Opinions delivered
October 10, 2001
Bellis v. Bellis (Jennings, J.) CA01-182
Gifts -- Inter vivos; trial court's decision that parties' father had made gift of music box to appellee was not clearly erroneous. [HTML, WP5.1]
Duke Wholesale, Inc. v. Pitchford (Neal, J.) CA01-64
Secured Transactions -- Appellant retained certificate of title as security for payment of purchase price; appellant had purchase money security interest in car; appellee as buyer in ordinary course of business took car free of appellant's security interest; appellee bank had priority over appellant's security interest and was entitle to title. [HTML, WP5.1]
Emerson Elec. v. Gaston (Baker, J.) CA01-136
Workers' compensation -- Commission was correct in conclusion regarding objective chemical data; fifty-percent wage-loss award supported by substantial evidence finding that appellee was not permanently totally disabled supported by substantial evidence. [HTML, WP5.1]
Narup v. Narup (Griffen, J.) CA00-1234
Courts -- Order clarified decree with respect to earlier ruling; chancellor acted within his jurisdiction; appellant did not seek to modify or correct temporary order in timely fashion; issue not preserved for appellate review. [HTML, WP5.1]
Hill v. Baptist Med. Ctr. (Robbins, J.) CA00-1177
Workers' compensation -- Reasonable and necessary medical treatment; no substantial evidence that surgery was not reasonably necessary; award of additional temporary total disability benefits to be resolved on remand. [HTML, WP5.1]
Wal-Mart Stores, Inc. v. Stotts (Crabtree, J.) CA00-1468
Workers' compensation -- Commission found that appellee presented medical evidence supported by objective findings; Commission's finding supported by substantial evidence; causal connection clearly established; no violation of appellant's constitutional rights found; Commission affirmed. [HTML, WP5.1]
C.D. v. State, CA 01-205 (Pittman, J.), affirmed October 10, 2001. [HTML, WP5.1]
Coker v. State, CA CR 01-889 (Per Curiam), Appellant's Pro Se Motion for Appointment of Counsel granted October 10, 2001. [HTML, WP5.1]
Floyd v. State, CA CR 01-55 (Hays, S.J.), affirmed October 10, 2001. [HTML, WP5.1]
Givens v. State, CA CR 01-104 (Hart, J.), rebriefing ordered October 10, 2001. [HTML, WP5.1]
Higgins v. State, CA CR 01-179 (Robbins, J.), affirmed October 10, 2001. [HTML, WP5.1]
Lamb v. State, CA CR 00-1263 (Stroud, C.J.), affirmed October 10, 2001. [HTML, WP5.1]
Moss v. International Paper Co., CA 01-114 (Roaf, J.), affirmed October 10, 2001. [HTML, WP5.1]
Murphy v. Dumas, CA 01-111 (Roaf, J.), affirmed October 10, 2001. [HTML, WP5.1]
Sikes v. State, CA CR 01-236 (Pittman, J.), affirmed October 10, 2001. [HTML, WP5.1]
Watson v. State, CA CR 00-883 (Griffen, J.), affirmed October 10, 2001. [HTML, WP5.1]
White v. Office of Child Supp. Enfcm't, CA 01-253 (Vaught, J.), affirmed October 10, 2001. [HTML, WP5.1]
Crossno v. Director of Labor, E 01-112, October 10, 2001.
Griffin v. Director of Labor, E 01-106, October 10, 2001.
Higgins v. Director of Labor, E 01-107, October 10, 2001.
Johnson v. Director of Labor, E 01-105, October 10, 2001.
Katke v. Director of Labor, E 01-110, October 10, 2001.
Reeves v. Director of Labor, E 00-244, October 10, 2001.
Taylor v. Director of Labor, E 01-115, October 10, 2001.
Trimble v. Director of Labor, E 01-111, October 10, 2001.
Tucker v. Director of Labor, E 01-109, October 10, 2001.
Winston v. Director of Labor, E 01-116, October 10, 2001.
Worstell v. Director of Labor, E 01-113, October 10, 2001.
Youngblood v. Director of Labor, E 01-114, October 10, 2001.
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR00-1263. Sheldon Radrice Lamb v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hart and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR01-236. Matthew Sikes v. State of Arkansas, from Faulkner Circuit. Affirmed. Neal and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-205. C.D., a Juvenile v. State of Arkansas, from Garland Chancery. Affirmed. Hart and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit. Rebriefing Ordered. Stroud, C.J., and Jennings, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA01-182. Ruby Jo Bellis v. Edward A. Bellis, from Crawford Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR01-179. Steven T. Higgins v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Baker and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR00-883. Samuel J. Watson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Bird, J., and Hays, S.J., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-1234. James L. Narup v. Linda Leann Narup, from Pulaski Chancery. Affirmed. Stroud, C.J., and Neal, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CA01-64. Duke Wholesale, Inc. v. Sharon L. Pitchford and Compass Bank, from Saline Chancery. Affirmed in Part; Reversed in Part. Pittman and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA01-253. Harold D. White v. Office of Child Support Enforcement and Laura I. Hogan, from Benton Chancery. Affirmed. Pittman and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA01-136. Emerson Electric v. Vera A. Gaston, from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA01-111. Robert Murphy and Cathy Murphy et al. v. David M. Dumas and Donni S. Dumas, from Union Chancery. Affirmed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-114. James Moss v. International Paper Company, from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
STEELE HAYS, SPECIAL JUDGE:
CACR01-55. Nikita Floyd v. State of Arkansas, from Crittenden Circuit. Affirmed. Bird and Griffen, JJ., agree. (2 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).
