City of Marion v. Guaranty Loan & Real Estate Co. (Baker, J.) CA00-1459

Municipal corporations -- Appellants failed to prove prejudice resulted from allowing amended petition that added additional landowners' signatures; trial court did not err in ruling that Ark. Code Ann. § 14-40-603 was not violated where property description in three maps differed but that in petition remained the same; decision that annexation was right & proper was not clearly erroneous where reasonableness standard was met & five requirements were satisfied. [HTML, WP5.1]

Conner v. State (Bird, J.) CACR01-387

Criminal law -- Physical injury; proof sufficient to show that victim was physically injured by appellant; third-degree domestic-battery conviction affirmed. [HTML, WP5.1]

Cross County Sch. Dist. v. Spencer (Crabtree, J.) CA00-1304

Schools & school districts -- School board did not abuse discretion in expelling student; trial court's improper substitution of its own judgment for that of board reversed. [HTML, WP5.1]

Flores v. State (Hart, J.) CACR01-239

Evidence -- Medical-statement exception to hearsay rule; hearsay not reasonable pertinent to diagnosis or treatment; hearsay should not have been admitted; hearsay disclosing identity of family member who abused child; guarantees of trustworthiness not present; reversed & remanded. [HTML, WP5.1]

Hice v. City of Fort Smith (Robbins, J.) CA01-435

Master & servant -- Employment at will; trial court did not err in granting summary judgment where employer was not required to have good cause to terminate employment; claim of unreasonable search & seizure rejected; termination not motivated by unlawful reason or purpose. [HTML, WP5.1]

King v. State (Jennings, J.) CACR01-145

Criminal law -- Arrest warrant; fingerprints constituted probable cause for issuance; suspect who has given voluntary but unwarned statement; subsequent administration of Miranda warnings were sufficient to remove conditions that precluded admission of earlier statement. [HTML, WP5.1]

Southerland v. Southerland (Stroud, C.J.) CA01-492

Divorce -- Marital property; trial court correctly found that stock-option agreement was not bonus for child-support purposes. [HTML, WP5.1]

Word v. Remick (Pittman, J.) CA01-148

Parent & child -- Custody modification; cooperation lacking for joint custody; sufficient evidence existed from which chancellor could have found change in circumstances affecting children's best interest; award of custody affirmed. [HTML, WP5.1]

Brown v. General Med. Corp., CA 01-20 (Crabtree, J.), affirmed November 7, 2001. [HTML, WP5.1]

Burnett v. State, CA CR 01-525 (Neal, J.), affirmed November 7, 2001. [HTML, WP5.1]

Doyle v. State, CA CR 01-367 (Robbins, J.), remanded for supplementation of record, reabstracting and rebriefing November 7, 2001. [HTML, WP5.1]

Hobbs v. State, CA 01-578 (Vaught, J.), affirmed as modified November 7, 2001. [HTML, WP5.1]

Jackson v. State, CA CR 00-1474 (Baker, J.), affirmed November 7, 2001. [HTML, WP5.1]

King v. State, CA CR 01-142 (Roaf, J.), affirmed November 7, 2001. [HTML, WP5.1]

McCurdy v. McCurdy, CA 01-397 (Hart, J.), appeal dismissed November 7, 2001. [HTML, WP5.1]

Nelson v. State, CA CR 00-1291 (Crabtree, J.), affirmed November 7, 2001. [HTML, WP5.1]

Price v. State, CA CR 01-480 (Stroud, C.J.), affirmed November 7, 2001. [HTML, WP5.1]

Rhoads v. Lacy, CA 01-58 (Baker, J.), affirmed November 7, 2001. [HTML, WP5.1]

Rice v. Rice, CA 00-633 (Vaught, J.), affirmed on appeal; reversed on cross-appeal November 7, 2001. [HTML, WP5.1]

Southwestern Glass Co., v. Waelder Oil & Gas, Inc., CA 00-1266 (Vaught, J.), affirmed November 7, 2001. [HTML, WP5.1]

Technical Hydraulics v. Socwell, CA 01-574 (Neal, J.), affirmed November 7, 2001. [HTML, WP5.1]

Ames v. Director of Labor, E 01-144, November 7, 2001.

