Alfano v. Alfano (Vaught, J.) CA01-1016

Parent & child -- Child-support determination; deviation from chart amount; case reversed because chancellor failed to follow proper procedure; inconsistency between child-support award & amount that resulted from application of chart was material change in circumstances sufficient for appellant to petition for review & adjustment of child support. [HTML, WP5.1]

Cook v. State (Griffen, J.) CACR01-368

Criminal law -- Sufficient evidence of aggravated robbery, first-degree murder, & misdemeanor theft; trial court did not err in denying directed-verdict motion where evidence was overwhelming that appellant acted as accomplice; testimony by appellant & other witnesses independently corroborated evidence establishing commission of offenses & appellant's connection; trial court had rational basis for denying motion for lesser-included instruction on robbery. [HTML, WP5.1]

Farmers Coop. v. Biles (Pittman, J.) CA01-797

Workers' compensation -- Finding that appellee within healing period supported by substantial evidence; inability to perform remunerative labor with reasonable consistency; temporary disability deemed total; Ark. Code Ann. § 11-9-521(a) not intended to bar additional temporary total disability benefits following unsuccessful attempt to return to workforce; appellee never "returned to work" pursuant to statute. [HTML, WP5.1]

Gilbert v. Rainey (Griffen, J.) CA01-990

Deeds -- Support deeds; evidence sufficient to support finding that deed was support & was properly rescinded due to failure of consideration; chancellor did not err in admitting parol evidence or in awarding appellant small amount for reimbursement. [HTML, WP5.1]

Lamb v. State (Neal, J) CACR01-846

Criminal procedure -- Police-citizen encounter; investigative stop; officer had no particularized, specific or articulate reason to stop appellant; appellant's stop constituted impermissible stop & detainment under Ark. R. Crim. P. 3.1; trial court's denial of motion to suppress reversed. [HTML, WP5.1]

Morris v. Rush (Robbins, J.)(originally delivered as unpublished opinion January 9, 2002) CA01-672

Fraud -- Appellants had notice of cracking & evidence of settlement before contract became final; trial court did not err in ruling that appellants were not fraudulently induced by appellees to enter into contract of sale. [HTML, WP5.1]

Area Agency on Aging v. McGuire, CA 01-905 (Crabtree, J.), affirmed March 20, 2002. [HTML, WP5.1]

Brannon v. State, CA CR 01-518 (Per Curiam), Appellant's Motion for Clarification & to Stay Briefing Schedule granted March 20, 2002. [HTML, WP5.1]

Candelaria v. State, CA CR 01-1046 (Neal, J.), affirmed March 20, 2002. [HTML, WP5.1]

Caple v. Lambert, CA 01-863 (Robbins, J.), affirmed March 20, 2002. [HTML, WP5.1]

Clark v. Wal-Mart Stores, Inc., CA 01-652 (Crabtree, J.), reversed & remanded March 20, 2002. [HTML, WP5.1]

Crews v. Crews, CA 01-786 (Baker, J.), affirmed as modified March 20, 2002. [HTML, WP5.1]

Cross v. Ouachita R.R., Inc., CA 01-648 (Neal, J.), affirmed; remanded in part March 20, 2002. [HTML, WP5.1]

Faucher v. Bitzer, CA 01-526 (Bird, J.), affirmed March 20, 2002. [HTML, WP5.1]

Fulcher v. State, CA CR 01-353 (Roaf, J.), affirmed March 20, 2002. [HTML, WP5.1]

Grant v. Meek, CA 01-929 (Baker, J.), affirmed March 20, 2002. [HTML, WP5.1]

Holmesley v. Walk, CA 01-1121 (Pittman, J.), reversed & remanded March 20, 2002. [HTML, WP5.1]

Jones v. Jones, CA 01-567 (Neal, J.), affirmed March 20, 2002. [HTML, WP5.1]

Loring v. Loring, CA 01-998 (Stroud, C.J.), affirmed March 20, 2002. [HTML, WP5.1]

