General Elec. Co. v. Gilbert (Griffen, J.) CA01-311

Workers' compensation -- Baysinger rule effective in appellant's case; wrongful discharge; evidence sufficient to support jury's finding that appellee's workers' compensation claim was factor in termination; appellant did not present evidence showing legitimate, nondiscriminatory basis for discharging appellee; substantial evidence supported jury's verdict where appellant had no policy requiring doctor's note for absences of more than five days & where management was fully apprised of appellee's absences; reversed with respect to award of lost pension benefits. [HTML, WP5.1]

Moore v. Midwest Distrib., Inc. (Crabtree, J.) CA01-763

Contracts -- Covenants not to compete; no legitimate interest to be protected by agreement; geographic area in covenant more broad than was reasonably necessary; grant of temporary injunction error; reversed. [HTML, WP5.1]

Pierce Add'n Homeowners Assoc., Inc. v. City of Vilonia Planning Comm'n (Neal, J) CA00-1262

Appeal & error -- Circuit court never acquired jurisdiction where appeal was not properly perfected; case reversed & dismissed. [HTML, WP5.1]

Slater v. State (Stroud, C.J.) CACR01-842

Evidence -- Finder of fact not required to believe appellant's explanation; sufficient evidence to support appellant's conviction for theft by receiving. [HTML, WP5.1]

Thurman v. Baker (Crabtree, J.) CA01-617

Actions -- Appellee's substitution as party plaintiff did not constitute new action; appellee's substitution as proper party to action related back to initial filing of suit; trial court properly allowed appellee as guardian of estate to substitute herself as plaintiff. [HTML, WP5.1]

Townsend v. State (Pittman, J.) CACR01-516

Attorney & client -- Conflict of interest; denial of motion to be relieved reversed & remanded; criminal procedure; detention of suspect; additional fifteen minutes not unreasonable under circumstances; voluntariness; appellate court could not say that State failed to prove custodial statement was voluntary. [HTML, WP5.1]

Van DeVeer v. George's Flowers, Inc. (Roaf, J.) CA01-710

Appeal & error -- No final order as to all parties; appeal dismissed. [HTML, WP5.1]

Gerot v. Gerot (Griffen, J.) CA01-448

Appeal & error -- Petition for rehearing denied where appellee raised no new issues of law & provided no additional grounds for consideration. [HTML, WP5.1]

Booth v. Booth, CA 01-479 (Pittman, J.), affirmed as modified on appeal; affirmed on cross-appeal January 30, 2002. [HTML, WP5.1]  Substituted opinion delivered June 5, 2002.  

Cooper v. Johnson, CA 01-219 (Vaught, J.), affirmed January 30, 2002. [HTML, WP5.1]

Electric Cowboy, Inc. v. Thetford, CA 01-812 (Vaught, J.), affirmed January 30, 2002. [HTML, WP5.1]

Green v. State, CA CR 01-628 (Griffen, J.), affirmed January 30, 2002. [HTML, WP5.1]

Jones v. State, CA CR 01-1095 (Per Curiam), Appellant's Motion to Provide Counsel with Sealed Materials granted January 30, 2002. [HTML, WP5.1]

Moore v. State, CA CR 01-864 (Neal, J.), affirmed January 30, 2002. [HTML, WP5.1]

Pro Clean Janitorial Serv. v. Hinkle, CA 01-868 (Robbins, J.), remanded January 30, 2002. [HTML, WP5.1]

St. Edward Mercy Med. Ctr. v. Nemeth, CA 01-730 (Hart, J.), affirmed January 30, 2002. [HTML, WP5.1]

Taylor v. Director, E 01-4 (Baker, J.), affirmed January 30, 2002. [HTML, WP5.1]

Tillman v. Director, E 01-81 (Robbins, J.), affirmed January 30, 2002. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-842. Barbara Slater v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Reversed and Remanded. Jennings and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA01-479. Wes Booth v. Suzanne P. Booth, from Union Chancery. Affirmed as Modified on Appeal; Affirmed on Cross-Appeal. Jennings and Vaught, JJ., agree.  [HTML, WP5.1]  Substituted opinion delivered June 5, 2002.  (5 PAGES UNPUBLISHED)

JOSEPHINE LINKER HART, JUDGE:

CA01-730. St. Edward Mercy Medical Center and Sisters of Mercy Health System v. Myrtle Nemeth, from Workers' Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-868. Pro Clean Janitorial Service v. A.J. Hinkle, from Workers' Compensation Commission. Remanded. Neal and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-81. James Tillman, Jr. v. Director, Employment Security Department and Central Arkansas Library System, from Board of Review. Affirmed. Neal and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-628. Doyle Green, Sr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Hart and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-311. General Electric Company v. Lila Gilbert, from Craighead Circuit. Affirmed in Part; Reversed in Part. Robbins, Neal, Vaught, and Baker, JJ., agree. Pittman, J., concurs. Bird, Crabtree, and Roaf, JJ., dissent. (13 PAGES + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-864. Willie Moore v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1262. Pierce Addition Homeowners Association, Inc. v. City of Vilonia Planning Commission and Lloyd Stone, from Faulkner Circuit. Reversed and Dismissed. Robbins and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA01-219. Roberta Dismuke Cooper et al. v. Charles Johnson et al., from Ouachita Chancery. Affirmed. Hart and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-812. Electric Cowboy, Inc. and Fremont Compensation v. Melissa Carol Thetford, from Workers' Compensation Commission. Affirmed. Hart and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-617. John B. Thurman v. Marie Baker, Attorney in Fact, from Pulaski Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA01-763. Ronnie Moore v. Midwest Distribution, Inc., from Crawford Chancery. Reversed. Stroud, C.J., and Jennings, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

