White v. Priest (Glaze, J.) 02-284

Elections -- Request for declaratory judgment finding ballot title and popular name sufficient; review granted; supreme court lacked original jurisdiction; claim for illegal exactions dismissed; identical issues previously dealt with; show-cause order issued; all allegations previously dealt with by court dismissed. [HTML, WP5.1]

Davenport v. Lee (Corbin, J.) 01-456

Civil procedure -- Common-defense doctrine applicable with respect to appellees' right to assert defense of limitations; filing of complaint commenced action; statute of limitations not tolled where appellants were represented by counsel at time service was completed; any argument that appellants were entitled to pursue wrongful-death action pro se was meritless; filing of complaint by appellants constituted unauthorized practice of law; dismissal of action proper where appellants failed to file proper cause of action within limitations period. [HTML, WP5.1]

St. Paul Mercury Ins. Co. v. Circuit Court of Craighead County (Hannah, J.) 01-1311

Prohibition, writ of -- Jurisdiction of trial court depended on legal question; writ of prohibition proper method to obtain review of jurisdiction; parties filing pro se complaint lacked standing; later filing by same parties as appointed administrators came after expiration of statute of limitations; amended complaint substituted entirely new plaintiffs; amended complaint was in effect entirely new lawsuit; petition for writ of prohibition granted. [HTML, WP5.1]

Three Sisters Petroleum, Inc. v. Langley (Corbin, J.) 02-162

Injunction -- Appellees failed to demonstrate irreparable harm or reasonable possibility of success; case was not rare circumstance warranting injunction of foreign suit; trial court abused discretion in issuing restraining order; reversed & remanded. [HTML, WP5.1]

Ware v. State (Corbin, J.) CR01-910

Motions -- Trial court did not err in denying motion to quash information; trial court did not err in refusing to grant motion for directed verdict where State proved corpus delicti; trial court did not err in finding appellant competent to stand trial; lack of diligence was sufficient basis for trial court's denial of motion for continuance. [HTML, WP5.1]

Allen v. State, CR 01-547 (Per Curiam), affirmed April 11, 2002. [HTML, WP5.1]

Arnold v. State, CR 01-277 (Per Curiam), reversed and remanded April 11, 2002. [HTML, WP5.1]

Berger v. Reynolds, CR 02-41 (Per Curiam), Pro Se Petition for Writ of Mandamus moot April 11, 2002. [HTML, WP5.1]

Brothers v. State, CR 02-36 (Per Curiam), affirmed April 11, 2002. [HTML, WP5.1]

Douthitt v. State, CR 01-1 (Per Curiam), appeal dismissed April 11, 2002. [HTML, WP5.1]

Gaines v. State, CR 02-101 (Per Curiam), Motion for Extension of Time to File Brief granted; Motion for Appointment of counsel denied; Motion for Leave to File Overlength Brief denied April 11, 2002. [HTML, WP5.1]

Troub v. Patterson, CR 02-200 (Per Curiam), Pro Se Petition for Writ of Mandamus moot April 11, 2002. [HTML, WP5.1]

Worthem v. State, CR 01-1207 (Per Curiam), Petition for Rehearing denied April 11, 2002. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-284. Robert White et al. v. Sharon Priest et al., An Original Action. Granted in Part and Dismissed in Part, Motion to Expedite Granted; Motion Suggesting Disqualification Denied. (Proceedings of April 10, 2002). (13 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-910. Alex Ware v. State of Arkansas, from St. Francis Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

01-456. Ron and Ramona Davenport, As the Administrators of the Estate of Linda Kay Moore, Deceased, or in the Alternative, Ron and Ramona Davenport, Individually and as the Heirs at Law of Linda Kay Moore, Deceased, on Behalf of Themselves and All Other Heirs at Law of the Deceased, or All Who are Entitled to Legal Redress for the Death of Linda Kay Moore, Deceased v. Tyrone Lee, M.D.; Conway Regional Medical Center; Craig Cummins, M.D.; and James Throneberry, M.D., from Faulkner Circuit. Circuit Court Affirmed; Court of Appeals Reversed. Howard W. Brill, Special Justice, joins. Imber, J., concurs. Glaze, J., not participating. (17 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

02-162. Three Sisters Petroleum, Inc.; Larry Oswald; James Morris; and Union Producing, L.L.C. v. Jerry Langley, Individually and d/b/a Jerry Langley Oil Company; Jerry Langley Oil Company, L.L.C.; J.C. Langley; Gary Sewell; Richard Hill; Russell Clay Murphy; Rodney Landes, Sr.; Steve Rogers; John Milam and Glenn Sams, from Union Circuit. Reversed and Remanded. (14 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-1311. St. Paul Mercury Insurance Company v. Circuit Court of Craighead County, Western District, from Craighead Circuit. Writ of Prohibition Granted. Imber, J., concurs. Glaze, J., not participating. (9 PAGES + 8-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-1. Ralph Douthitt v. State of Arkansas, from Independence Circuit. Appeal dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-277. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-547. Kevin Allen v. State of Arkansas, from Grant Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-36. Larry D. Brothers v. State of Arkansas, from Jackson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR00-1475. David Griffen v. State of Arkansas, from Craighead Circuit, Western District.

01-252. First United Bank v. Phase II, Edgewater Addition Residential Property Owners Improvement District No. 1 et al., from Pulaski Chancery, Fourth Division.

01-860. Sherry C. Faulkner v. Arkansas Children's Hospital et al., from Pulaski Circuit, Fifth Division.

01-885. James Hathcock et al. v. Arkansas Department of Human Services et al., from Pulaski Chancery, Tenth Division.

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REVIEW DENIED: Petition for review was denied today in the following case.