Morning v. State, CA CR 01-1041 (Stroud, C.J.), reversed & dismissed March 20, 2002. [HTML, WP5.1]

Shepherd v. Combs, CA 01-494 (Hart, J.), affirmed March 20, 2002. [HTML, WP5.1]

Smith Auto Salvage v. City of Pine Bluff, CA 01-711 (Vaught, J.), affirmed March 20, 2002. [HTML, WP5.1]

Stone v. Arkansas Dep't of Human Servs., CA 01-954 (Crabtree, J.), affirmed March 20, 2002. [HTML, WP5.1]

Summons v. State, CA CR 01-841 (Jennings, J.), affirmed March 20, 2002. [HTML, WP5.1]

Young v. State, CA CR 01-984 (Griffen, J.), affirmed March 20, 2002. [HTML, WP5.1]

Ballanger v. Director of Labor, E 01-252, March 20, 2002.

Frey v. Director of Labor, E 01-258, March 20, 2002.

Friend v. Director of Labor, E 01-248, March 20, 2002.

Hartsell v. Director of Labor, E 01-254, March 20, 2002.

Johnston v. Director of Labor, E 01-247, March 20, 2002.

Martin v. Director of Labor, E 01-256, March 20, 2002.

McGhee v. Director of Labor, E 01-249, March 20, 2002.

Reed v. Director of Labor, E 01-232, March 20, 2002.

Sanders v. Director of Labor, E 01-246, March 20, 2002.

Sitzer v. Director of Labor, E 01-251, March 20, 2002.

Tramel v. Director of Labor, E 01-253, March 20, 2002.

Vaughn v. Director of Labor, E 01-255, March 20, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-1041. Robert Lee Morning v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Dismissed. Jennings and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-998. Alfred Loring v. Cathy Loring, from Pulaski Chancery, Sixth Division. Affirmed. Jennings and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-797. Farmers Cooperative v. Sidney Biles, from Workers' Compensation Commission. Affirmed. Robbins, Bird, and Baker, JJ., agree. Neal, J., concurs. Roaf, J., dissents. (6 PAGES + 3-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-1121. Dennis Holmesley v. Chris Walk and Spouse, from Johnson Circuit. Reversed and Remanded. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Circuit. Affirmed. Robbins and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-841. Frank Summons v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-863. Kathy (Lambert) Caple v. Jerry L. Lambert, from Calhoun Chancery. Affirmed. Hart and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-526. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery. Affirmed. Griffen and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-368. Denaro Shatour Cook v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., Jennings, Vaught, and Roaf, JJ., agree. Pittman, Hart, Robbins, and Neal, JJ., concurring in part and dissenting in part. (19 PAGES + 5-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CACR01-984. Tyranza Pat Young v. State of Arkansas, from Phillips Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-990. Donna Ruth Gilbert, by and through her Guardian, Tracey Roberts v. Inez K. Rainey, from Pulaski Circuit, Twelfth Division. Affirmed. Stroud, C.J., and Jennings, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-846. Gregory Lamb v. State of Arkansas, from Craighead Circuit. Reversed and Remanded. Hart and Jennings, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-1046. Henry Candelaria v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree, J., agrees. Pittman, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-567. Diana Louise Jones (Davidson) v. Charles David Jones, from Washington Chancery. Affirmed. Hart and Jennings, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-648. William Cross and Shelli Cross, d/b/a Cross Roofing and Sheet Metal v. Ouachita Railroad, Inc., from Union Chancery. Affirmed; Remanded in Part. Pittman and Crabtree, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA01-711. Smith Auto Salvage et al. v. City of Pine Bluff, Arkansas, from Jefferson Chancery. Affirmed. Pittman, J., agrees. Stroud, C.J., concurs. (7 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA01-1016. Tom Alfano v. Kellie Dawn Alfano, from Pulaski Chancery. Reversed and Remanded. Bird and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-652. Kelly Otto Clark v. Wal-Mart Stores, Inc. and Claims Management, Inc., from Workers' Compensation Commission. Reversed and Remanded. Robbins and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-905. Area Agency on Aging and Risk Management Resources v. Donna McGuire, from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-954. Cynthia Diane Stone et al. v. Arkansas Department of Human Services, from Miller Chancery, Juvenile Division. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-786. Gary R. Crews v. Laura Crews, from Washington Chancery. Affirmed as Modified. Bird and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-929. Elizabeth Grant v. Gary N. Meek, M.D., from Saline Circuit. Affirmed. Hart and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Affirmed. Bird and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [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).

