Alltel Ark., Inc. v. Arkansas Pub. Serv. Comm'n (Neal, J.) CA00-855

Public Service Commission -- Issues to be addressed involved application of parity order; order neither abstracted nor part of record; court without sufficient information to address issues raised; orders appealed from vacated. [HTML, WP5.1]

Consumer Utils. Rate Advocacy Div. v Arkansas Pub. Serv. Comm'n (Neal, J.) CA00-1109

Public Service Commission -- Court without sufficient information to address issues raised; orders appealed from vacated. [HTML, WP5.1]

Huffy Serv. First v. Ledbetter (Griffen, J.) CA01-989

Workers' compensation -- Heart illness; claimant must show injury is major cause of harm; cardiologist's opinion was sufficiently clear that trier of fact was not required to guess at cause of injury; Workers' Compensation Commission did not err in finding that work-related conditions were major cause of deceased employee's heart attack; Commission did not err in finding appellee entitled to dependency benefits. [HTML, WP5.1]

In Re: One 1995 Ford Searcher Jamboree (Stroud, C.J.) CA01-495

Civil procedure -- Prosecutor failed to respond to requests for admission; result was admission that owner of car had filed timely notice of judicial referral; car owner entitled to judicial forfeiture proceeding; prosecutor did not institute forfeiture proceedings in timely fashion under either law; trial court's order of forfeiture reversed & case remanded. [HTML, WP5.1]

Nesterenko v. Arkansas Bd. of Chiropractic Exmnr's (Roaf, J.) CA01-902

Administrative law & procedure -- Board's finding insufficient; case remanded to Board; sanction here did not constitute punishment under double jeopardy analysis; fact that Board is authorized by statute to levy civil penalties for each violation was sufficient to take case out of reach of double jeopardy; person may be punished under both violations in single proceeding. [HTML, WP5.1]

Privett v. Excel Specialty Prods. (Bird, J.) CA01-963

Workers' compensation -- Employment services; record indicated appellant was engaged in incidental activities necessary for performance of primary activity; appellant was performing employment services at time of injury. [HTML, WP5.1]

Willis v. State (concurrences and dissents only) CACR01-59 [HTML, WP5.1]

Brewer v. Director, E 01-164 (Griffen, J.), affirmed March 13, 2002. [HTML, WP5.1]

Corby v. State, CA CR 01-607 (Roaf, J.), affirmed March 13, 2002. [HTML, WP5.1]

Cuningkin v. State, CA CR 01-632 (Pittman, J.), affirmed March 13, 2002. [HTML, WP5.1]

Diemer v. Arkansas Dep't of Human Servs., CA 01-530 (Crabtree, J.), affirmed March 13, 2002. [HTML, WP5.1]

Pritchett v. Lewis Lumber & Mfg. Co., CA 01-743 (Baker, J.), affirmed March 13, 2002. [HTML, WP5.1]

Pugh v. State, CA CR 01-77 (Baker, J.), affirmed March 13, 2002. [HTML, WP5.1]

Stokes v. Delta Prod. Credit Assoc., CA 01-587 (Crabtree, J.), Petition for Rehearing denied March 13, 2002. [HTML, WP5.1]

Vickroy v. Schaufler, CA 01-938 (Crabtree, J.), appeal dismissed March 13, 2002. [HTML, WP5.1]

Williams v. State, CA CR 01-629 (Pittman, J.), affirmed March 13, 2002. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-495. In Re: The Matter of One 1995 Ford Searcher Jamboree, from Faulkner Circuit. Reversed and Remanded. Pittman and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-629. Terry Lynn Williams v. State of Arkansas, from Jackson Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-632. Daniel Larone Cuningkin, Jr. v. State of Arkansas, from Saline Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-963. Lisa Privett v. Excel Specialty Products and Crawford and Company, from Workers' Compensation Commission. Affirmed. Griffen and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-989. Huffy Service First and Lumbermens Mutual Casualty v. Anita Ledbetter, from Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (16 PAGES PUBLISHED) [HTML, WP5.1]

E01-164. Karen D. Brewer v. Director, Employment Security Department and Windsor Door, Inc., from Board of Review. Affirmed. Bird and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-855. Alltel Arkansas, Inc. et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Vacated and Remanded. Hart, J., agrees. Robbins and Griffen, JJ., concur. Vaught and Baker, JJ., dissent. (7 PAGES + 3-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-1109. Consumer Utilities Rate Advocacy Division of the Arkansas Attorney General's Office et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Vacated and Remanded. Hart, J., agrees. Robbins and Griffen, JJ., concur. Vaught and Baker, JJ., dissent. (4 PAGES + 1-PAGE CONCURRENCE + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-530. Karen Diemer v. Arkansas Department of Human Services and Taylor Diemer, a Minor, from Pulaski Chancery. Affirmed. Robbins and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-938. Lloyd Vickroy v. Brad Schaufler, from Fulton Circuit. Appeal Dismissed. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-743. Pearl V. Pritchett v. Lewis Lumber & Manufacturing Company and Compensation Managers, Inc., from Workers' Compensation Commission. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-607. Daniel Dewitt Corby v. State of Arkansas, from Greene Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-902. Anthony Nesterenko, D.C. v. Arkansas Board of Chiropractic Examiners, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

