ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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76 Ark. App.

Opinions delivered
March 6, 2002


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Ilo v. State (Robbins, J.) CACR01-1066

Search & seizure -- No-knock search; information as to presence of handgun stale; trial court erred in denying appellant's motion to suppress; reversed & remanded. [HTML, WP5.1]

J&V Restaurant Supply & Refrig., Inc. v. Supreme Fixture Co. (Hart, J.) CA01-687

Jurisdiction -- Appellant purposefully availed itself of privilege of conducting activities within state; requirement of minimum contacts met; appellant's failure to file timely answer due to failure to attend to business; no abuse of discretion in trial judge's denial of appellant's motion for enlargement of time to file answer. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arsola v. State, CA CR 01-875 (Roaf, J.), affirmed March 6, 2002. [HTML, WP5.1]

Basler Elec. Co. v. Lamb, CA 01-896 (Jennings, J.), affirmed March 6, 2002. [HTML, WP5.1]

Bogy v. Bryant, CA 01-936 (Crabtree, J.), affirmed March 6, 2002. [HTML, WP5.1]

Brown Sch. Rehab. Ctr. v. Arkansas Dep't of Human Servs., CA 01-971 (Pittman, J.), reversed and remanded March 6, 2002. [HTML, WP5.1]

Chambers v. State, CA CR 01-921 (Pittman, J.), affirmed March 6, 2002. [HTML, WP5.1]

Cole v. Cole, CA 01-895 (Baker, J.), affirmed March 6, 2002. [HTML, WP5.1]

Cole v. State, CA CR 01-783 (Griffen, J.), affirmed March 6, 2002. [HTML, WP5.1]

Davis v. Lane Amos Concrete Constr., CA 01-744 (Bird, J.), affirmed March 6, 2002. [HTML, WP5.1]

DeGregory v. Wal-Mart Stores, Inc., CA 01-979 (Griffen, J.), affirmed March 6, 2002. [HTML, WP5.1]

Dunaway v. Dunaway, CA 01-501 (Pittman, J.), affirmed March 6, 2002. [HTML, WP5.1]

Exxtra Help, Inc. v. Muldrew, CA 01-932 (Hart, J.), affirmed March 6, 2002 [HTML, WP5.1]

Golden v. State, CA CR 01-958 (Hart, J.), affirmed March 6, 2002. [HTML, WP5.1]

Ireland v. Levesque, CA 01-865 (Jennings, J.), affirmed March 6, 2002. [HTML, WP5.1]

McGee v. State, CA CR 01-740 (Stroud, C.J.), affirmed March 6, 2002. [HTML, WP5.1]

Terry v. State, CA CR 00-897 (Crabtree, J.), remanded for rebriefing March 6, 2002. [HTML, WP5.1]

Vincent v. Allen, CA 01-550 (Stroud, C.J.), dismissed March 6, 2002. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Holmes, CA 01-1006 (Vaught, J.), affirmed March 6, 2002. [HTML, WP5.1]


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-740. Donald Eugene McGee v. State of Arkansas, from Faulkner Circuit. Affirmed. Pittman and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-550. Shara Susannah Vincent v. Tom Allen, from Independence Chancery. Dismissed. Pittman and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-921. Wilford Chambers v. State of Arkansas, from Pope Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-501. Darrell Dunaway v. Kristie Dunaway (Plummer), from Pulaski Chancery, First Division. Affirmed. Stroud, C.J., and Vaught, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-971. Brown School Rehabilitation Center v. Arkansas Department of Human Services, from Pulaski Circuit. Reversed and Remanded. Stroud, C.J., and Vaught, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-958. Willie Golden v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-687. J&V Restaurant Supply & Refrigeration, Inc. v. Supreme Fixture Company, Inc., from Pulaski Circuit. Affirmed. Jennings and Neal, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA01-932. Exxtra Help, Inc. and Hartford Insurance Company v. Geary Muldrew, from Workers' Compensation Commission. Affirmed. Jennings and Roaf, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA01-865. Darlene Ireland v. Hector Eugene Levesque et al., from Garland Circuit. Affirmed. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-896. Basler Electric Company, Inc. and The Hartford Insurance Company v. Wanda S. Lamb, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-1066. Kisha Ilo v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. Crabtree and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-744. Dale Davis v. Lane Amos Concrete Construction, from Workers' Compensation Commission. Affirmed. Pittman and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-783. James Isaac Cole, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Baker, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-979. Melinda DeGregory v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA01-1006. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Theretha Holmes, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Pittman, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit. Remanded for Rebriefing. Robbins and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-936. Phillip Bogy, Jr. v. Darrell Bryant, from Arkansas Chancery. Affirmed. Robbins and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-895. Lewis Cole v. Gloria Cole, from Lonoke Probate. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-875. Paul A. Arsola v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

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

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 is granted. Allowed $1,000.00.

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Motion of Don G. Gillaspie to be relieved as counsel for appellant and for appointment of new counsel is granted. Frank Newell is appointed to represent the appellant. Brief due April 15, 2002.