02-209. Poinsett County Sheriff's Department et al. v. Edward O'Brien, from Workers' Compensation Commission.

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CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's unopposed motion to file enlarged brief granted.

CR00-1275. William Eugene Langley v. State of Arkansas, from Crawford Circuit. Appellant's motion to submit brief under new Supreme Court Rule 4-2 granted.

CR01-277. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to expedite and for other relief denied.

CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to stay briefing schedule granted. 30 days.

CR01-1249. Obdulio M. Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for extension of time to return writ granted. See per curiam of December 13, 2001. Extended to April 24, 2002. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1271. State of Arkansas v. Eugene Hulum, from Pulaski Circuit, First Division. Appellant's motion to waive compliance with Arkansas Supreme Court Rule 4-2(a) (5) as to a videotape granted.

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Appellee's motion to file an enlarged brief moot.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Honorable Mike Huckabee, Governor, from Pulaski Chancery, Second Division. Appellant's motion to expedite granted.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Honorable Mike Huckabee, Governor, from Pulaski Chancery, Second Division. Appellant's motion for modification of the requirements of this court's rules denied.

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Appellees' motion to dismiss appeal denied.

01-1435. Southern Farm Bureau Casualty Insurance Company v. Overtus Brinker, from St. Francis Circuit. Appellee's motion for fees and costs on appeal to be submitted with case.

02-115. Joe Whisenhunt et al. v. First State Bank of Conway, from Faulkner Circuit. Motion of Arkansas Realtors Association to file amicus curiae brief granted.

02-162. Three Sisters Petroleum, Inc. et al. v. Jerry Langley et al., from Union Circuit. Appellant's motion to dismiss moot. See opinion this date.

02-249. KPMG LLP v. Honorable Philip B. Purifoy, Judge, from Miller Circuit. Petition for writ of certiorari denied.

02-259. Baptist Health et al. v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Request for oral argument granted.

02-284. Robert White et al. v. Sharon Priest et al., An Original Action. Petition for review and other relief pursuant to Arkansas Constitution Amendment, and Acts implementing same, Act 877 of 1999, and Article 16, Section 13. Proceedings of April 10, 2002. See opinion this date.

02-284. Robert White et al. v. Sharon Priest et al., An Original Action. Petitioner's motion to expedite. Proceedings of April 10, 2002. See opinion this date.

02-284. Robert White et al. v. Sharon Priest et al., An Original Action. Petitioner's motion for recusal. Proceedings of April 10, 2002. See opinion this date.

02-294. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division. Appellee's motion for extension of time to file response to petition for review granted. 10 days.

CACR01-262. Steven Sanders v. State of Arkansas, from Newton Circuit. Appellant's motion for stay of mandate in order to petition for writ of certiorari granted. 90 days.

CA01-1228. Gale Hussman Arnold v. Camden News Publishing Company et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to certify appeal to the Arkansas Supreme Court granted. Brown and Imber, JJ., not participating

CR02-200. John Troub v. Honorable John S. Patterson, Judge, from Pope Circuit. Pro se petition for writ of mandamus moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-41. Russell Berger v. Honorable David Reynolds, Judge, from Faulkner Circuit. Pro se petition for writ of mandamus moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-101. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Motion for extension of time to file brief granted. Motion for appointment of counsel denied. Motion for leave to file overlength brief denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1207. Charles Worthem v. State of Arkansas, from Fulton Circuit. Petition for rehearing is denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

CR01-762. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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PETITIONS FOR REVIEW:

CR02-227. Carl Cook v. State of Arkansas, from Pope Circuit.

CR02-274. Kiesha Ilo v. State of Arkansas, from Faulkner Circuit.

CR02-292. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District.

02-257. Betty Gerrald v. Douglas Tobacco Products, Inc. et al., from Workers' Compensation Commission.

02-288. Lloyd Vickroy v. Brad Schaufler, from Fulton Circuit.

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CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Gene McKissic is ordered to appear and show cause today at 9:00 a.m.

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Motion to withdraw as counsel.

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Motion for extension of time to file brief and for Justice Corbin to recuse.

CR01-1295. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Appellee's motion to release exhibits.

CR02-317. Timothy Alan Ray v. State of Arkansas, from Lonoke Circuit. Motion for rule on the clerk.

01-507. Arkansas Game and Fish Commission et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Appellees' motion to file supplemental briefs.

01-1355. Tay-Tay, Inc. et al. v. Brandon Young et al., from Craighead Circuit, Western District. Appellants' motion to accept reply brief as tendered.

01-1356. F & G Financial Services, Inc. et al. v. Dorothy Barnes et al., from Craighead Circuit, Western District. Appellants' motion to accept reply brief as tendered.

01-1361. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District. Appellant's motion to accept reply brief as tendered.

01-1371. THE/FRE, Inc. et al. v. Sheila Martin et al., from Craighead Circuit, Western District. Appellants' motion to accept reply brief as tendered.

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Appellant's motion to reconsider motion to supplement record and include Alberta, Canada case decisions in addendum.

02-305. Hattie E. Crutchfield v. Greg Roussie et al., from Pulaski Circuit, Second Division. Motion for rule on the clerk.

CR00-760. Jason McGehee v. State of Arkansas, from Boone Circuit.

CR01-619. Darrel G. Spencer v. State of Arkansas, from Grant Circuit.

CR01-1240. Scharel Ann Burley v. State of Arkansas, from Washington Circuit.

01-1028. Denise Smith et al. v. Rogers Group, Inc. et al., from Faulkner Circuit.

01-1159. John Doe et al. v. Clyde Vaum et al., from Garland Circuit.

01-1309. Russell Eugene Loghry et al. v. Rogers Group, Inc. et al., from Faulkner Circuit.