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

CACR01-59. Obbie Willis v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pittman and Robbins, JJ., concur. Griffen, Neal, Crabtree, and Roaf, JJ., dissent. (3-PAGE CONCURRENCE + 3-PAGE CONCURRENCE + 4-PAGE DISSENT + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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. Griffen, J., would grant.

CA01-587. George M. Stokes v. Delta Production Credit Association, from Chicot Circuit. See supplemental opinion this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

*****************************

CACR01-864. Willie Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John W. Yeargan, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR01-1393. Lance Throckmorton v. State of Arkansas, from White Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due May 13, 2002.

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

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

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

CA01-938. Lloyd Vickroy v. Brad Schaufler, from Fulton Circuit. Appellee's motion for attorney's fees and costs is granted. Allowed $380.00.

CA01-1034. Kristy Tew v. Arkansas Department of Human Services, from Faulkner Chancery. Appellant's motion for additional brief time is granted. Brief due May 12, 2002. Griffen and Crabtree, JJ., would deny.

CA01-1337. John T. Chandler et al. v. City of Little Rock, Arkansas, from Pulaski Circuit, Fifteenth Division. Appellants' motion for stay pending appeal is denied. See Schramm v. Piazza, 53 Ark. App. 993 (1996); and Home Mut. Fire Ins. Co. v. Jones, 62 Ark. App. 182 (1998).

CA02-82. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division. Appellant's motion to supplement the record and for brief time is granted. Record deemed supplemented. Brief due March 22, 2002.

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

PETITION FOR REHEARING:

CA01-739. Poinsett County Sheriff's Department and Association of Arkansas Counties v. Edward O'Brien, from Workers' Compensation Commission.

*****************************

CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Alvin Schay for attorney's fees.

CACR01-683. Jimmy Europe, Jr. v. State of Arkansas, from Howard Circuit. Motion of Alvin Schay for attorney's fees.

CACR01-707. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.

CACR01-904. Antonio Ladell Baker v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for transcript and for extension of time to file brief.

CACR01-1165. James E. Davis v. State of Arkansas, from Cross Circuit. Appellant's pro se motion for order of release.

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for additional brief time.

CACR01-1280. Micah Eugene Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time.

CA01-556. Robert P. Goodman et ux. v. Ellis W. Maness et ux., from Lafayette Circuit. Appellees' motion for attorney's fees.

CA01-834. Frank Hill v. Central Arkansas Equipment & Supply, Inc., from Pulaski Circuit, Third Division. Appellee's motion for attorney's fees and costs.

CACR01-336. Deborah Rouse v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-750. Edward Walton v. State of Arkansas, from Crittenden Circuit.

CACR01-912. Jose Luis Vergara-Soto v. State of Arkansas, from Washington Circuit.

CACR01-926. Alejandro Gardea v. State of Arkansas, from Pope Circuit.

CACR01-1152. Danny H. Thornton v. State of Arkansas, from Crittenden Circuit.

CACR01-1173. Ronald D. Petty v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA01-269. Gil Landers et al. v. Ken Jameson, from Pulaski Circuit, Fifth Division.

CA01-801. Brenda Higgins v. Alpha Burnett et al., from Faulkner Circuit.

CA01-853. Jesse King et ux. v. James Arnold, from Phillips Circuit.

CA01-911. Debbie Daniels v. Department of Human Services et al., from Workers' Compensation Commission.

CA01-949. Thomas Ranel Brady, Jr. v. Laura A. Brady, from Lafayette Chancery.

CA01-975. Christy Honeycutt v. Donald Wilbur Fanning, from Sharp Circuit.

CA01-978. Kenneth Arnold et ux. v. Stanley Leblanc et ux., from Pulaski Chancery, First Division.

CA01-1020. Harlan Fleece et ux. v. Bill Kankey et ux., from Fulton Chancery.

CA01-1076. Al Morgan v. Century 21 Perry Real Estate, from Polk Circuit.

CA01-1107. Rogers Tool Works et al. v. Jerry Black, from Workers' Compensation Commission.

CA01-1112. Superior Surgical Manufacturing et al. v. Mary E. Pride, from Workers' Compensation Commission.

CA01-1123. Grant Harasyn et ux. v. The St. Paul Guardian Insurance Company, from Benton Circuit.