Capitol Life & Accident Ins. Co. v. Phelps (Crabtree, J.) CA01-769

Insurance -- Omission in policy; appellant had burden of showing that facts omitted were material to risk; chancellor found appellant's proof not convincing; finding not clearly erroneous; forty percent of amount of recovery awarded as attorney's fees; no abuse of discretion found. [HTML, WP5.1]

Jackson v. Delis (Per Curiam) CA01-735

Appeal & error -- Judgment was not final order as to all parties; appeal dismissed. [HTML, WP5.1]

Cook v. Aluminum Co. of Am., CA 01-656 (Neal, J.), remanded February 13, 2002. [HTML, WP5.1]

Dickerson v. Baxter County, CA 01-575 (Hart, J.), affirmed February 13, 2002. [HTML, WP5.1]

Duckworth v. State, CA CR 01-572 (Stroud, C.J.), affirmed February 13, 2002. [HTML, WP5.1]

Dworshak v. State, CA CR 01-604 (Vaught, J.), affirmed February 13, 2002. [HTML, WP5.1]

Ebbert v. State, CA CR 01-913 (Hart, J.), reversed and dismissed February 13, 2002. [HTML, WP5.1]

Farmers Home Mut. Fire Ins. Co. v. Bank of Pocahontas, CA 01-712 (Neal, J.), supplementation of abstract ordered February 13, 2002. [HTML, WP5.1]

Haskins v. Morrow, CA 01-297 (Vaught, J.), affirmed February 13, 2002. [HTML, WP5.1]

Poinsett County Sheriff's Dep't v. O'Brien, CA 01-739 (Jennings, J.), affirmed February 13, 2002. [HTML, WP5.1]

Smith, Cecil W. v. Aluminum Co. of Am., CA 01-645 (Robbins, J.), remanded February 13, 2002. [HTML, WP5.1]

Smith, Tyrone W. v. State, CA CR 01-877 (Roaf, J.), affirmed February 13, 2002. [HTML, WP5.1]

Sturgis v. Clifton, CA 01-945 (Jennings, J.), reversed and remanded February 13, 2002. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-572. Demeko Duckworth v. State of Arkansas, from St. Francis Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-913. Spring Ebbert v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Griffen and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-575. Robert Dickerson v. Baxter County, Arkansas; Association of Arkansas Counties, from Workers' Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA01-739. Poinsett County Sheriff's Department and Association of Arkansas Counties v. Edward O'Brien, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-945. Vanessia Sturgis v. Norman C. Clifton et al., from Pulaski Circuit. Reversed and Remanded. Stroud, C.J., and Crabtree, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-645. Cecil W. Smith v. Aluminum Company of America, from Workers' Compensation Commission. Remanded. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-656. John H. Cook v. Aluminum Company of America, from Workers' Compensation Commission. Remanded. Stroud, C.J., and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-712. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit. Supplementation of Abstract Ordered. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-604. Ronald Dworshak v. State of Arkansas, from Faulkner Circuit. Affirmed. Hart and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-297. Diane Haskins, Individually and as Mother and Next of Kin of Parec Pruitt v. Mattie Morrow, from Phillips Circuit. Affirmed. Hart and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-769. Capitol Life and Accident Insurance Company v. Lela K. Phelps, from Sebastian Chancery. Affirmed. Stroud, C.J., and Jennings, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-877. Tyrone W. Smith v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA01-735. Pat Jackson v. Dr. Dean Delis, Ph.D., et al., from Pulaski Circuit, Fifth Division. Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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.

CA01-691. 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 is granted. Allowed $1,000.00.

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $1,000.00.

CACR01-74. Jerry Williams v. State of Arkansas, from Garland Circuit. Motion of George R. Spence for attorney's fees is granted. Allowed $1,000.00.

CACR01-239. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $1,000.00.

CACR01-792. Eric Z. Grillot v. State of Arkansas, from Van Buren Circuit. Appellant's motion for additional brief time is grante

CACR01-877. Tyrone W. Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR01-881. Cecil Ballew v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to expedite appeal is denied.

CACR01-1146. Shannon David Boyle v. State of Arkansas, from Lonoke Circuit. Appellant's motion for additional brief time is granted.

