Brown v. Brown (Roaf, J.) CA01-953

Parent & child -- Child support; trial court did not err in refusing to apply appellant's overpayments toward medical-expense arrearages; trial court did not err in holding appellant in contempt for failure to timely provide tax returns; trial court's method of arriving at appellant's expendable income not clearly erroneous; child-support orders cannot be retroactively modified for period before filing of petition for modification; reversed & remanded where trial court abused discretion in ordering increase to be retroactive; issue on physical discipline of child reversed & remanded where trial court misstated law & failed to determine whether appellant's discipline was "reasonable & moderate." [HTML, WP5.1]

Davidson v. State (Robbins, J.) CACR01-713

Criminal procedure -- Search & seizure; "good-faith" exception supported denial of motion to suppress; existence of probable cause to issue warrant not addresses; challenge to trial judges determination that sentences should run consecutively; nothing in record to demonstrate that trial judge did not exercise his discretion; sentences were within statutory minimum & maximum. [HTML, WP5.1]

Johnson v. Ramsay (Vaught, J.) CA01-404

Easements -- Instrument created valid easement; finding of chancellor not clearly erroneous; sufficient evidence existed that easement had not been abandoned; absence of easement on documents not controlling; plats of properties showed easement; directed verdict motion properly denied. [HTML, WP5.1]

Stogsdill v. Stogsdill (Griffen, J.) CA01-829

Limitation of actions -- Appellees' action filed two years after appellant's discharge from bankruptcy; well within statute of limitations; review of record supported chancellor's conclusion concerning evidence of personal loans; chancellor's judgment in favor of appellees not clearly erroneous; denial of directed verdict motion affirmed where substantial evidence showed cause of action on behalf of appellant's mother was revived. [HTML, WP5.1]

Boyette v. Vogelpohl, CA 01-642 (Baker, J.), affirmed February 27, 2002. [HTML, WP5.1]

Crawford v. State, CA CR 01-634 (Hart, J.), affirmed February 27, 2002. [HTML, WP5.1]

Gerrald v. Douglas Tobacco Prods., Inc., CA 01-745 (Robbins, J.), affirmed February 27, 2002. [HTML, WP5.1]

Holloway v. State, CA CR 01-620 (Roaf, J.), rebriefing ordered February 27, 2002. [HTML, WP5.1]

Lambert Constr. Co. v. Fitch, CA 01-1013 (Stroud, C.J.), affirmed February 27, 2002. [HTML, WP5.1]

Reed v. State, CA CR 01-707 (Jennings, J.), affirmed February 27, 2002. [HTML, WP5.1]

Singson v. State, CA CR 01-268 (Vaught, J.), affirmed February 27, 2002. [HTML, WP5.1]

Soterra, L.L.C. v. Albert, CA 00-776 (Baker, J.), affirmed as modified February 27, 2002. [HTML, WP5.1]

Stinnett v. State, CA CR 01-751 (Bird, J.), affirmed February 27, 2002. [HTML, WP5.1]

Tacker v. Director, E 01-121 (Jennings, J.), affirmed February 27, 2002. [HTML, WP5.1]

Washburn v. Bruffett, CA 01-553 (Baker, J.), reversed and remanded February 27, 2002.\ [HTML, WP5.1]

Williams v. Williams, CA 01-1017 (Neal, J.), affirmed February 27, 2002. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-1013. Lambert Construction Company, Inc. and Southern Guaranty Insurance Company v. James Fitch, from Workers' Compensation Commission. Affirmed. Pittman and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-634. Douglas Crawford v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-707. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-121. Gary R. Tacker v. Director, Employment Security Department and Crittenden Gin Company, from Board of Review. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-713. John Davidson v. State of Arkansas, from Nevada Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA01-745. Betty Gerrald v. Douglas Tobacco Products, Inc., National Fire Insurance Company, and Second Injury Fund, from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-751. Patrick Stinnett v. State of Arkansas, from Crittenden Circuit. Affirmed. Griffen and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-829. Jerry Lee Stogsdill v. James E. Stogsdill, Jr. and Janet Stogsdill Osmon, Co-Executors of the Estate of Elizabeth Stogsdill, Deceased, from Craighead Chancery. Affirmed. Bird and Baker, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-1017. Suzanne Williams v. John Williams, from Mississippi Chancery. Affirmed. Hart and Jennings, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-268. Mark Singson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., agrees. Pittman, J., concurs. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-404. Mark Johnson and Catherine Johnson v. Richard Ramsay and Clair Ramsay, from Pulaski Chancery. Affirmed. Stroud, C.J., and Pittman, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA00-776. Soterra, L.L.C. v. Stephen Albert and Joseph Albert, Jr., from Pulaski Chancery. Affirmed as Modified. Robbins and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-553. Suzanne Neumeier Washburn v. Dr. Wayne L. Bruffett and Dr. David Clause, from Pulaski Circuit. Reversed and Remanded. Robbins and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-642. James W. Boyette, Clyde Boyette, Karen Boyette and James William Boyette, Jr. v. Carl Joseph Vogelpohl, from Pulaski Chancery. Affirmed. Robbins and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-620. Richard Keith Holloway v. State of Arkansas, from Crawford Circuit. Rebriefing Ordered. Robbins and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-953. David L. Brown v. Janet P. Brown, from Pulaski Circuit. Affirmed in Part, Reversed and Remanded in Part. Robbins and Crabtree, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-1319. Herman Folk, Sr. v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney for attorney's fees is granted. Allowed $1,000.00.

