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

Opinions delivered
October 17, 2001


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Chili's of Jonesboro, Inc., v. State (Bird, J.) CA01-366

Intoxicating liquors -- Purpose for private club insufficient; evidence failed to establish that private club would engage in charitable activities; qualified purpose within meaning of statute not proven; mere compliance with mandate that club be nonprofit corporation did not diminish Board's discretion to make such determination; Board's decision supported by substantial evidence. [HTML, WP5.1]

Washington Reg. Med. Ctr. Mngmt. Servs., Inc. v. Smith (Baker, J.) CA01-362

Workers' compensation -- Occupational disease; insufficient evidence to support apportionment of liability; reversed & remanded for findings as to where appellee was "last injuriously exposed" to latex. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Clark v. Wetzel, CA 01-248 (Stroud, C.J.), affirmed October 17, 2001. [HTML, WP5.1]

Johnson v. State, CA CR 00-815 (Griffen, J.), affirmed October 17, 2001. [HTML, WP5.1]

Koscenski v. Harrison, CA 01-282 (Hays, S.J.), affirmed October 17, 2001. [HTML, WP5.1] Substituted opinion upon denial of rehearing delivered November 14, 2001. 

Lemons v. State, CA CR 00-1301 (Neal, J.), affirmed October 17, 2001. [HTML, WP5.1]

Libbey Memorial PMC, Inc. v. Goodsell, CA 01-421 (Griffen, J.), affirmed October 17, 2001. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Hayden, CA 01-539 (Robbins, J.), affirmed October 17, 2001. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Yates, CA 01-402 (Roaf, J.), affirmed October 17, 2001. [HTML, WP5.1]


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-248. Janice Clark v. Chester L. Wetzel, from Pope Probate. Affirmed. Hart and Jennings, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-539. Wal-Mart Stores, Inc. v. Harold Hayden, from Workers' Compensation Commission. Affirmed. Baker and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-366. Chili's of Jonesboro, Inc., North Hills Hillbillies, Inc. d/b/a Outback Steakhouse of Jonesboro, Inc. v. State of Arkansas Alcohol Beverage Control Division, from Craighead Circuit. Affirmed. Griffen, J., and Hays, S.J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Affirmed. Bird, J., and Hays, S.J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-421. Libbey Memorial PMC, Inc. d/b/a Hot Springs Health Spa, Inc. v. Odes Goodsell, from Pulaski Circuit. Affirmed. Bird, J., and Hays, S.J., agree. (17 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1301. Tommy Paul Lemons v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-362. Washington Regional Medical Center Management Services, Inc., Northwest Arkansas Rehabilitation Hospital, HealthSouth Corporation, Cigna Insurance Company v. Janice Smith, from Worker's Compensation Commission. Reversed and Remanded. Robbins and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA01-402. Wal-Mart Stores, Inc. v. Betty Yates, from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

STEELE HAYS, SPECIAL JUDGE:

CA01-282. Steve Koscenski and Carole Koscenski v. Bob Harrison and June Harrison, from Conway Chancery. Affirmed. Bird and Griffen, JJ., agree. [HTML, WP5.1] Substituted opinion upon denial of rehearing delivered November 14, 2001. (8 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR00-602. Sarah O'Neal v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-1187. Sherman Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA00-331. Louanne Parker v. John Matthew Parker, from Craighead Chancery, Western District.

CA01-35. Suzanne Greenhaw Hargis et al. v. Agronomics Limited Partnership et al., from Jackson Chancery.

CA01-79. Doyle Taylor (Deceased) v. Lubritech, from Workers' Compensation Commission.

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CACR00-704. Danny Lee Ragsdale v. State of Arkansas, from Greene Circuit. Appellant's motion for belated return of writ of certiorari and to supplement abstract.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Second motion of Phillip A. McGough for attorney's fees and motion to be relieved as counsel for appellant.

CACR00-976. Jessie James Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of John C. Stratford for attorney's fees.

CACR00-1299. Senequa Chatt v. State of Arkansas, from Crittenden Circuit. Motion of Jan Thornton for attorney's fees.

