Fleece v. Kankey (Neal, J.) CA01-1020

Damages -- Injuries to trees on another's land; treble-damages remedy required showing of intentional wrongdoing; double-damages remedy may apply to less than intentional conduct; trial court appeared to have relied entirely on question of market value in determining damages for loss of trees; reversed & remanded. [HTML, WP5.1]

King v. State (Robbins, J.) CACR01-446

Criminal procedure -- Stop & detention under Ark. R. Crim. P. 3.1; facts insufficient to validate interaction; appellant's freely given statement created probable cause to seize contraband & arrest appellant; trial court's denial of appellant's motion to suppress not clearly erroneous. [HTML, WP5.1]

Wrightsell v. Johnson (Griffen, J.) CA01-473

Trusts -- Constructive trusts; decision to impose not clearly erroneous; chancellor's findings inconsistent with relief granted; reversed & remanded for further proceedings. [HTML, WP5.1]

Branson v. Director (Griffen, J.) (dissent only) E02-028 [HTML, WP5.1]

Brady v. Brady, CA 01-949 (Bird, J.), affirmed April 3, 2002. [HTML, WP5.1]

Gardea v. State, CA CR 01-926 (Vaught, J.), affirmed April 3, 2002. [HTML, WP5.1]

Krimmel v. State, CA CR 01-589 (Pittman, J.), affirmed April 3, 2002. [HTML, WP5.1]

Landers v. Jameson, CA 01-269 (Baker, J.), reversed and remanded April 3, 2002. [HTML, WP5.1]

Petty v. State, CA CR 01-1173 (Roaf, J.), affirmed April 3, 2002. [HTML, WP5.1]

Superior Surgical Mfg. v. Pride, CA 01-1112 (Robbins, J.), affirmed April 3, 2002. [HTML, WP5.1]

Walton v. State, CA CR 01-750 (Robbins, J.), affirmed April 3, 2002. [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-589. Billy Krimmel v. State of Arkansas, from Garland Circuit. Affirmed. Neal and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-446. Jeffrey Michael King v. State of Arkansas, from White Circuit. Affirmed. Crabtree, J., agrees. Roaf, J., concurs. (7 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CACR01-750. Edward Walton v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1112. Superior Surgical Manufacturing et al. v. Mary E. Pride, from Workers' Compensation Commission. Affirmed. Hart and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-949. Thomas Ranel Brady, Jr. v. Laura A. Brady, from Lafayette Chancery. Affirmed. Vaught, J., agrees. Roaf, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-473. Audrey Wrightsell v. Lott Johnson, from Lonoke Chancery. Reversed and Remanded. Hart, Robbins, and Neal, JJ., agree. Stroud, C.J., and Roaf, J., dissent. (8 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-1020. Harlan Fleece and Nancy Fleece v. Bill Kankey and Charlotte Kankey, from Fulton Chancery. Reversed and Remanded. Pittman and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-926. Alejandro Gardea v. State of Arkansas, from Pope Circuit. Affirmed. Bird and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-269. Gil Landers et al. v. Ken Jameson, from Pulaski Circuit. Reversed and Remanded. Hart and Robbins, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1173. Ronald D. Petty v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CACR00-983. Carl Cook v. State of Arkansas, from Pope Circuit.

CA00-855. Alltel Arkansas, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Vaught and Baker, JJ., would grant.

CA00-1109. Consumer Utilities Rate Advocacy Division of the Arkansas Attorney General's Office et al. v. Arkansas Public Service Commission, from Public Service Commission.

Vaught and Baker, JJ., would grant.

CA01-745. Betty Gerrald v. Douglas Tobacco Products, Inc., National Fire Insurance Company and Second Injury Fund, from Workers' Compensation Commission.

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, Western District.

CA01-895. Lewis C. Cole, Administrator v. Gloria A. Cole, from Lonoke Probate.

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CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for extension of time to lodge supplemental record and to file rebriefing is granted.

CACR00-1466. James Odom v. State of Arkansas, from Saline Circuit. Appellant's motion to supplement the record and to submit a substituted abstract and brief is granted. Substituted abstract and brief due May 3, 2002.

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellee's motion to recall mandate is denied.

CACR01-518. Cynthia Brannon and Amanda Boren v. State of Arkansas, from Pope Circuit. Appellants' motion to file substituted abstract and brief and for brief time is granted.

CACR01-632. Daniel Larone Cuningkin, Jr. v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr. for attorney's fees is granted. Allowed $900.00.

CACR01-748. Rene Charles Taylor v. State of Arkansas, from Pope Circuit. Motion of Lynn Lisk to withdraw as counsel for appellant is denied.

CACR01-921. Wilford Chambers v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees is granted. Allowed $700.00.

CACR01-1014. Kevin Brasel v. State of Arkansas, from Boone Circuit. Appellee's motion to dismiss appeal is granted.

