McHalffey v. Nationwide Mut. Fire Ins. Co. (Roaf, J.) CA01-354

Insurance -- Statutory penalty; decision to award due to insurer's failure to pay timely benefits not reversed unless clearly erroneous; reversed & remanded where loss not paid within reasonable time. [HTML, WP5.1]

Paine v. Walker (Hart, J.) CA01-232

Life estates -- Grantor reserved life estate in dwelling; chancellor erred in finding that grantor held life estate; appellee failed to establish that "compilation" fit business-records exception to hearsay rule; chancellor abused discretion in admitting testimony. [HTML, WP5.1]

White River Levee Dist. v. Reidhar (Robbins, J.) CA01-466

Property -- Sufficient evidence of adverse possession shown; chancellor's finding not clearly erroneous; no proof express permission to use property ever given; mere existence of benefit accruing to appellant by virtue of occupation by others insufficient to imply existence to permission. [HTML, WP5.1]

Yarbrough v. Director (Robbins, J.) E01-161

Unemployment compensation -- Discharge for misconduct in connection with work; no substantial evidence that appellant intentionally violated his employer's requirements of punctuality so as to manifest wrongful intent or evil design; reversed & remanded for award of benefits. [HTML, WP5.1]

Advanced Plastics v. Peel, CA 01-579 (Griffen, J.), affirmed December 12, 2001. [HTML, WP5.1]

Baxter County Reg. Hosp. v. Dixon, CA 01-481 (Vaught, J.), appeal dismissed December 12, 2001. [HTML, WP5.1]

Ford v. Dependable Air, CA 01-685 (Baker,J.), reversed and remanded December 12, 2001. [HTML, WP5.1]

Hassell v. State, CA CR 01-171 (Roaf, J.), reversed and dismissed December 12, 2001. [HTML, WP5.1]

Jenson v. House, CA 01-379 (Pittman, J.), appeal dismissed December 12, 2001. [HTML, WP5.1]

Linder v. State, CA CR 01-406 (Stroud, C.J.), affirmed December 12, 2001. [HTML, WP5.1]

Mendenhall v. Smith, CA 01-552 (Baker, J.), affirmed December 12, 2001. [HTML, WP5.1]

Miller v. Ford, CA 01-664 (Neal, J.), affirmed December 12, 2001. [HTML, WP5.1]

Paladino-Nash, Inc. v. Southwestern Bell Tel. Co., CA 01-660 (Stroud, C.J.), reversed and dismissed December 12, 2001. [HTML, WP5.1]

Simmons v. State, CA CR 01-386 (Bird, J.), affirmed December 12, 2001. [HTML, WP5.1]

Smith v. State, CA CR 01-700 (Crabtree, J.), affirmed December 12, 2001. [HTML, WP5.1]

Thompson v. State, CA CR 01-641 (Neal, J.), reversed and dismissed December 12, 2001. [HTML, WP5.1]

Ward v. State, CA CR 01-344 (Jennings, J.), affirmed December 12, 2001. [HTML, WP5.1]

Washburn v. Nabholtz Constr., CA 01-467 (Bird, J.), affirmed December 12, 2001. [HTML, WP5.1]

Wilson v. State, CA CR 01-221 (Pittman, J.), affirmed December 12, 2001. [HTML, WP5.1]

Yokem v. Tyler, CA 01-383 (Jennings, J.), affirmed December 12, 2001. [HTML, WP5.1]

Young v. State, CA CR 01-1293 (Per Curiam), Motion of James P. Clouette to be Substituted as Counsel for Appellant and Motion of Fernando Padilla to Be Relieved as Counsel; remanded to the trial court December 12, 2001. [HTML, WP5.1]

Harris, Dianne D. v. Director of Labor, E 01-168, December 12, 2001.

Harris, Frankie v. Director of Labor, E 01-163, December 12, 2001.

Hunter v. Director of Labor, E 01-167, December 12, 2001.

Jimco Lamp Co. v. Director of Labor, E 01-171, December 12, 2001.

Jones v. Director of Labor, E 01-160, December 12, 2001.

McBryde v. Director of Labor, E 01-172, December 12, 2001.

Moore v. Director of Labor, E 01-159, December 12, 2001.

Patterson v. Director of Labor, E 01-166, December 12, 2001.

Ross v. Director of Labor, E 01-158, December 12, 2001.

Tolbert v. Director of Labor, E 01-165, December 12, 2001.