E00-244. John L. Reeves v. Director et al.
E01-105. Elizabeth 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.
REHEARING GRANTED: Petition for Rehearing was granted today in the following case.
CA00-1177. Sheila Hill v. Baptist Medical Center, from Workers' Compensation Commission. See substituted opinion this date. Pittman, J., dissents. (10 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
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REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR00-1117. Eddie E. Wyatt, Jr. v. State of Arkansas, from Van Buren Circuit.
CACR00-1122. John Henry Rhodes, Jr. v. State of Arkansas, from Van Buren Circuit.
CA00-1468. Wal-Mart Stores, Inc. et al. v. Judy Stotts, from Workers' Compensation Commission. See substituted opinion this date. Pittman, J., dissents. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
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 is granted. Case ready for submission.
CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of new counsel is denied.
CACR00-881. Charles Ray Bolton v. State of Arkansas, from Greene Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $1,000.00.
CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion to reinstate appeal bond. Motion remanded to trial court for consideration.
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 is denied.
CACR00-1379. Stacey Lamont Stepps v. State of Arkansas, from Lonoke Circuit. Motion of John L. Kearney for attorney's fees is granted. Allowed $1,000.00.
CACR01-215. James Andrew Taylor v. State of Arkansas, from Hempstead Circuit. Appellant's motion for additional brief time is granted for forty-five days. Robbins and Griffen, JJ., would deny.
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 is granted. Allowed $1,000.00.
CACR01-889. Gabriel Coker v. State of Arkansas, from Lonoke Circuit. Appellant's pro se motion for appointment of counsel is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR01-1024. Carl Elbert Johnson v. State of Arkansas, from Fulton Circuit. Motion of W. Ray Nickle to be substituted as counsel for appellant is granted.
CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion to expedite appeal is granted.
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 is granted.
CA01-365. Billie Tripp Nelson v. C.L. Miller, Administrator, from Stone Chancery. Appellee's motion for additional brief time is granted.
CA01-536. Charles Conn, Sr. v. Arkansas Department of Human Services, from Pope Chancery. Appellant's motion to file belated brief is granted.
CA01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Appellant's motion to file enlarged brief is denied without prejudice.
CA00-1266. Southwestern Glass Company , Inc. v. Waelder Oil and Gas, Inc. et al., from Crawford Circuit. Argued orally.
CA01-358. Northeast Arkansas Internal Medicine Clinic, P.A. v. Jason Casey, M.D., from Craighead Circuit, Western District. Argued orally.
CACR00-285. Eddie David Swanigan v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR00-1265. Jimmy Dale Morgan v. State of Arkansas, from Pike Circuit.
CACR00-1316. Gregory Deon Smith v. State of Arkansas, from Desha Circuit, Arkansas City District.
CACR00-1474. Jevon Cornell Jackson v. State of Arkansas, from Crittenden Circuit.
CACR01-176. Willie Britton v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR01-193. Steven Lee Baker v. State of Arkansas, from Washington Circuit.
CACR01-239. Bryant M. Flores v. State of Arkansas, from Garland Circuit.
CACR01-255. Hal Franklin Jones v. State of Arkansas, from Saline Circuit.
CACR01-264. David Brown v. State of Arkansas, from Pope Circuit.
CACR01-281. Norris Robinson v. State of Arkansas, from Jackson Circuit.
CACR01-292. Majado Manley v. State of Arkansas, from Ouachita Circuit.
CACR01-500. Lawayne Dennard Natt v. State of Arkansas, from Garland Circuit.
CA00-1459. City of Marion et al. v. Guaranty Loan and Real Estate Company et al., from Crittenden Circuit.
CA01-128. Lori Osborne v. Lloyd V. Benefield, from Washington Chancery.
CA01-129. James Patrick Manning v. State of Arkansas, from Pulaski Probate, Ninth Division.
CA01-307. Renita Kay Lisenby v. Joe R. Lisenby, from Little River Chancery.
CA01-311. General Electric Company v. Lila Gilbert, from Craighead Circuit, Eastern District.
CA01-382. Joe Lynn Edwards et al. v. James J. Dickey, Sr. et al., from Garland Chancery.
CA01-489. Virginia C. Reed d/b/a Western Heritage Auction v. Daren Ward, from Washington Circuit.
E00-167. Superior Senior Care, Inc. v. Director et al., from Board of Review.
E00-193. Thomas H. McCracken v. Director et al., from Board of Review.
E01-6. Harold Walls v. Director et al., from Board of Review.