Allstate Ins. Co. v. Voyles (Robbins, J.) CA01-562

Insurance -- Arson; circumstantial evidence sufficient to support jury verdict; trial court erroneously granted appellee's motion for directed verdict; evidence of previous fire immaterial; trial court properly excluded misrepresentations. [HTML, WP5.1]

American Investors Life Ins. Co. v. Butler (Roaf, J.) CA01-533

Contracts -- Insurance policy language; interpretations that gave effect to both clauses was that procedure at issue was covered expense if certain conditions were met; trial court did not err in granting summary judgment with respect to inapplicable provision; jury's verdict that appellant did not prove by preponderance of evidence that appellee was not diagnosed with metastic cancer supported by substantial evidence. [HTML, WP5.1]

Death & Perm. Total Disab. Trust Fund v. Brewer (Crabtree, J.) CA01-746

Workers' compensation -- Attorney lien statute was inapplicable; Commission erred in relying upon for its decision; Commission did not err in requiring appellant to withhold appellant's one-half attorney's fee from indemnity benefits; Commission did not err in requiring appellant to issue by separate check withheld monies to appellee's attorney. [HTML, WP5.1]

McFarland v. Taylor (Bird, J.) CA01-585

Mines & minerals -- Rights of access; mineral owners use of land must be necessary; road had been in residential use for years prior to being used for access to oil well; chancellor properly considered whether it was necessary for appellants to use road; no abuse of discretion in denial of injunctive relief. [HTML, WP5.1]

Arras v. State, CA 01-250 (Roaf, J.), affirmed January 23, 2002. [HTML, WP5.1]

Campbell v. State, CA CR 01-29 (Stroud, C.J.), affirmed January 23, 2002. [HTML, WP5.1]

Davis v. State, CA CR 01-502 (Bird, J.), affirmed January 23, 2002. [HTML, WP5.1]

Eads v. State, CA CR 00-984 (Roaf, J.), affirmed January 23, 2002. [HTML, WP5.1]

Odom v. State, CA CR 00-1466 (Neal, J.), supplementation of the transcript ordered January 23, 2002. [HTML, WP5.1]

Speck v. Wal-Mart Assocs., Inc., CA 01-706 (Stroud, C.J.), affirmed January 23, 2002. [HTML, WP5.1]

Thomas v. State, CA CR 00-643 (Jennings, J.), affirmed January 23, 2002. [HTML, WP5.1]

YWCA v. Director, E 01-99 (Crabtree, J.), affirmed January 23, 2002. [HTML, WP5.1]

Barron v. Director of Labor, E 01-189, January 23, 2002.

Campbell v. Director of Labor, E 01-182, January 23, 2002.

Flynn v. Director of Labor, E 01-183, January 23, 2002.

Glascow v. Director of Labor, E 01-186, January 23, 2002.

Huffstickler v. Director of Labor, E 01-178, January 23, 2002.

Johns v. Director of Labor, E 01-184, January 23, 2002.

Johnson v. Director of Labor, E 01-188, January 23, 2002.

McNeal v. Director of Labor, E 01-173, January 23, 2002.

Messick v. Director of Labor, E 01-181, January 23, 2002.

Morris v. Director of Labor, E 01-185, January 23, 2002.

Ryan v. Director of Labor, E 01-187, January 23, 2002.

Tanner v. Director of Labor, E 01-180, January 23, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-29. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-706. Linda Speck v. Wal-Mart Associates, Inc., from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-643. Michael Lamont Thomas v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-562. Allstate Insurance Company v. Billy Wayne Voyles, from Cross Circuit. Reversed and Remanded. Neal and Baker, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-502. Dennis Davis v. State of Arkansas, from Mississippi Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-585. Wayne McFarland and Phillip Pittman v. Bennie Taylor, from Union Chancery. Affirmed. Pittman and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit. Supplementation of the transcript ordered. Robbins and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-746. Death and Permanent Total Disability Trust Fund v. James E. Brewer, et al., from Workers' Compensation Commission. Affirmed. Hart, Neal, Vaught, and Baker, JJ., agree. Robbins, J., dissents. (7 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

E01-99. YWCA v. Director et al., from Board of Review. Affirmed. Stroud, C.J., and Jennings, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman and Bird, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-250. Donovan Arras v. State of Arkansas, from Saline Chancery. Affirmed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-533. American Investors Life Insurance Company v. Dianne Roxanne Butler, from Crittenden Circuit. Affirmed. Pittman and Bird, JJ., agree. (9 PAGES PUBLISHED) [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).

E01-173. Faison McNeal v. Director, et al.

E01-178. Susan Huffstickler v. Director, et al.

E01-180. Jack Tanner v. Director, et al.

E01-181. Gary J. Messick v. Director, et al.

E01-182. Gary D. Campbell v. Director, et al.

E01-183. Shannon W. Flynn v. Director, et al.

E01-184. Marcus P. Johns v. Director, et al.

E01-185. Wesley S. Morris v. Director, et al.

E01-186. James E. Glascow v. Director, et al.

E01-187. Raymond Ryan v. Director, et al.

E01-188. Jac N. Johnson v. Director, et al.

E01-189. Christina A. Barron v. Director, et al.

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

CA01-520. Brooksher L. Banks et al. v. Capitol Chemical & Supply Company, Inc., from Pulaski Circuit, Fifth Division. Appellee's request for Rule 11 sanctions is denied.