Windsor Door, Inc. v. Director of Labor, E 01-170, December 12, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-406. Larry Linder v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-660. Paladino-Nash, Inc. v. Southwestern Bell Telephone Company, from Faulkner Circuit. Reversed and Dismissed. Hart and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-221. Fredrick Wilson v. State of Arkansas, from Bradley Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-379. Elizabeth Jenson v. Conrad House, from Hot Spring Probate. Appeal Dismissed. Jennings and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-232. Michael Paine v. Timothy Walker and Rose Walker, from Carroll Chancery. Reversed and Remanded. Stroud, C.J., Jennings, Griffen, and Crabtree, JJ., agree. Bird, J., agrees in part and dissents in part. (6 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-344. Avery Ward v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-383. George Yokem and Faye Yokem v. Billy Tyler et al., from Faulkner Circuit. Affirmed. Pittman and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-466. White River Levee District v. John and Christine Reidhar, from Prairie Chancery. Affirmed. Griffen and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

E01-161. Freddie E. Yarbrough v. Director, Employment Security Department and Conway Transportation Services, from Board of Review. Reversed and Remanded. Griffen and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-386. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-467. Richard Washburn v. Nabholtz Construction, from Workers' Compensation Commission. Affirmed. Jennings and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-579. Advanced Plastics v. Cora Peel, from Workers' Compensation Commission. Affirmed. Robbins, J., agrees. Roaf, J., concurs. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-641. Gregory Thompson v. State of Arkansas, from Garland Circuit. Reversed and Dismissed. Stroud, C.J., and Hart, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-664. Jerry Miller v. Randall Ford et al., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA01-481. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appeal Dismissed. Pittman and Jennings, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-700. Larry Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-552. Mary Mendenhall v. Eric Smith, from Hot Spring Chancery. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-685. Thomas L. Ford v. Dependable Air and State Farm Insurance, from Workers' Compensation Commission. Reversed and Remanded. Bird and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-171. Billy Hassell v. State of Arkansas, from Saline Circuit, First Division. Reversed and Dismissed. Robbins and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-354. Clovis McHalffey v. Nationwide Mutual Fire Insurance Company, from Poinsett Circuit. Reversed and Remanded. Robbins and Griffen, JJ., agree. (5 PAGES PUBLISHED) [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).

E01-158. Gayla S. Ross v. Director et al.

E01-159. Lateisha M. Moore v. Director et al.

E01-160. Glenn H. Jones v. Director et al.

E01-163. Frankie Harris v. Director et al.

E01-165. Patricia Tolbert v. Director et al.

E01-166. Sharon A. Patterson v. Director et al.

E01-167. Clarise M. Hunter v. Director et al.

E01-168. Dianne D. Harris v. Director et al.

E01-170. Windsor Door, Inc. v. Director et al.

E01-171. Jimco Lamp Company v. Director et al.

E01-172. Amy Denise McBryde v. Director et al.

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CACR01-270. Jewell Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division. Jennings and Crabtree, JJ., would grant.

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

CACR00-1030. Gregory F. Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Scott A. Strain for attorney's fees is denied. See Supreme Court Rule 6-6(c) and Bell v. State, 326 Ark. 1097 (1996).

CACR01-61. Janet Urango v. State of Arkansas, from Franklin Circuit, Northern District. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,200.00.

CACR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Motion of David O. Bowden and Rickey H. Hicks to be appointed as counsel for appellant and to proceed in forma pauperis is granted. Baker, J., not participating.

CACR01-779. Gregory Davidson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file brief under amended rules is denied. Brief due January 10, 2002.

CACR01-1293. Damien Markee Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of James P. Clouette to be substituted as counsel for appellant and motion of Fernando Padilla to be relieved as counsel is remanded to the trial court. See per curiam of even date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-365. Billie Tripp Nelson v. C.L. Miller, from Stone Chancery. Appellee's motion to dismiss appeal and motion for brief time. Motion to dismiss is denied. Case stayed. Appellee to advise Clerk of bankruptcy status in ninety days.

CA01-813. Steven H. Anderson v. Ray Ross Ford Lincoln Mercury et al., from Workers' Compensation Commission. Appellant's motion for additional brief time is granted.

CA01-997. Deborah Berger-Nielsen v. William Lee Nielsen et al., from Washington Chancery. Appellant's motion to change style of case is granted.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of S. Lance Cox for attorney's fees.

CACR00-1291. Anthony Arnez Nelson v. State of Arkansas, from Faulkner Circuit. Motion of Gregg A. Knutson for attorney's fees.