CA01-250. Donovan Arras v. State of Arkansas, from Saline Chancery. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $800.00.

CA01-790. Edmundo Gordon Rogers v. Cynthia Ann 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. Motion passed until case submitted.

CA01-857. Robert Rushing v. El Dorado Civil Service Commission, from Union Circuit. Appellant's motion for additional brief time is granted. Vaught and Crabtree, JJ., would deny.

CA01-1189. Edmundo Gordon Rogers v. Cynthia Ann Rogers, from Benton Circuit. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA01-1192. Edmundo Gordon Rogers v. Cynthia Ann Rogers, from Benton Circuit. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA01-1362. Gail Barice McNeil v. Delbert E. Lillard, from Garland Circuit. Appellant's motion to file belated brief is granted.

CA01-1401. Jimmie Lee Barnett et al. v. Monumental General Insurance Co., from Van Buren Circuit. Appellants' motion to supplement the record and stay briefing schedule is granted. Record to be supplemented within thirty days. Brief due in sixty days.

CACR99-1319. Herman Folk, Sr. v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney for attorney's fees.

CACR99-1319. Herman Folk, Sr. v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney to be relieved as counsel for appellant.

CACR01-509. Rosetta Davis v. State of Arkansas, from Independence Circuit. Motion of Alvin Schay for attorney's fees.

CACR01-900. Edward Mayberry v. State of Arkansas, from Hot Spring Circuit. Appellant's motion to file brief under new rule.

CACR01-1072. Charles Anthony Martin v. State of Arkansas, from Cleburne Circuit. Appellant's motion to stay briefing schedule.

CACR02-9. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Motion of Dan McGill to withdraw as counsel for appellant and to substitute Blake Spears as counsel.

CA01-533. American Investors Life Insurance Company et al. v. Dianne Roxanne Butler, from Crittenden Circuit. Appellee's motion for attorney's fees and costs.

CA01-1082. Brandy Stephens et al. v. Robert A. Petrino, M.D. et al., from Benton Circuit. Appellants' motion to supplement the record.

CA01-1321. D. Patrick Henry v. Wilson and Associates, P.L.L.C., from Pulaski Circuit, Fifteenth Division. Appellant's motion for reconsideration of dismissal of appeal.

CA02-107. M. M. v. State of Arkansas, from Lonoke Circuit. Appellant's motion and amended motion for anonymity.

CA02-114. Victoria Shelley et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellants' motion to proceed in forma pauperis.

E02-28. Peggy L. Branson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA01-404. Mark Johnson et ux. v. Richard L. Ramsay et ux., from Pulaski Chancery, Third Division. Argued orally.

CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit.

CACR01-509. Rosetta Marie E. Davis v. State of Arkansas, from Independence Circuit.

CACR01-620. Richard Keith Holloway v. State of Arkansas, from Crawford Circuit.

CACR01-632. Daniel Larone Cuningkin, Jr. v. State of Arkansas, from Saline Circuit.

CACR01-634. Douglas Crawford v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-707. Anthony Reed v. State of Arkansas, from Jefferson Circuit.

CACR01-713. John William Davidson v. State of Arkansas, from Nevada Circuit.

CACR01-751. Patrick Stinnett v. State of Arkansas, from Crittenden Circuit.

CACR01-783. James I. Cole, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA01-530. Karen Diemer v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division.

CA01-743. Pearl V. Pritchett v. Lewis Lumber & Manufacturing Company, from Workers' Compensation Commission.

CA01-745. Betty Gerrald v. Douglas Tobacco Products, Inc. et al., from Workers' Compensation Commission.

CA01-829. Jerry Lee Stogsdill v. James E. Stogsdill, Jr. et al., from Craighead Chancery, Western District.

CA01-953. David L. Brown v. Janet P. Brown, from Pulaski Chancery, First Division.

CA01-963. Lisa Privett v. Excel Specialty Products, from Workers' Compensation Commission.

CA01-1013. Lambert Construction Company, Inc. v. James Fitch, from Workers' Compensation Commission.

CA01-1017. Susanne Williams v. John Williams, from Mississippi Chancery, Chickasawba District.