CA01-685. Thomas L. Ford v. Dependable Air, from Workers' Compensation Commission.

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CACR01-46. Jerome Sims v. State of Arkansas, from Crittenden Circuit. Motion of Steven R. Davis for attorney's fees is granted. Allowed $600.00.

CACR01-341. Greg Lamont Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Danny R. Williams to be relieved as counsel for appellant is granted.

CACR01-408. Danny Gipson v. State of Arkansas, from Crawford Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $1,000.00.

CACR01-564. Demetrius Antonio Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for production of documents is denied.

CACR01-564. Demetrius Antonio Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to correct record is denied.

CACR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit. Motion of Kent McLemore for attorney's fees is granted. Allowed $1,000.00.

CACR01-922. Darrell J. Tillery v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for transcript is denied. Appellant's points for reversal due in thirty days.

CACR01-980. Dusty Guinn v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal is granted.

CACR01-983. James White v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted.

CACR01-1204. Gerald Tony Olles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time is granted for forty-five days.

CACR01-1205. Seyoum Ali Clark v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion to relieve counsel and for appointment of new counsel is denied.

CA00-1459. City of Marion and Meredith Hardin v. Guaranty Loan and Real Estate Company, et al., from Crittenden Circuit. Appellees' motion for extension of time to file response to petition for rehearing is granted. Response filed this date.

CA01-970. Stanley Wood Chevrolet-Pontiac, Inc. v. Progressive Casualty Insurance Company, from Independence Circuit. Appellant's motion for additional brief time is granted. Brief due in thirty days. Final extension.

CA01-1068. Smith-Blair, Inc. et al. v. Cal L. Jones, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted.

CA01-1333. American Standard et al. v. Eddie Post, from Workers' Compensation Commission. Appellants' motion to supplement the record is granted. Record deemed supplemented.

E01-279. Randall Gabbard v. Director et al., from Board of Review. Appellees' motion to dismiss appeal is granted.

E02-8. Charles H. Johnson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is granted. Crabtree, J., would deny.

CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Bill Luppen for attorney's fees.

CACR01-268. Mark W. Singson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion to relieve counsel and to proceed pro se.

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Appellant's pro se motion to relieve counsel and for appointment of new counsel.

CACR01-398. Kendrick Mitchell Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Leif Hamman for attorney's fees.

CACR01-514. Roy Adrian Hoggard, II v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Joseph C. Self for attorney's fees.

CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's petition for writ of certiorari to complete the record and for brief time.

CACR01-889. Gabriel Coker v. State of Arkansas, from Lonoke Circuit. Appellant's motion for extension of time to file supplemental record on remand.

CACR01-927. Carl Jonathan Nash v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion for additional brief time.

CACR01-1014. Kevin Brasel v. State of Arkansas, from Boone Circuit. Appellee's motion to dismiss appeal.

CACR01-1316. Kenny W. Westerman v. State of Arkansas, from Faulkner Circuit. Appellant's motion for substitution of counsel and for brief time.

CA00-855. Alltel Communications, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Argued orally.

CA00-1109. Consumer Utilities Rate Advocacy Division of the Attorney General's Office et al. v. Arkansas Public Service Commission, from Public Service Commission. Argued orally.

CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-398. Kendrick Mitchell Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-442. Henry Joseph Wilson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-541. Michael John Hunter and James Kavin Callahan v. State of Arkansas, from Crawford Circuit.

CACR01-635. Cleveland Wright v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-709. Richard Louis Nelson v. State of Arkansas, from Hempstead Circuit.

CA01-308. Richard Henley et ux. v. Leon Britton et ux., from Faulkner Chancery.

CA01-381. Tri-County Farmers, Inc. et al. v. Emmitt Larry et ux., from Lee Circuit.

CA01-566. Charles Tester et al. v. Thomas E. Hill, from Van Buren Circuit.

CA01-690. UAMS et al. v. Kathie Mize, from Workers' Compensation Commission.

CA01-797. Farmers Cooperative v. Sidney Biles, from Workers' Compensation Commission.

CA01-834. Frank Hill v. Central Arkansas Equipment & Supply, Inc. et al., from Pulaski Circuit, Third Division.

CA01-850. Atwood Distributing v. Dana J. Rendeluk, from Workers' Compensation Commission.

CA01-866. Glenda Meeks v. David Carter, from Pope Probate.

CA01-937. Terry W. Baker v. Deborah L. Baker Stringer, from Washington Chancery.

CA01-945. Vanessia Sturgis v. Norman E. Clifton et al., from Pulaski Circuit, Seventh Division.

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

E01-218. James Scott Withrow v. Director et al.

E01-219. Robert Johnson v. Director et al.

E01-221. Larry S. Williams v. Director et al.

E01-222. Kelli R. Daniels v. Director et al.

E01-223. Lillie P. Chatman v. Director et al.

E01-224. Jamie M. Morrell v. Director et al.

E01-225. Vivian D. Bell v. Director et al.

E01-226. Wheeling Machine Product, Inc. v. Director et al.

E01-227. Carlton Hoggard v. Director et al.

E01-229. Donald A. Corbin v. Director et al.

E01-230. Haldor Lee Smiley v. Director et al.

E01-231. Bryce P. Allbright v. Director et al.