Opinions delivered
April 24, 2002
Clayton Kidd Logging Co. v. McGee (Roaf, J.) CA01-1256
Workers' compensation -- Requirements for Ark. Code Ann. § 11-9-505(a) met; Workers' Compensation Commission's decision that appellant was entitled to receive additional compensation for a compensable injury affirmed. [HTML, WP5.1]
Hart v. State (Robbins, J.) CACR01-838
Evidence -- Testimony found relevant; no prejudice shown. [HTML, WP5.1]
JAG Consulting v. Eubanks (Roaf, J.) CA01-1183
Damages -- Conversion of personal items; no evidence in record that jury could look to in determining damages without resorting to speculation or conjecture; directed-verdict motion improperly denied; no error in allowing witness who had firsthand information to testify as to lost income; wife not party to action; trial court erred in allowing her to testify as to value of her separate property. [HTML, WP5.1]
Oliver v. State (Jennings, J.) CACR01-988
Criminal procedure -- Controverted confession; material witness; error not to require that detective who was in position to observe alleged coercion be called as witness; matter remanded for limited purpose of conducting new Denno hearing. [HTML, WP5.1]
Wal-Mart Stores, Inc. v. United States Fidelity & Guar. Co. (Baker, J.) CA01-1140
Jurisdiction -- Forum non conveniens; no abuse of discretion; record sufficient to allow trial court to exercise discretion. [HTML, WP5.1]
Walburn v. Law (Vaught, J.) CA01-1053
Wills -- Proof of will; testimony of attorney who drafted will but was not named as beneficiary can satisfy testimony requirement; ample evidence to support ruling that will was properly executed. [HTML, WP5.1]
Arkansas Dep't of Human Servs. v. Avaritt, CA 01-1055 (Jennings, J.), reversed April 24, 2002. [HTML, WP5.1]
Barnes v. Barnes, CA 01-1162 (Bird, J.), affirmed April 24, 2002. [HTML, WP5.1]
Burnett v. Philadelphia Life Ins. Co., CA 01-991 (Pittman, J.), appeal dismissed April 24, 2002. [HTML, WP5.1]
Clarendon Nat'l Ins. Co. v. Roberts, CA 01-1075 (Per Curiam), dismissed April 24, 2002. [HTML, WP5.1]
Crockett v. State, CA CR 01-1018 (Stroud, C.J.), affirmed April 24, 2002. [HTML, WP5.1]
Dunsworth v. State, CA CR 01-968 (Griffen, J.), affirmed April 24, 2002. [HTML, WP5.1]
Eiland v. State, CA CR 01-1245 (Neal, J.), affirmed April 24, 2002. [HTML, WP5.1]
Jones v. State, CA CR 00-1274 (Bird, J.), affirmed April 24, 2002. [HTML, WP5.1]
Little v. Little, CA 01-1027 (Stroud, C.J.), affirmed as modified April 24, 2002. [HTML, WP5.1]
McAdams v. Faulk, CA 01-1350 (Baker, J.), affirmed in part; reversed and remanded in part April 24, 2002. [HTML, WP5.1]
Norton v. Pulaski County Indus. Dev. Comm'n, CA 01-658 (Roaf, J.), affirmed April 24, 2002. [HTML, WP5.1]
Rogers Tool Works v. Black, CA 01-1107 (Pittman, J.), affirmed April 24, 2002. [HTML, WP5.1]
Runke v. State, CA CR 01-854 (Crabtree, J.), affirmed April 24, 2002. [HTML, WP5.1]
Schueller v. Schueller, CA 01-1118 (Crabtree, J.), affirmed April 24, 2002. [HTML, WP5.1]
Trubey v. Gray, CA 01-1214 (Griffen, J.), affirmed April 24, 2002. [HTML, WP5.1]
Tucker v. State, CA CR 01-946 (Bird, J.), affirmed April 24, 2002. [HTML, WP5.1]
Vaag v. Vaag, CA 01-724 (Robbins, J.), reversed and remanded April 24, 2002. [HTML, WP5.1]
Wal-Mart Stores, Inc. v. United States Fidelity & Guar. Co., CA 01-1139 (Griffen, J.), affirmed April 24, 2002. [HTML, WP5.1]
Armes v. Director of Labor, E 01-280, April 24, 2002.
Cathey v. Director of Labor, E 01-282, April 24, 2002.
Federal Reserve Bank v. Director of Labor, E 01-281, April 24, 2002.
Freeland v. Director of Labor, E 01-274, April 24, 2002.
Haught v. Director of Labor, E 01-273, April 24, 2002.
McGlothin v. Director of Labor, E 01-276, April 24, 2002.
Rowton v. Director of Labor, E 01-169, April 24, 2002.
Sanders v. Director of Labor, E 01-278, April 24, 2002.
Seals v. Director of Labor, E 01-277, April 24, 2002.
The Right Solutions v. Director of Labor, E 01-117, April 24, 2002.
Willison v. Director of Labor, E 01-176, April 24, 2002.
