Opinions delivered
February 6, 2002
K II Constr. Co. v. Crabtree (Pittman, J.) CA01-727
Appeal & error -- Discretion to allow rebriefing; determination that affirmance would be unduly harsh; abstracting error technical in nature; rebriefing odered. [HTML, WP5.1]
Lawyers Surety Corp. v. Flowers (Roaf, J.) CA01-413
Administrative law & procedure -- Used Motor Vehicle Administration; substantial evidence supported agency's decision that statutory scheme was intended to protect public in retail transactions with used car dealers. [HTML, WP5.1]
Atwood Distrib. v. Rendeluk, CA 01-850 (Stroud, C.J.), affirmed February 6, 2002. [HTML, WP5.1]
Ball v. Langley, CA 01-332 (Baker, J.), affirmed February 6, 2002. [HTML, WP5.1]
Henley v. Britton, CA 01-308 (Roaf, J.), dismissed February 6, 2002. [HTML, WP5.1]
Hilton v. State, CA CR 00-1248 (Roaf, J.), affirmed February 6, 2002. [HTML, WP5.1]
Little v. St. Paul Mercury Ins. Co., CA 01-771 (Griffen, J.), affirmed February 6, 2002. [HTML, WP5.1]
Meek v. Carter, CA 01-866 (Bird, J.), affirmed February 6, 2002. [HTML, WP5.1]
Ragsdale v. State, CA CR 00-704 (Pittman, J.), affirmed February 6, 2002. [HTML, WP5.1]
Starks v. State, CA CR 00-39 (Hart, J.), reversed and remanded February 6, 2002. [HTML, WP5.1]
Tester v. Hill, CA 01-566 (Vaught, J.), affirmed February 6, 2002. [HTML, WP5.1]
Tri-County Farmers, Inc. v. Larry, CA 01-381 (Stroud, C.J.), affirmed February 6, 2002. [HTML, WP5.1]
University of Ark. for Med. Sciences v. Mize, CA 01-690 (Crabtree, J.), affirmed February 6, 2002. [HTML, WP5.1]
Wilson, Henry Joseph v. State, CA CR 01-442 (Hart, J.), affirmed February 6, 2002. [HTML, WP5.1]
Wilson, Kendrick Mitchell v. State, CA CR 01-398 (Pittman, J.), affirmed February 6, 2002. [HTML, WP5.1]
Wright v. State, CA CR 01-635 (Bird, J.), affirmed in part; reversed and dismissed in part February 6, 2002. [HTML, WP5.1]
Allbright v. Director of Labor, E 01-231, February 6, 2002.
Bell v. Director of Labor, E 01-225, February 6, 2002.
Chatman v. Director of Labor, E 01-223, February 6, 2002.
Corbin v. Director of Labor, E 01-229, February 6, 2002.
Daniels v. Director of Labor, E 01-222, February 6, 2002.
Hoggard v. Director of Labor, E 01-227, February 6, 2002.
Johnson v. Director of Labor, E 01-219, February 6, 2002.
Morrell v. Director of Labor, E 01-224, February 6, 2002.
Smiley v. Director of Labor, E 01-230, February 6, 2002.
Wheeling Machine Prod., Inc. v. Director of Labor, E 01-226, February 6, 2002.
Williams v. Director of Labor, E 01-221, February 6, 2002.
Withrow v. Director of Labor, E 01-218, February 6, 2002.
JOHN F. STROUD, JR., CHIEF JUDGE:
CA01-381. Tri-County Farmers, Inc. et al. v. Emmitt Larry and Irene Larry, from Lee Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-850. Atwood Distributing v. Dana J. Rendeluk, from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR00-704. Danny Lee Ragsdale v. State of Arkansas, from Greene Circuit. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR01-398. Kendrick Mitchell Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-727. K II Construction Company v. Harold L. Crabtree, from Workers' Compensation Commission. Rebriefing Ordered. Bird and Roaf, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR00-39. Sean William Starks a/k/a Shawn Starks v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Vaught, J., agrees. Griffen, J., concurs. (4 PAGES + 4-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CACR01-442. Henry Joseph Wilson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR01-635. Cleveland Wright v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Reversed and Dismissed in Part. Pittman and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-866. Glenda Meek v. David Carter, Administrator of the Estate of Charlene K. Carter, from Pope Probate. Affirmed. Pittman and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA01-771. Donna Little v. St. Paul Mercury Insurance Company, from Garland Circuit. Affirmed. Hart and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA01-566. Charles Tester, Debbie Tester, Ron Cross, Glenn Peters and Tom Bozack v. Thomas E. Hill, from Van Buren Chancery. Affirmed. Hart and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA01-690. University of Arkansas for Medical Sciences and Public Employee Claims Division v. Kathy M. Mize, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Jennings, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA01-332. Lloyd K. Ball v. Jeffrey D. Langley and P. C. Systems, from Saline Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Pittman and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-308. Richard Henley and Amanda Henley v. Leon Britton and Ruth Britton, from Faulkner Chancery. Dismissed. Pittman and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-413. Lawyers Surety Corporation v. George Flowers, from Faulkner Circuit. Reversed and Dismissed. Stroud, C.J., Hart, Robbins, and Neal, JJ., agree. Griffen, J., dissents. (8 PAGES + 7-PAGE DISSENT 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).