Biddle v. Director of Labor, E 01-133, November 7, 2001.

Clements v. Director of Labor, E 01-140, November 7, 2001.

Halls v. Director of Labor, E 01-134, November 7, 2001.

Hornback v. Director of Labor, E 01-139, November 7, 2001.

Nellum v. Director of Labor, E 01-142, November 7, 2001.

Perdue v. Director of Labor, E 01-136, November 7, 2001.

Purifoy v. Director of Labor, E 01-137, November 7, 2001.

Starks v. Director of Labor, E 01-143, November 7, 2001.

Tibbs v. Director of Labor, E 01-141, November 7, 2001.

Whitlock v. Director of Labor, E 01-138, November 7, 2001.

Williams v. Director of Labor, E 01-135, November 7, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-480. Lloyd Edward Price v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman and Griffen, JJ., agree. (5 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

CA01-492. Carrie L. Southerland v. John R. Southerland, Jr., from Pulaski Chancery. Affirmed. Pittman and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-148. Jennifer Nicole Remick Word v. Frank D. Remick, Sr., from Ouachita Chancery. Affirmed. Neal and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-239. Bryant Manuel Flores v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Stroud, C.J., and Jennings, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA01-397. Robert Andrew McCurdy v. Elaine Elizabeth McCurdy, from Benton Chancery. Appeal Dismissed. Vaught and Baker, JJ., agree. (3 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-145. Keith Allen King v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-367. Jan Clifton Doyle v. State of Arkansas, from Crittenden Circuit. Remanded for Supplementation of Record, Reabstracting and Rebriefing. Neal and Crabtree, JJ., agree. (2 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

CA01-435. Terry Hice v. City of Fort Smith, Arkansas, Garry Campbell and Steve Parke, from Sebastian Chancery, Fort Smith District. Affirmed. Neal and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-387. John D. Conner v. State of Arkansas, from Carroll Circuit. Affirmed. Jennings and Roaf, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-525. Derrick Burnett v. State of Arkansas, from Jefferson Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (3 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

CA01-574. Technical Hydraulics v. Gerald Socwell, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA00-633. Denver Lane Rice v. Johnia Lea Rice, from Saline Chancery. Affirmed on Appeal; Reversed on Cross-Appeal. Hart and Baker, JJ., agree. (7 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

CA00-1266. Southwestern Glass Company, Inc. v. Waelder Oil and Gas, Inc. and Fred J. Waelder, from Crawford Circuit. Affirmed. Hart and Jennings, JJ., agree. (8 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

CA01-578. Walter Elvisto Hobbs, II v. State of Arkansas, from Pulaski Chancery. Affirmed as Modified. Hart and Baker, JJ., agree. (6 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-1291. Anthony Arnez Nelson v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins and Neal, JJ., agree. (3 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

CA00-1304. Cross County School District et al. v. Naomi Spencer and Roger Spencer, as Parents and Next Friend of Hannah Spencer Moran, from Cross Chancery. Reversed. Stroud, C.J., Pittman, Jennings, and Robbins, JJ., agree. Griffen, J., concurs. (4 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA01-20. James R. Brown v. General Medical Corporation et al., from Workers' Compensation Commission. Affirmed. Robbins and Neal, JJ., agree. (7 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1474. Jevon Cornell Jackson v. State of Arkansas, from Crittenden Circuit. Affirmed. Neal, J., agrees. Roaf, J., concurs. (3 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

CA00-1459. City of Marion and Meredith Hardin v. Guaranty Loan and Real Estate Company et al., from Crittenden Circuit. Affirmed. Robbins and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA01-58. Charles Rhoads v. Alex Lacy, from Washington Circuit. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES, NOT DESIGNATED FOR PUBLICATION) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-142. Lenois King v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Bird, JJ., agree. (4 PAGES, NOT DESIGNATED FOR PUBLICATION) [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).