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

CACR01-274. Jerry Acrey v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to dismiss appeal is granted.

CACR01-903. Martha Owen v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is denied.

CACR01-903. Martha Owen v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief is granted.

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

CA01-763. Ronnie Moore v. Midwest Distribution, Inc., from Crawford Circuit. Appellant's motion for attorney's fees is denied.

CA02-15. Ed Square v. Catherine Square, from Clark Circuit. Appellant's motion to dismiss appeal without prejudice is granted. Neal, J., not participating.

E02-39. Arthur H. Fagin v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

E02-41. Mark F. Gaines v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

PETITIONS FOR REHEARING:

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit.

CA01-479. Wes Booth v. Suzanne P. Booth, from Union Chancery.

CA01-617. John B. Thurman v. Marie Baker, Attorney in Fact, from Pulaski Circuit, Third Division.

CA01-866. Glenda Meek v. David Carter, Administrator of the Estate of Charlene K. Carter, from Pope Probate.

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CACR00-1418. Christina Michelle Carrington v. State of Arkansas, from Cleveland Circuit. Motion of David O. Bowden for attorney's fees.

CACR01-262. Steve Sanders v. State of Arkansas, from Newton Circuit. Appellant's motion to recall and stay mandate in order to petition for writ of certiorari.

CACR01-406. Larry Linder v. State of Arkansas, from Garland Circuit. Motion of David O. Bowden for attorney's fees.

CACR01-620. Richard Keith Holloway v. State of Arkansas, from Crawford Circuit. Motion of Robert L. Herzfeld, Jr. to set aside briefs, to allow rebriefing, and to withdraw as counsel for appellant.

CACR01-1169. Tyrone Pillow v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional brief time.

CACR01-1199. Fredrick L. Delaney v. State of Arkansas, from Scott Circuit. Appellant's motion to supplement the record.

CA01-672. Ron Morris et al. v. Ben Rush et al., from Pulaski Circuit, Fifth Division. Motion to designate opinion for publication.

CA01-813. Steven H. Anderson v. Roy Ross Ford Lincoln Mercury et al., from Workers' Compensation Commission. Appellant's motion to supplement abstract.

CA01-1180. Dave Caple v. Jennifer Willingham, from Saline Circuit. Appellant's motion to file belated brief.

CA01-1259. Lori A. (Garrett) Price v. Gregory A. Garrett, Jr., from Cleburne Circuit. Appellee's motion to supplement the record and to stay brief time.

CA02-42. Doris Ross et al. v. Orval Ray Jones et al., from Conway Circuit. Appellants' motion to supplement the record and for brief time.

CA02-59. Old Republic Insured Financial Acceptance Corporation v. Odis Williams et al., from Pulaski Circuit, Third Division. Appellant's motion for stay of judgment and to set supersedeas bond.

CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR01-446. Jeffrey Michael King v. State of Arkansas, from White Circuit.

CACR01-607. Daniel Dewitt Corby v. State of Arkansas, from Greene Circuit.

CACR01-629. Terry Lynn Williams v. State of Arkansas, from Jackson Circuit.

CACR01-840. Anthony Arnez Nelson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-841. Frank Summons v. State of Arkansas, from Pulaski Probate, Seventh Division.

CA01-495. John Brooks v. State of Arkansas, from Faulkner Circuit.

CA01-567. Diane Louise Jones (Davidson) v. Charles David Jones, from Washington Chancery.

CA01-652. Kelly Otto Clark v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission.

CA01-661. D'Arbonne Construction Company, Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit.

CA01-786. Gary R. Crews v. Laura Crews, from Washington Chancery.

CA01-827. Gary Montgomery v. Jade (Montgomery) Bolton, from Pulaski Chancery, Third Division.

CA01-876. Fluor Daniel et al. v. Alfred R. Barnett, from Workers' Compensation Commission.

CA01-902. Tony Nesterenko, D.C. v. Arkansas Board of Chiropractic Examiners, from Pulaski Circuit, Seventh Division.

CA01-938. Lloyd Vickroy v. Brad Schaufler, from Fulton Circuit.

CA01-989. Huffy Service First et al. v. Anita Ledbetter, from Workers' Compensation Commission.

E01-164. Karen D. Brewer v. Director et al., from Board of Review.