CACR00-1313. Joseph A. Stocks v. State of Arkansas, from White Circuit. Motion of Jim Petty for attorney's fees.

CACR01-62. Michael Chatt v. State of Arkansas, from Crittenden Circuit. Motion of Tammy L. Harris for attorney's fees.

CACR01-63. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Horace A. Walker for attorney's fees.

CACR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Appellant's second petition for writ of certiorari to complete the record and for brief time.

CACR01-292. Majado Manley v. State of Arkansas, from Ouachita Circuit. Motion of Terry Goodwin Jones for attorney's fees.

CACR01-500. Lawayne Natt v. State of Arkansas, from Garland Circuit. Motion of James R. Gowen, Jr., for attorney's fees.

CACR01-542. Jimmie Housley v. State of Arkansas, from Marion Circuit. Appellant's motion for additional brief time.

CACR01-564. Demetrius Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for transcript for Rule 37 proceedings.

CACR01-635. Cleveland Wright v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record.

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

CACR01-890. James Fountain v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of James Fountain to dismiss appeal and cross-appeal.

CACR01-1044. Sharon Whitaker v. State of Arkansas, from Polk Circuit. Appellant's motion to supplement the record and for brief time.

CA00-850. Cheryl Paslay v. Arkansas Department of Human Services, from White Chancery. Motion of Jim Petty for attorney's fees.

CA00-1182. Sharrion Barnes v. Alma School District, from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA00-1328. John Fitton v. Susan Fitton, from Pulaski Chancery, Fifth Division. Appellant's motion for attorney's fees and costs.

CA00-1389. Regina Hislip v. Helena/West Helena Schools, from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA00-1433. Green Machine Corporation v. Allen Engineering Corporation, from Greene Circuit. Appellee's motion for attorney's fees.

CA01-130. Cabot Manor Nursing Home v. Sheila Strayhorn, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA01-308. Richard Henley et al. v. Leon Britton et al., from Faulkner Chancery. Appellants' motion to file belated reply brief and for additional time.

CA01-556. Robert P. Goodman et al. v. Ellis W. Maness et al., from Lafayette Circuit. Appellees' motion to file belated brief.

CA01-556. Robert P. Goodman et al. v. Ellis W. Maness et al., from Lafayette Circuit. Appellees' motion to reinstate cross appeal.

CA01-567. Diane Louise Jones (Davidson) v. Charles David Jones, from Washington Chancery. Appellant's motion for additional brief time.

CA01-598. HRR Arkansas, Inc. v. Rivercity Contractors, Inc. et al., from Pulaski Chancery, Fourth Division. Appellant's motion for additional brief time.

CA01-645. Cecil W. Smith v. Alcoa, from Workers' Compensation Commission. Appellant's motion for additional time to correct abstracted exhibits.

CA01-656. John H. Cook v. Alcoa, from Workers' Compensation Commission. Appellant's motion for additional time to correct abstracted exhibits.

CA01-658. Tonnie Norton v. Pulaski County Industrial Development Corporation, from Pulaski Circuit, Third Division. Appellant's motion to remand to settle the record and to stay brief time.

CA01-715. Randall Hartford v. National Linen Service, from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA01-869. City of Siloam Springs et al. v. Benton County, Arkansas et al., from Benton Circuit. Motion of appellant, City of Siloam Springs, Arkansas, to file belated brief.

CA01-916. Arkansas Blue Cross and Blue Shield v. Ollie Hicks, from Monroe Chancery. Appellant's motion to supplement the record.

CA01-978. Kenneth Arnold et al. v. Stanley LeBlanc et al., from Pulaski Chancery, First Division. Motion of Tona M. DeMers to be relieved as counsel for appellants.

CA01-1023. Christy Reeves v. Arkansas Department of Human Services, from Poinsett Chancery. Motion of Jennifer E. Weaver to be substituted as counsel for appellant.

CA01-1023. Christy Reeves v. Arkansas Department of Human Services, from Poinsett Chancery. Appellant's petition for writ of certiorari to complete the record and for additional brief time.