CACR00-1462. Bill S. Norman v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of DeeNita D. Moak for attorney's fees.

CACR00-1474. Jevon Cornell Jackson v. State of Arkansas, from Crittenden Circuit. Motion of Tammy L. Harris for attorney's fees.

CACR01-61. Wanda Williams v. State of Arkansas, from Franklin Circuit, Northern District. Motion of Terry Goodwin Jones for attorney's fees.

CACR01-235. David Bramucci v. State of Arkansas, from Crittenden Circuit. Motion of John W. Cone for attorney's fees.

CACR01-415. Aaron A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Jeannie L. Denniston for attorney's fees.

CACR01-428. Rodney S. Porta v. State of Arkansas, from Crawford Circuit. Motion of DeeNita D. Moak for attorney's fees.

CACR01-855. William R. Tubbs v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR01-889. Gabriel Coker v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record.

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to direct compliance with Rule 4-2(a)(5) and 4-2(a)(7) and to stay briefing schedule.

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file substituted brief.

CACR01-1300. Ronald Pachl v. State of Arkansas, from Faulkner Circuit. Appellant's motion to supplement the record.

CA01-507. Clyde Eason et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Appellees' motion for attorney's fees.

CA01-576. Lola Felicia Cash et al. v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division. Appellants' motion for leave to augment and amend the record or to remand to the trial court.

CA01-948. Vicki White, Executrix v. Gary Davis, from Searcy Chancery. Appellant's motion for additional brief time.

CA01-957. Clint Gasaway v. South Bend Hunting Club, Inc. et al., from Lincoln Chancery. Appellant's motion for additional brief time.

CA01-1000. Terry Hardage v. E-Z Mart Stores, Inc., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief.

CA01-1027. Clyde Lester Little, Jr. v. Donna Ruth Little, from Pope Chancery. Joint motion to allow rebriefing by appellant.

CA01-1314. Nodena, Inc. et al. v. Arkansas Concrete Cutting & Coring, Inc., from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.

E01-266. Sherida Easterling v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E01-268. Paula Davis v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA01-507. Clyde Eason et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Argued orally.

CACR99-1507. Edward Wayne Buckelew v. State of Arkansas, from Van Buren Circuit.

CACR00-327. Arliss Whitney v. State of Arkansas, from Crittenden Circuit.

CACR00-429. Benjamin Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR00-1456. James Al Richards, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-46. Jerome Sims v. State of Arkansas, from Crittenden Circuit.

CACR01-300. Cedric Lamar Terry v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-348. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-796. Derek Harris v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-806. John Lynn Willoughby v. State of Arkansas, from Crawford Circuit.

CACR01-855. William R. Tubbs v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA01-328. Shaun Smith v. Office of Child Support Enforcement, from Lafayette Chancery.

CA01-332. Lloyd K. Ball v. Jeffrey D. Langley, d/b/a P.C. Systems, from Saline Circuit.

CA01-413. Lawyers Surety Corporation v. George Flowers, from Faulkner Circuit.

CA01-418. Pamela J. Fisher, Administrator v. Althea Fisher James et al., from Perry Chancery.

CA01-441. Ronnie Buckner et ux. v. Eloise Lewis, from Faulkner Circuit.

CA01-576. Lola Felicia Cash et al. v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division.

CA01-587. George M. Stokes v. Delta Production Credit Association, from Chicot Circuit.

CA01-646. Kenneth D. Shepard v. Alcoa, from Workers' Compensation Commission.

CA01-655. Joseph D. Chism v. Alcoa, from Workers' Compensation Commission.

CA01-672. Ron Morris et ux. v. Ben Rush et al., from Pulaski Circuit, Fifth Division.

CA01-691. Bob J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Chancery, Second Division.

CA01-702. Ronnie Johnson v. Sentinel-Record, Inc. et al., from Garland Circuit.

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

E01-190. George Brown, III v. Director et al.

E01-191. Sandra Balve v. Director et al.

E01-192. Donna Dilday v. Director et al.

E01-193. A.J. Holt v. Director et al.

E01-194. Nichole M. Van Poucke v. Director et al.

E01-196. Nancy R. Collins v. Director et al.

E01-197. Catherine Wilson v. Director et al.

E01-198. Kathy L. Smith v. Director et al.

E01-199. Vera M. Johnson v. Director et al.

E01-200. Walter R. McGee, III v. Director et al.

E01-201. Gary Modisette v. Director et al.

E01-202. Heather G. Bundick-Anderson v. Director et al.