiology Associates of Northeast Arkansas, P.A., from Craighead Chancery. Reversed and Remanded. Pittman and Neal, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA00-1451. Peggy D. Phillips Weir v. John Field Phillips, III, from Lawrence Chancery. Reversed and Remanded. Jennings and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1462. Bill S. Norman v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1434. Rhonda Gay Henley v. Alan Wade Henley, from Washington Chancery. Affirmed. Robbins and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA01-537. Jerry D. Stephens, Jr. v. Tina L. Stephens Marsh, from White Chancery. Affirmed. Robbins and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [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).

E01-91. 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 J. Smith v. Director et al.

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

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

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

CACR00-748. Robert Hughes v. State of Arkansas, from Greene Circuit. Griffen, Neal, Vaught, and Roaf, JJ., would deny. Bird, J., concurs. Pittman, J., would grant. (2-PAGE CONCURRENCE ONLY PUBLISHED) [HTML, WP5.1]

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. Neal, J., not participating.

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

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CACR00-882. Manuel Suarez, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $900.00.

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

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit. Appellant's pro se motion for extension of brief time is granted. Appellant given thirty days to file points for reversal. See Rule 4-3(j)(2). Motion for transcript is denied.

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

CACR01-518. Cynthia Brannon and Amanda Boren v. State of Arkansas, from Pope Circuit. Appellants' motion to supplement the record and for brief time is remanded to the trial court to settle the record within thirty days. Brief due in sixty days.

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

CACR01-875. Paul A. Arsola v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement record is granted; due in thirty days.

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 is granted.

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

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery. Appellee's motion for attorney's fees and costs is granted. Allowed $1,500.00. See opinion this date. Costs to be assessed on mandate.

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 is granted.

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 is denied. Neal and Roaf, JJ., would grant.

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

CA01-948. Vicki White, Executrix v. Gary Davis, from Searcy Chancery. Appellant's motion to supplement the record is granted. Record deemed supplemented. Baker, J., not participating.

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 is granted.

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

PETITIONS FOR REHEARING:

CACR00-1122. John Henry Rhodes, Jr. v. State of Arkansas, from Van Buren Circuit.

E01-64. Robin J. Hadden v. Director et al., from Board of Review.

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CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record.

CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of new counsel.

CACR00-881. Charles Ray Bolton v. State of Arkansas, from Greene Circuit. Motion of Gregg A. Knutson for attorney's fees.

CACR00-1042. LaJoyya A. Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to file belated reply brief and for transcript.

CACR00-1379. Stacey Lamont Stepps v. State of Arkansas, from Lonoke Circuit. Motion of John L. Kearney for attorney's fees.

CACR01-215. James Andrew Taylor v. State of Arkansas, from Hempstead Circuit. Appellant's motion for additional brief time.

CACR01-240. Antonio Bernard Vinson Cooper v. State of Arkansas, from Crittenden Circuit. Motion of Phillip A. McGough for attorney's fees and costs and to be relieved as counsel for appellant.

CACR01-425. Derrick Walls v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of William O. "Bill" James, Jr. for attorney's fees.

CACR01-729. State of Arkansas v. Eric G. Holmes, from Pulaski Circuit, First Division. Appellant's motion to proceed under amended Rules of the Supreme Court and Court of Appeals.

CACR01-1024. Carl Elbert Johnson v. State of Arkansas, from Fulton Circuit. Motion of W. Ray Nickle to be substituted as counsel for appellant.

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion to expedite appeal.

CA01-354. Clovis McHalffey d/b/a McHalffey Farms v. Nationwide Mutual Fire Insurance Company, from Poinsett Circuit. Motion of Scott G. Lauck for substitution of counsel and to withdraw as counsel for appellant.

CA01-365. Billie Tripp Nelson v. C.L. Miller, Administrator, from Stone Chancery. Appellee's motion for additional brief time.

CA01-536. Charles Conn, Sr. v. Arkansas Department of Human Services, from Pope Chancery. Appellant's motion to file belated brief.

CA01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Appellant's motion to file enlarged brief.

CACR00-401. Sheri Lynn Langston v. State of Arkansas, from Union Circuit. Argued orally.

CA00-1428. Keith Cook and Glenna Hudson v. River Valley Land, Inc., from Pulaski Circuit, Fifth Division. Argued orally.

CACR00-1104. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit.

CACR00-1312. Gary Leland Tucker v. State of Arkansas, from Union Circuit.

CACR00-1338. Anthony Stephens v. State of Arkansas, from Lonoke Circuit.

CACR00-1406. Charles E. Johnson v. State of Arkansas, from Ouachita Circuit.

CACR00-1415. Robert Izell, Jr. v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR01-41. Ray Willie Sawyer v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-43. Mark Alan Dodson v. State of Arkansas, from Crawford Circuit.

CACR01-108. Michael Jay Glenn v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-153. Karl Kohler v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-189. Richard Marion Hamm v. State of Arkansas, from Ashley Circuit.

CACR01-218. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District.

CA00-1414. Dowe Marshall et ux. v. Peter Laughlin, from Yell Chancery, Northern District.

CA01-138. Patricia Ruble v. Arkansas Department of Human Services, from Van Buren Chancery.

CA01-149. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division.

CA01-232. Michael Paine et ux. v. Timothy Walker et ux., from Carroll Chancery, Eastern District.

CA01-275. Terri Scott Shroyer (now Corey) v. Paul David Kauffman, from Sharp Chancery.

CA01-310. Jerry D. Hensley v. A.I.D. Temporary Services, Inc. et al., from Workers' Compensation Commission.

CA01-359. Hawks Enterprises, Inc. v. Phillip Andrews, from Saline Circuit.

CA01-363. Jim Pentz et ux. v. Al Romine et ux., from Washington Circuit.

CA01-407. Hope Elizabeth Lynch v. Arkansas Department of Human Services, from Benton Chancery.

CA01-424. Liberty Mutual Insurance Company v. Randall Chambers, from Workers' Compensation Commission.

CA01-448. Liza Michelle Gerot v. Paul Alan Gerot, from Pope Chancery.

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

E01-118. Hazel M. Bean v. Director et al.

E01-119. Tina R. Frazier v. Director et al.

E01-120. Trina D. Schweitzer v. Director et al.

E01-122. Gerardo Perez v. Director et al.

E01-123. Dana L. Courtney v. Director et al.

E01-124. Majorie E. Layes v. Director et al.

E01-125. Addie Biddle v. Director et al.

E01-126. Walter E. Pierce v. Director et al.

E01-127. Cynthia L. Robinson v. Director et al.

E01-130. Levetta M. Vanwinkle v. Director et al.

E01-131. Larry C. Snowden v. Director et al.

E01-132. Donesia R. Hall v. Director et al.