E01-232. 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.

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

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

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CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR01-518. Cynthia Brannon and Amanda Boren v. State of Arkansas, from Pope Circuit. Appellant's motion for clarification and to stay briefing schedule is granted. See per curiam this date. Griffen and Roaf, JJ., would deny. Neal, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-683. Jimmy Europe, Jr. v. State of Arkansas, from Howard Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR01-707. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $1,000.00.

CACR01-904. Antonio Ladell Baker v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for transcript is denied.

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for additional brief time is granted. Griffen, J., would make this final extension.

CACR01-1280. Micah Eugene Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time is granted. Griffen, J., would make this final extension.

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

CA01-672. Ron Morris et al. v. Ben Rush et al., from Pulaski Circuit, Fifth Division. Motion to designate opinion for publication is granted. (9 PAGES PUBLISHED) [HTML, WP5.1]

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

CA01-799. Norman "Butch" Stone et al. v. Pat Pico et al., from Pulaski Circuit, Third Division. Argued orally.

CACR00-1274. Christopher N. Jones v. State of Arkansas, from Crittenden Circuit.

CACR01-748. Rene Charles Taylor v. State of Arkansas, from Pope Circuit.

CACR01-968. Lee Dunsworth v. State of Arkansas, from Pope Circuit.

CA01-811. Mary Miller v. Meyers Bakeries, Inc. et al., from Workers' Compensation Commission.

CA01-908. Yen My Tran Vo v. Hoa Van Vo, from Sebastian Chancery, Greenwood District.

CA01-919. Leigh Ann Huff v. State of Arkansas, from Perry Circuit.

CA01-987. Eddie Reed v. Smith Steel, Inc., from Desha Circuit, Arkansas City District.

CA01-991. Debra L. Burnett v. Philadelphia Life Insurance Company, from Conway Circuit.

CA01-1026. John Baker v. Joel Campora, from Polk Circuit.

CA01-1092. Bonnie K. Williams v. Sue Walker, from Phillips Circuit.

CA01-1093. Lovell Johnson, II v. Arkansas Department of Human Services et al., from Pulaski Circuit, Eighth Division.

CA01-1138. John Cannon Gibson et ux. v. Susan E. Brooks et al., from Garland Circuit.

CA01-1151. David Baker et ux. v. The House Doctors Handyman Service et al., from Pulaski Circuit, Third Division.

CA01-1163. Christopher Patrick Taylor v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA01-1198. Brandon Hardman v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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

E01-149. Dorothy A. Peevy v. Director et al.

E01-177. European Motorsport Company v. Director et al.

E01-259. Shirley A. Platz v. Director et al.

E01-260. Michelle Badgett v. Director et al.

E01-261. Frank E. Dobbins v. Director et al.

E01-262. Tonya D. Higgins v. Director et al.

E01-263. Charles R. Higbee v. Director et al.

E01-264. Steve Sibert v. Director et al.

E01-265. Steve R. McCormick v. Director et al.

E01-267. Loyd W. Cox v. Director et al.

E01-269. La'Vette S. Thomas v. Director et al.

E01-270. Freddie Clements v. Director et al.

E01-271. Mitchell C. Hamm v. Director et al.

E01-272. Sherry L. Butler v. Director et al.