E01-133. Cindy L. Biddle v. Director et al.

E01-134. Bernard J. Halls v. Director et al.

E01-135. David E. Williams v. Director et al.

E01-136. David Perdue, Jr. v. Director et al.

E01-137 Bobby J. Purifoy v. Director et al.

E01-138. Heather N. Whitlock v. Director et al.

E01-139. Jerry L. Hornback v. Director et al.

E01-140. Vickie Clements v. Director et al.

E01-141. Jerry G. Tibbs, Sr. v. Director et al.

E01-142. Robert L. Nellum v. Director et al.

E01-143. Trina Starks v. Director et al.

E01-144. Barbara Ames v. Director et al.

PER CURIAM ORDERS

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

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

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

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CACR01-54. Michael Joe Girtman v. State of Arkansas, from Sharp Circuit. Motion of Kelly J. Adkins for attorney's fees is granted. Allowed $1,000.00.

CACR01-367. Jan Doyle v. State of Arkansas, from Crittenden Circuit. Motion of Richard H. Young for attorney's fees is denied without prejudice.

CACR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional brief time is granted. Griffen and Vaught, JJ., would deny. Baker, J., not participating.

CACR01-1015. Kedron Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Bill Luppen to be substituted as counsel for appellant and to relieve Bill James as counsel is granted. Stroud, C.J., not participating.

CA01-495. John Brooks v. State of Arkansas, from Faulkner Circuit. Appellee's motion for additional brief time is granted. Bird, Griffen, Vaught, and Crabtree, JJ., would make it final extension. Baker, J., not participating.

CA01-530. Karen Diemer v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Appellant's motion to proceed pursuant to amended rules is granted. Stroud, C.J., Pittman, Crabtree, and Roaf, JJ., would deny, but grant brief time.

CA01-978. Kenneth Arnold and Pamela Arnold v. Stanley LeBlanc and Muriel LeBlanc, from Pulaski Chancery, First Division. Motion of Ben E. Rice to be substituted as counsel for appellants and for brief time is granted.

E01-238. Larry G. Smith v. Director et al., from Board of Review. Appellant's motion to file belated appeal is denied.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA01-282. Steve Koscenski and Carole Koscenski v. Bob Harrison and June Harrison, from Conway Chancery.

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CACR00-1187. Sherman Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. "Bill" James, Jr. for attorney's fees.

CACR00-1265. Jimmy Dale Morgan v. State of Arkansas, from Pike Circuit. Motion of Patrick J. Benca for attorney's fees.

CACR01-55. Nikita Floyd v. State of Arkansas, from Crittenden Circuit. Motion of Gregg A. Knutson for attorney's fees.

CACR01-179. Steven Higgins v. State of Arkansas, from Craighead Circuit, Western District. Motion of Janea Spades for attorney's fees.

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

CACR01-589. Billy Krimmel v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time.

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

CACR01-629. Terry Williams v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated brief.

CACR01-1018. Carol Crockett v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to file belated brief.

CACR01-1165. James E. Davis v. State of Arkansas, from Cross Circuit. Appellant's pro se motion for release on bond.

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Dana R. Davis to be relieved as counsel for the appellant.

CA01-111. Robert Murphy et al. v. David M. Dumas et al., from Union Chancery. Appellant's motion for extension of time to file petition for rehearing.

CA01-207. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery. Appellee's motion for sanctions.

CA01-319. Joe Terrell et al. v. Balboa Insurance et al., from Monroe Circuit. Appellees' motion for costs.

CA01-536. Charles Conn, Sr. et al. v. Arkansas Department of Human Services, from Pope Chancery. Appellee's motion to dismiss appeal and motion to stay briefing schedule.

CA01-866. Glenda Meek v. David Carter, Administrator, from Pope Probate. Appellee's motion to supplement the record.