CACR01-1128. Justin Dukes v. State of Arkansas, from Clark Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due April 18, 2002.

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

CACR01-1437. Rudolph Zangerl III v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file belated brief is granted. Appellant's brief due May 3, 2002.

CACR02-4. Donnie Rayford, Sr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is granted.

CACR02-63. Jennifer Guest v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief is granted. Appellant's brief due May 3, 2002.

CA01-598. HRR Arkansas, Inc. v. Rivercity Contractors, Inc. et al., from Pulaski Chancery, Fourth Division. Appellees' motion for additional brief time is granted. Stroud, C.J., and Robbins, J., would make this final extension.

CA01-790. Edmundo Rogers v. Cynthia Ann Rogers, from Benton Chancery. Appellant's motion for expedited consideration is granted. Crabtree, J., not participating.

CA01-834. Frank Hill v. Central Arkansas Equipment & Supply, Inc., from Pulaski Circuit, Third Division. Appellee's motion for attorney's fees and costs is granted. Allowed $1,000.00.

CA01-947. James Virgil Parks v. State of Arkansas, from Little River Chancery. Appellant's motion to file brief under new rules is denied. Appellant's brief due May 3, 2002.

CA01-1082. Brandy Stephens et al. v. Robert A. Petrino, M.D. et al., from Benton Circuit. Appellants' motion to file supplemental addendum is granted. Addendum deemed supplemented.

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

CA02-98. Cannon Remodeling & Painting, Inc. v. The Marketing Company, Inc., from Pulaski Circuit, Fourteenth Division. Appellant's motion to supplement the record is denied. Appellant's brief due May 3, 2002.

E02-28. Peggy L. Branson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied. Griffen, J., dissents. (3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

CA01-711. Smith Auto Salvage et al. v. City of Pine Bluff, Arkansas, from Jefferson Chancery.

CA01-744. Dale Davis v. Lane Amos Concrete Construction, from Workers' Compensation Commission.

CA01-1006. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Theretha Holmes, from Workers' Compensation Commission.

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CACR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Motion of Kelly J. Adkins for attorney's fees.

CACR01-751. Patrick Stinnett v. State of Arkansas, from Crittenden Circuit. Motion of Janea Spades for attorney's fees.

CA01-530. Karen Diemer v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Motion of DeeNita Moak for attorney's fees and costs.

CA01-850. Atwood Distributing v. Dana Rendeluk, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA01-1189. Edmundo Rogers v. Cynthia Ann Rogers, from Benton Circuit. Appellant's motion for expedited consideration.

CA01-1192. Edmundo Rogers v. Cynthia Ann Rogers, from Benton Circuit. Appellant's motion for expedited consideration.

CA01-1353. Rosalind A. Martin v. Paul E. Martin, from Fulton Circuit. Appellant's motion for additional brief time.

CA02-212. Diane Harrison et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Motion of Therese M. Free to withdraw as counsel for appellant.

CACR01-849. Antonio Lenoir v. State of Arkansas, from Cross Circuit.

CACR01-946. Darren L. Tucker v. State of Arkansas, from Grant Circuit.

CACR01-1179. Sherman Lavelle Guy v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA01-658. Tonnie Norton v. Pulaski County Industrial Development Corporation, from Pulaski Circuit, Third Division.

CA01-813. Steven H. Anderson v. Roy Ross Ford Lincoln Mercury et al., from Workers' Compensation Commission.

CA01-928. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA01-1031. Tyrone Lewis v. Reed Lewis Temporaries et al., from Workers' Compensation Commission.

CA01-1055. Arkansas Department of Human Services v. Heather Avaritt et al., from Faulkner Chancery.

CA01-1074. Sandra Bishop v. Crary Mac Norton, from Jefferson Circuit.

CA01-1094. Chrisshannon Walters v. Arkansas Department of Human Services et al., from Pulaski Circuit, Eighth Division.

CA01-1141. Robert Boxley v. Kathy S. Boxley, from Poinsett Circuit.

CA01-1184. Volvo Commercial Finance v. Bobby Lard et al., from Crittenden Circuit.

CA01-1211. Yellow Freight System v. Truman Parker, from Workers' Compensation Commission.

CA01-1214. Amos C. Trubey v. Bettye Gray et al., from Dallas Circuit.

CA01-1250. Vincent Davie v. Office of Child Support Enforcement, from Pulaski Circuit, Eleventh Division.

CA01-1256. Clayton Kidd Logging Company et al. v. Kevin McGee, from Workers' Compensation Commission.

CA01-1282. Wal-Mart Stores, Inc. et al. v. Jerrell Westbrook, from Workers' Compensation Commission.

CA01-1350. Bob J. McAdams v. W. Kendall Faulk, DVM, from Pulaski Circuit, Third Division.