E01-218. 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.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA00-1459. City of Marion and Meredith Hardin v. Guaranty Loan and Real Estate Company et al., from Crittenden Circuit.
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 is granted.
CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to stay rebriefing time pending supplement of record is granted.
CACR01-398. Kendrick Mitchell Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Leif Hamman for attorney's fees is granted. Allowed $1,000.00.
CACR01-399. Clifton F. Wofford v. State of Arkansas, from Perry Circuit. Motion of Robert E. Irwin for attorney's fees is granted. Allowed $1,000.00.
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 is denied.
CACR01-1087. Emanual Ilo v. State of Arkansas, from Faulkner Circuit. Appellant's motion to consolidate this appeal with CACR01-1066 is denied.
CACR01-1204. Gerald Tony Olles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record is granted. Record deemed supplemented. Appellant's brief due March 11, 2002.
CA01-132. Erika Wentz v. Service Master, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted.
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 is denied.
CA01-1103. International Paper Company et al. v. James Cricket Collier et al., from Lafayette Circuit. Appellants' motion to file belated supplemental record is granted. Record deemed supplemented.
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 is granted. Record to be supplemented within thirty days.
PETITIONS FOR REHEARING:
CACR01-356. Kevin Blakely v. State of Arkansas, from Crawford Circuit.
CA01-424. Liberty Mutual Insurance Company and Film Transit v. Randall Chambers, from Workers' Compensation Commission.
CA01-587. George M. Stokes v. Delta Production Credit Association, from Chicot Circuit.
CA01-691. Bob J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Chancery, Second Division.
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CACR00-327. Arliss Whitney v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees.
CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Motion of Daniel D. Becker for attorney's fees.
CACR01-74. Jerry Williams v. State of Arkansas, from Garland Circuit. Motion of George R. Spence for attorney's fees.
CACR01-239. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.
CACR01-792. Eric Z. Grillot v. State of Arkansas, from Van Buren Circuit. Appellant's motion for additional brief time.
CACR01-881. Cecil Ballew v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to expedite appeal.
CACR01-1146. Shannon David Boyle v. State of Arkansas, from Lonoke Circuit. Appellant's motion for additional brief time.
CACR02-79. Bruce Kirwan v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Deborah Sallings to be relieved as counsel for appellant and for appointment of new counsel.
CA01-250. Donovan Arras v. State of Arkansas, from Saline Chancery. Motion of Robert L. Herzfeld, Jr., for attorney's fees.
CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellee's pro se motion for affirmation of decree of divorce and judgment for back owed child support and motion for sanctions and damages for appeals taken for delay only.
CA01-857. Robert Rushing v. El Dorado Civil Service Commission, from Union Circuit. Appellant's motion for additional brief time.
CA01-1189. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellant's motion to supplement the record.
CA01-1192. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellant's motion to supplement the record.
CA01-1362. Gail Barice McNeil v. Delbert E. Lillard et ux., from Garland Circuit. Appellant's motion to file belated brief and for brief time.
CA01-1401. Jimmie Lee Barnett et al. v. Monumental General Insurance Company, from Van Buren Circuit. Appellants' motion to supplement the record and stay briefing schedule.
CA02-74. Eric Holloway et ux. v. Riley's Oak Hill Manor, Inc., from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal.
CACR00-1191. Christopher Brandon Harden v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR01-268. Mark Singson v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR01-327. Doug Ray King v. State of Arkansas, from Arkansas Circuit, Northern District.
CACR01-564. Demetrius Antonio Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR01-683. Jimmy Europe, Jr. v. State of Arkansas, from Howard Circuit.
CACR01-701. Larry Handy v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR01-901. Louis Keith Konecny v. State of Arkansas, from Arkansas Circuit, Northern District.
CACR01-941. Larry Walker v. State of Arkansas, from Faulkner Circuit.
CA01-376. Trans State Lines et al. v. David Lanning, from Workers' Compensation Commission.
CA01-496. Rodney McNair v. Melinda A. McNair Johnson, from White Chancery.
CA01-501. Darrell Dunaway v. Kristie Dunaway (now Plummer), from Pulaski Chancery, First Division.
CA01-556. Robert P. Goodman et ux. v. Ellis W. Maness et ux., from Lafayette Circuit.
CA01-882. Troy Osburn v. Department of Parks & Tourism et al., from Workers' Compensation Commission.
CA01-883. Sherman Waterproofing, Inc. et al. v. Darragh Company, from Pulaski Circuit, Third Division.
CA01-895. Lewis C. Cole, Administrator v. Gloria A. Cole, from Lonoke Probate.
CA01-932. Exxtra Help, Inc. et al. v. Geary Muldrew, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E01-35. Kendra Rollins v. Director et al.
E01-121. Gary R. Tacker v. Director et al.
E01-233. Michael P. Allison v. Director et al.
E01-234. Frank Ball v. Director et al.
E01-235. Lois Hickman v. Director et al.
E01-236. James J. Poor v. Director et al.
E01-237. Les B. Johnson v. Director et al.
E01-240. Richard A. Null v. Director et al.
E01-241. Angelia L. Madison v. Director et al.
E01-242. Trent Spangler v. Director et al.
E01-243. Freddie R. Adams v. Director et al.
E01-244. Eric D. Nelson v. Director et al.
E01-245. Ronald L. Vass v. Director et al.