CA01-942. Karen Rosamond v. Arkansas Department of Human Services, from Faulkner Chancery. Appellant's motion to file belated brief.

CA01-947. James Virgil Parks v. State of Arkansas, from Little River Chancery. Appellant's motion to supplement the record.

CA01-953. David L. Brown v. Janet Brown, from Pulaski Chancery, First Division. Motion of Stephen E. Whitwell to be substituted as counsel for appellee.

CA01-978. Kenneth Arnold et al. v. Stanley LeBlanc et al., from Pulaski Chancery, First Division. Motion of Ken Jones and Mary J. Pruniski to be substituted as counsel for appellees.

CA01-1021. Arkansas Department of Human Services v. Joyce Cox, from Greene Probate. Appellant's motion to supplement the record and motion to stay briefing schedule.

CA01-1126. Seachange International, Inc. v. Jeffery O. Putterman et al., from Pulaski Circuit, Fifth Division. Appellant's motion to release records filed under seal.

CA01-1144. Dermott Special School District et al. v. Iris Johnson, from Drew Circuit. Appellant's motion for stay in execution.

SUBMISSIONS

CACR01-582. Johnnie Catron v. State of Arkansas, from Washington Circuit. Argued orally.

CA01-272. Harper Development, Inc. et al. v. Jack Albert et al., from Saline Chancery. Argued orally.

CACR99-1319. Herman Glenn Folk, Sr. v. State of Arkansas, from Drew Circuit.

CACR00-1350. Scott Howe v. State of Arkansas, from Clay Circuit, Western District.

CACR01-143. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-187. Rodney Miller v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-431. Carl Rudd v. State of Arkansas, from Crawford Circuit.

CACR01-514. Roy Adrian Hoggard, II v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR01-549. Rodney Scales v. State of Arkansas, from Chicot Circuit.

CACR01-565. Jeff Eugene Peltier v. State of Arkansas, from Little River Circuit.

CACR01-662. Leonard Mays v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA01-40. Kenneth Lee et ux. v. Julia Konkel-Swaim et al., from Yell Chancery, Northern District.

CA01-228. Paul Dwain Cromwell v. University of Arkansas, from Workers' Compensation Commission.

CA01-319. Joe Terrell et al. v. Balboa Insurance et al., from Monroe Circuit.

CA01-372. Robert Morgan Lawson v. Marsha Kay Lawson Madar, from Arkansas Chancery, Northern District.

CA01-412. Dayne Bell (Deceased) et al. v. Tri-Lakes Services et al., from Workers' Compensation Commission.

CA01-417. Larry Tullis et ux. v. Karin June McCorkle, from Hempstead Chancery.

CA01-423. Robert Keathley v. Billie Ann Keathley, from Pulaski Chancery, First Division.

CA01-450. Ben Wofford et ux. v. Evelynn Goslee et al., from Garland Circuit.

CA01-522. Twyla Bryant v. Staffmark, Inc., from Workers' Compensation Commission.

CA01-555. David Collins v. The Hathaway Group et al., from Workers' Compensation Commission.

CA01-561. Nathan "Scott" McCall v. Cathy McCall, from Saline Chancery.

CA01-580. Little Rock Water Works et al. v. Wanda Tappin, from Workers' Compensation Commission.

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

E00-103. Vickie L. Hawkins v. Director et al.

E01-145. Loretta Edwards v. Director et al.

E01-146. Patricia D. Diffanbaugh v. Director et al.

E01-147. Nancy Hall v. Director et al.

E01-148. Kim D. Barkins v. Director et al.

E01-150. Kevin W. Gee, Jr. v. Director et al.

E01-151. Quincy D. Green v. Director et al.

E01-152. Kenneth W. Dickey v. Director et al.

E01-153. Dianne Edwards v. Director et al.

E01-154. Freddie L. Muldrew v. Director et al.

E01-155. Lana McCarty v. Director et al.

E01-156. Lori Hedden v. Director et al.

E01-157. Karen Urso v. Director et al.