CACR01-406. Larry Linder v. State of Arkansas, from Garland Circuit. Motion of David O. Bowden for attorney's fees is denied. See Arkansas Supreme Court Rule 6.6(c).

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 is moot.

CACR01-740. Donald Eugene McGee v. State of Arkansas, from Faulkner Circuit. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR01-875. Paul A. Arsola 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.

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

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

CA01-479. Wes Booth v. Suzanne P. Booth, from Union Chancery. Appellee's motion for attorney's fees is denied.

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

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

CA01-1259. Lori A. (Garrett) Price v. Gregory A. Garrett, Jr., from Cleburne Circuit. Appellee's motion to supplement the record is denied. Appellee's brief due in twenty days.

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 is granted. Record to be supplemented within thirty days; brief due in sixty days.

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 is granted.

CA02-107. M. M. v. State of Arkansas, from Lonoke Circuit. Appellant's motions for anonymity are passed until case is submitted.

MOTIONS SUBMTTED

PETITIONS FOR REHEARING:

CA01-332. Lloyd K. Ball v. Jeffrey D. Langley and P. C. Systems, from Saline Circuit.

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

CA01-413. Lawyers Surety Corporation v. George Flowers, from Faulkner Circuit.

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CACR01-864. Willie Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John W. Yeargan, Jr., for attorney's fees.

CACR01-1393. Lance Throckmorton v. State of Arkansas, from White Circuit. Appellant's motion for additional brief time.

CACR02-136. Jacob Morrow v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Mark Burnette to be substituted as counsel for appellant.

CACR02-136. Jacob Morrow v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Deborah Sallings to be relieved as counsel for appellant.

CA01-786. Gary Crews v. Laura Crews (now Spurlin-Clynch), from Washington Chancery. Appellee's motion for attorney's fees and costs.

CA01-790. Edmundo Rogers v. Cynthia Rogers, from Benton Chancery. Appellant's motion to strike appellee's brief.

CA01-938. Lloyd Vickroy v. Brad Schaufler, from Fulton Circuit. Appellee's motion for attorney's fees and costs.

CA01-1034. Kristy Tew v. Arkansas Department of Human Services, from Faulkner Chancery. Appellant's motion for additional brief time.

CA01-1337. John T. Chandler et al. v. City of Little Rock, from Pulaski Circuit, Fifteenth Division. Appellants' motion for stay pending appeal.

CA02-82. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division. Appellants' motion to supplement the record and for brief time.

CA02-143. Banner Sign and Barricade, Inc. et al. v. Herbert Stovall et ux., from St. Francis Circuit. Appellants' motion for special briefing schedule.

SUBMISSIONS

CACR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit.

CACR01-589. Billy Krimmel v. State of Arkansas, from Garland Circuit.

CACR01-765. Nedra G. Bratton v. State of Arkansas, from Clark Circuit.

CACR01-984. Tyranza Patrick Young v. State of Arkansas, from Phillips Circuit.

CACR01-1041. Robert Lee Morning v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1046. Henry Candelaria v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Chancery.

CA01-648. William R. Cross et al. v. Ouachita Railroad, Inc., from Union Chancery.

CA01-863. Kathy (Lambert) Caple v. Jerry L. Lambert, from Calhoun Chancery.

CA01-891. Pauline Hartwick et al. v. Bradley R. Hill et ux., from Van Buren Circuit.

CA01-905. Area Agency on Aging v. Donna McGuire, from Workers' Compensation Commission.

CA01-929. Elizabeth Grant v. Gary N. Meek, M.D., from Saline Circuit.

CA01-954. Cynthia Diane Stone et al. v. Arkansas Department of Human Services, from Miller Chancery.

CA01-981. Herbert W. Engelke et al. v. John Chelstrom et al., from Benton Chancery.

CA01-990. Donna Ruth Gilbert v. Inez K. Rainey, from Pulaski Chancery, First Division.

CA01-998. Alfred Loring v. Cathy Loring, from Pulaski Chancery, Sixth Division.

CA01-1016. Tom Alfano v. Kellie Dawn Alfano, from Pulaski Chancery, Second Division.

CA01-1121. Dennis Holmesley v. Chris Walk et ux., from Johnson Circuit.

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

E01-232. Jesse D. Reed v. Director et al.

E01-246. Wanda L. Sanders v. Director et al.

E01-247. Jimmy R. Johnston v. Director et al.

E01-248. Robert D. Friend v. Director et al.

E01-249. Jimmy R. McGhee v. Director et al.

E01-251. Tracy Sitzer v. Director et al.

E01-252. Bernice J. Ballanger v. Director et al.

E01-253. Tressie Tramel v. Director et al.

E01-254. Elizabeth A. Hartsell v. Director et al.

E01-255. Beverly J. Vaughn v. Director et al.

E01-256. Laura K. Martin v. Director et al.

E01-258. Joett Frey v. Director et al.