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

Opinions delivered
April 10, 2002


Download ZIP file containing today's published WP5.1 files.
Download ZIP file containing today's unpublished WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

Daniels v. Arkansas Dep't of Human Servs. (Jennings, J.) CA01-911

Worker's compensation -- "Going and coming" rule applied; appellant not engaged in work-related travel at time of accident; Commission's decision affirmed. [HTML, WP5.1]

Davis v. State (Baker, J.) CACR01-509

Criminal law -- Aggravated-robbery conviction; supported by substantial circumstantial evidence. [HTML, WP5.1]

Hendrickson v. State (Bird, J.) CA01-714

Parent & child -- Equitable estoppel may be used to prevent enforcement of child-support orders; matter reversed & remanded where chancellor refused to consider doctrine. [HTML, WP5.1]

Reed v. Smith Steel, Inc. (Vaught, J.) CA01-987

Principal & agent -- Agency; finding that third party was appellant's agent not clearly against preponderance of evidence; appellant accepted benefits of agent's acts & was properly held responsible for them; finding that principal received materials not clearly against preponderance of evidence; attorney's fees properly awarded to appellee. [HTML, WP5.1]

Walker v. State (Vaught, J.) CACR01-941

Criminal law -- No substantial evidence supported finding of constructive possession of contraband; reversed & dismissed. [HTML, WP5.1]

Williams v. Walker (Hart, J.) CA01-1092

Damages -- Appellee was competent to testify about medical expenses resulting from accident; trial court did not abuse its discretion in permitting appellee to testify pursuant to statute. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arnold v. LeBlanc, CA 01-978 (Griffen, J.), affirmed April 10, 2002. [HTML, WP5.1]

Baker v. House Doctors Handyman Serv., CA 01-1151 (Roaf, J.), affirmed April 10, 2002. [HTML, WP5.1]

European Motorsport Co. v. Director, E 01-177 (Crabtree, J.), April 10, 2002. [HTML, WP5.1]

Gibson v. Brooks, CA 01-1138 (Neal, J.), affirmed April 10, 2002. [HTML, WP5.1]

Hardman v. State, CA 01-1198 (Neal, J.), affirmed April 10, 2002. [HTML, WP5.1]

Huff v. State, CA 01-919 (Stroud, C.J.), reversed and dismissed April 10, 2002. [HTML, WP5.1]

King v. Arnold, CA 01-853 (Hart, J.), reversed and dismissed April 10, 2002. [HTML, WP5.1]

Miller v. Meyers Bakeries, Inc., CA 01-811 (Crabtree, J.), affirmed April 10, 2002. [HTML, WP5.1]

Rouse v. State, CA CR 01-336 (Hart, J.), affirmed April 10, 2002. [HTML, WP5.1]

Stone v. Pico, CA 01-799 (Robbins, J.), affirmed April 10, 2002. [HTML, WP5.1]

Taylor v. State, CA 01-1163 (Griffen, J.), affirmed April 10, 2002. [HTML, WP5.1]

Thornton v. State, CA CR 01-1152 (Baker, J.), affirmed April 10, 2002. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Badgett v. Director of Labor, E 01-260, April 10, 2002.

Butler v. Director of Labor, E 01-272, April 10, 2002.

Clements v. Director of Labor, E 01-270, April 10, 2002.

Cox v. Director of Labor, E 01-267, April 10, 2002.

Dobbins v. Director of Labor, E 01-261, April 10, 2002.

Hamm v. Director of Labor, E 01-271, April 10, 2002.

Higbee v. Director of Labor, E 01-263, April 10, 2002.

Higgins v. Director of Labor, E 01-262, April 10, 2002.

McCormick v. Director of Labor, E 01-265, April 10, 2002.

Platz v. Director of Labor, E 01-259, April 10, 2002.

Sibert v. Director of Labor, E 01-264, April 10, 2002.

Thomas v. Director of Labor, E 01-269, April 10, 2002.


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-919. Leigh Ann Huff v. State of Arkansas, from Phillips Circuit. Reversed and Dismissed. Jennings and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-336. Deborah Rouse v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-853. Jesse and Sandra King v. James Arnold, from Phillips Circuit. Reversed and Dismissed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1092. Bonnie K. Williams v. Sue Walker, from Phillips Circuit. Affirmed. Robbins and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA01-911. Debbie Daniels v. Arkansas Department of Human Services, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Griffen, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-799. Norman "Butch" Stone and The Concert Company v. Pat Pico and Gary Gulu, from Pulaski Circuit. Affirmed. Hart and Baker, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-714. Ernest W. Hendrickson v. State of Arkansas, Office of Child Support Enforcement ex rel. Tina D. Henderson (Now Feast), from Benton Chancery. Reversed and Remanded. Neal, Baker, and Roaf, JJ., agree. Pittman and Robbins, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-978. Kenneth Arnold and Pamela Arnold v. Stanley LeBlanc and Muriel LeBlanc, from Pulaski Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1163. Christopher Patrick Taylor v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-1138. John Canon Gibson and Shirley Gibson v. Susan E. Brooks and Silvey Insurance Companies, from Garland Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1198. Brandon Hardman v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Pittman and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-941. Larry Walker v. State of Arkansas, from Faulkner Circuit. Reversed and Dismissed. Hart, Bird, Griffen, Neal, and Baker, JJ., agree. Stroud, C.J., Pittman and Jennings, JJ., dissent. (4 PAGES + 3-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-987. Eddie Reed v. Smith Steel, Inc., from Desha Circuit. Affirmed. Bird and Roaf, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-811. Mary Miller v. Meyers Bakeries, Inc. and Insurisk, from Workers' Compensation Commission. Affirmed. Neal, J., agrees. Pittman, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-177. European Motorsport Company v. Director, Employment Security Department and Kelli D. Kemp, from Board of Review. Affirmed. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-509. Rosetta Marie E. Davis v. State of Arkansas, from Independence Circuit. Affirmed. Robbins, Bird, Griffen, Crabtree, and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-1152. Danny H. Thornton v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA01-1151. David and Linda Baker v. The House Doctors Handyman Service and Charles Marratt, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