E01-4. Yvonne M. Taylor v. Director, Employment Security Department and Brookshire Food Store No. 81, from Board of Review. Affirmed. Robbins and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA01-710. Gary Van DeVeer v. George's Flowers, Inc., et al., from Benton Circuit. Appeal Dismissed. Pittman and Bird, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

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

CA01-448. Liza Michelle Gerot v. Paul Alan Gerot, from Pope Chancery. See supplemental opinion on denial of rehearing. Roaf, J., concurs. (3 PAGES PUBLISHED) [HTML, WP5.1]

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CACR00-429. Benjamin Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Bill Luppen for attorney's fees is granted. Allowed $800.00. Stroud, C.J., not participating.

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 is denied.

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 is denied.

CACR01-514. Roy Adrian Hoggard, II v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Joseph C. Self for attorney's fees is granted. Allowed $1,000.00.

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 is granted. Record to be completed within thirty days. Brief due in sixty days.

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

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

CACR01-1014. Kevin Brasel v. State of Arkansas, from Boone Circuit. Appellee's motion to dismiss appeal is denied. Appellant's motion to file belated brief is granted.

CACR01-1095. Lloyd C. Jones v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion to provide counsel with sealed materials is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CA00-1405. Carl Walker et ux. v. Nydia Spencer, from Faulkner Probate. Appellants' motion to dismiss appeal is granted.

CA01-1386. David L. Harshfield, M.D. v. James Spencer et ux., from Pulaski Circuit, Sixteenth Division. Appellees' motion for leave for trial court to grant new trial is denied.

PETITIONS FOR REHEARING:

CACR00-1444. Hosea Lee Keys v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA01-576. Lola Felicia Cash and Jason Reed Holt v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division.

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CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's petition for writ of certiorari to complete the record.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to stay rebriefing time pending supplement of record.

CACR01-399. Clifton F. Wofford v. State of Arkansas, from Perry Circuit. Motion of Robert E. Irwin for attorney's fees.

CACR01-564. Demetrius Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion and amended motion to file supplemental brief.

CACR01-738. Edward D. Lamb v. State of Arkansas, from Chicot Circuit. Motion of Joseph P. Mazzanti, III, for attorney's fees.

CACR01-877. Tyrone W. Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR01-1087. Emanuel Ilo v. State of Arkansas, from Faulkner Circuit. Appellant's motion to consolidate this appeal with CACR01-1066.

CACR01-1204. Gerald Tony Olles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CA01-132. Erika Wentz v. Service Master, from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA01-519. Patricia Stevens et al. v. Robert Levi Wilmoth, Jr., from Miller Chancery. Appellee's motion for attorney's fees.

CA01-1000. Terry Hardage v. E-Z Mart Stores, Inc., from Workers' Compensation Commission. Appellant's pro so motion to reconsider denial of nonconforming brief or for appointment of counsel.

CA01-1103. International Paper Company et al. v. James Cricket Collier et al., from Lafayette Circuit. Appellants' motion to file belated supplemental record.

CA01-1387. B. J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record and for brief time.

CA01-519. Patricia Stevens et al. v. Robert Levi Wilmoth, Jr., from Miller Chancery. Argued orally.

CACR01-572. Demeko Duckworth v. State of Arkansas, from St. Francis Circuit.

CACR01-604. Ronald Dworshak v. State of Arkansas, from Faulkner Circuit.

CACR01-738. Edward D. Lamb v. State of Arkansas, from Chicot Circuit.

CACR01-877. Tyrone W. Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-913. Spring Ebbert v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA01-297. Diane Haskins et al. v. Mattie Morrow, from Phillips Circuit.

CA01-553. Suzanne Neumeier Washburn v. Dr. Wayne L. Bruffett and Dr. David Clause, from Pulaski Circuit, Fifth Division.

CA01-575. Robert Dickerson v. Baxter County, Arkansas, from Workers' Compensation Commission.

CA01-645. Cecil W. Smith v. Alcoa, from Workers' Compensation Commission.

CA01-656. John H. Cook v. Alcoa, from Workers' Compensation Commission.

CA01-712. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit.

CA01-744. Dale Davis v. Lane Amos Concrete Construction, from Workers' Compensation Commission.

CA01-757. Feed Store Cafe v. Diane Baker, from Workers' Compensation Commission.

CA01-769. Capitol Life and Accident Insurance Company v. Lela K. Phelps, from Sebastian Chancery, Greenwood District.

CA01-798. Edna Lou Howard, Administratrix v. St. Edward Mercy Medical Center et al,, from Sebastian Circuit, Fort Smith District.

CA01-896. Basler Electric Company, Inc. et al. v. Wanda S. Lamb, from Workers' Compensation Commission.

E01-108. George F. Cooper v. Director et al., from Board of Review.