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.

PER CURIAM ORDERS

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

CA01-711. Smith Auto Salvage Company 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.

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

CACR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Motion of Kelly J. Adkins for attorney's fees is granted. Allowed $1,000.00.

CACR01-509. Rosetta Davis v. State of Arkansas, from Independence Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR01-751. Patrick Stinnett v. State of Arkansas, from Crittenden Circuit. Motion of Janea Spades for attorney's fees is granted. Allowed $1,000.00.

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

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

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

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

CA02-74. Eric Holloway et ux. v. Riley's Oak Hill Manor, Inc., from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal is denied. See Holloway v. Arkansas State Bd. of Architects, 348 Ark. ___, ___ S.W.3d ___ (April 4, 2002). Griffen, Neal, and Crabtree, JJ., not participating.

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 is granted.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA01-526. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division.

CA01-743. Pearl V. Pritchett v. Lewis Lumber & Manufacturing Company and Compensation Managers, Inc., from Workers' Compensation Commission.

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

CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to stay mandate to petition the United States Supreme Court for writ of certiorari.

CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for stay of mandate and for leave to petition for writ of error coram nobis.

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Motion of Joel O. Huggins to withdraw as counsel for appellant.

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Motion of Joel O. Huggins for attorneys' fees.

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

CACR02-57. Undra M. Singleton v. State of Arkansas, from Ashley Circuit. Motion of Don G. Gillaspie to be relieved as counsel for appellant and for appointment of new counsel.

CACR02-58. Roberto Daco Cabral v. State of Arkansas, from Benton Circuit. Motion of Dale Varner to withdraw as counsel for appellant and for brief time.

CA01-311. General Electric Company v. Lila Gilbert, from Craighead Circuit, Eastern District. Appellee's motion for attorney's fees and costs.

CA01-896. Basler Electric Company, Inc. et al. v. Wanda S. Lamb, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs.

CA01-1139. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty Company et al., from Benton Circuit. Motion of appellees, Lexington Insurance Company and Houston Casualty Company, to strike portions of appellant's reply brief.

CA01-1140. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty Company et al., from Benton Circuit. Motion of appellee, Lexington Insurance Company, to strike portions of appellant's reply brief.

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

E01-250. James R. Grier v. Director et al., from Board of Review. Appellant's motion for additional brief time.

SUBMISSIONS

CA01-1139. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty et al., from Benton Circuit. Argued orally.

CA01-1140. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty et al., from Benton Circuit. Argued orally.

CACR01-838. Thomas A. Hart v. State of Arkansas, from Cleveland Circuit.

CACR01-854. Dean Runke v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-962. Kason Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-976. John Hewitt, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-988. Benjamin Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-1018. Carol Crockett v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1245. Doris Eiland v. State of Arkansas, from Union Circuit.

CA01-724. Jan Olav Vaag v. Jinger Vaag, from Searcy Chancery.

CA01-1027. Clyde Lester Little, Jr. v. Donna Ruth Little, from Pope Chancery.

CA01-1053. Sterling K. Walburn v. Bill Law, Executor, from Benton Probate.

CA01-1118. Steven C. Schueller v. Allison G. Schueller, from Ashley Chancery.

CA01-1162. Deborah Ann Barnes v. Wilburt L. Barnes, from Lonoke Chancery.

CA01-1183. Jag Consulting f/k/a Glad Industries, Inc. v. Gerald Eubanks, from Ashley Circuit.

CA01-1187. Regions Bank v. Michael Hagaman, M.D., from Baxter Circuit.

CA01-1254. Jeff Wilson et ux. v. Glenbrook Subdivision Property Owner's Association, from Benton Circuit.

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

E01-117. The Right Solutions v. Director et al.

E01-162. Yvette P. Lovelace v. Director et al.

E01-169. Everett W. Rowton v. Director et al.

E01-176. Gregg Willison v. Director et al.

E01-273. Dawn R. Haught v. Director et al.

E01-274. Candice R. Freeland v. Director et al.

E01-275. Christy L. Puckett v. Director et al.

E01-276. Sharon J. McGlothin v. Director et al.

E01-277. Kristi Seals v. Director et al.

E01-278. John R. Sanders v. Director et al.

E01-280. David Armes v. Director et al.

E01-281. Federal Reserve Bank v. Director et al.

E01-282. Karen S. Cathey v. Director et al.