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR01-1018. Carol Crockett v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Pittman and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-1027. Clyde Lester Little, Jr. v. Donna Ruth Little, from Pope Circuit. Affirmed as Modified. Pittman and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA01-991. Debra L. Burnett v. Philadelphia Life Insurance Company, from Conway Circuit. Appeal Dismissed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-1107. Rogers Tool Works v. Jerry Black, from Workers' Compensation Commission. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CACR01-988. Benjamin Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division. Reversed and Remanded. Robbins and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA01-1055. Arkansas Department of Human Services v. John and Heather Avaritt, from Faulkner Chancery, Juvenile Division. Reversed. Stroud, C.J., and Griffen, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR01-838. Thomas A. Hart v. State of Arkansas, from Cleveland Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA01-724. Jan Olaf Vaag v. Jinger Vaag, from Searcy Chancery. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR00-1274. Christopher N. Jones v. State of Arkansas, from Crittenden Circuit. Affirmed. Vaught and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR01-946. Darren L. Tucker v. State of Arkansas, from Grant Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-1162. Deborah Ann Barnes v. Wilburt L. Barnes, from Lonoke Chancery. Affirmed. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR01-968. Lee Dunsworth v. State of Arkansas, from Pope Circuit. Affirmed. Stroud, C.J., agrees. Jennings, J., concurs. (11 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CA01-1139. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty Company et al., from Benton Circuit. Affirmed. Vaught and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-1214. Amos C. Trubey v. Bettye Gray and Charles Gray, from Dallas Circuit. Affirmed. Stroud, C.J., and Jennings, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR01-1245. Doris Eiland v. State of Arkansas, from Union Circuit. Affirmed. Hart and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA01-1053. Sterling K. Walburn v. Bill Law, Executor of the Estate of Irene Lessing, from Benton Probate. Affirmed. Griffen and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR01-854. Dean Runke v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-1118. Steven C. Schueller v. Allison G. Schueller, from Ashley Chancery. Affirmed. Jennings and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA01-1140. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty Company et al., from Benton Circuit. Affirmed. Griffen and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA01-1350. Bob J. McAdams v. W. Kendall Faulk, DVM; Vets and Pets, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Hart and Robbins, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CA01-658. Tonnie Norton v. Pulaski County Industrial Development Commission, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-1183. JAG Consulting a/k/a Glad Industries, Inc. v. Gerald Eubanks, from Ashley Circuit. Reversed and Remanded. Stroud, C.J., and Pittman, J., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]
CA01-1256. Clayton Kidd Logging Company and American Interstate, TPA v. Kevin McGee, from Workers' Compensation Commission. Affirmed. Bird and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CA01-1075. Clarendon National Insurance Company v. Stanley Roberts and Rick Turman, from Crittenden Circuit. Dismissed. (3 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).
E01-117. The Right Solutions 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.
E01-276. 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.
CACR01-589. Billy Krimmel v. State of Arkansas, from Garland Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $750.00.
CACR01-607. Daniel Dewitt Corby v. State of Arkansas, from Greene Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $1,000.00.
CACR01-750. Edward Walton v. State of Arkansas, from Crittenden Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $850.00.
CACR01-1313. Gregory Lamon Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for additional brief time is granted. Robbins and Crabtree, JJ., would deny.
CA01-501. Darrell Dunaway v. Kristie Dunaway (now Plummer), from Pulaski Chancery, First Division. Appellee's motion for attorney's fees is granted. Allowed $1,000.00. Costs assessed on mandate.
CA01-905. Area Agency on Aging et al. v. Donna McGuire, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA02-168. Mark McGrath v. Randall L. Carson, M.D., from Sebastian Circuit, Greenwood District. Appellant's motion for correction of record is granted.
CA02-177. John E. Atkins d/b/a Atkins Real Estate v. L. L. Cole & Sons, Inc., from Woodruff Circuit. Motion of Arkansas Realtors Association to file amicus curiae brief in support of appellant is granted. Crabtree, J., would deny.
PETITIONS FOR REHEARING:
CACR01-846. Gregory Lamb v. State of Arkansas, from Craighead Circuit, Western District.
CA01-919. Leigh Ann Huff v. State of Arkansas, from Phillips Circuit.
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CACR01-779. Gregory Davidson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Kandice A. Bell for attorney's fees.
CACR01-1291. Emmanuel Lee v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.
CACR01-1379. David Crockett v. State of Arkansas, from Clark Circuit. Appellee's motion to dismiss appeal.
CACR01-1393. Lance Throckmorton v. State of Arkansas, from White Circuit. Appellant's motion for additional brief time.
CACR02-167. Daniel Sertain v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal.
CACR02-303. Edward Lewis v. State of Arkansas, from Craighead Circuit, Western District. Motion of Christopher M. Jester to withdraw as counsel for appellant.
CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Chancery. Appellee's motion to release supersedeas bond.
CA01-626. Martha Treadway et al. v. Lawrence Bollen et al., from Hot Spring Chancery. Appellees' motion for attorney's fees and costs.
CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellee's pro se motion for affirmation of decree of divorce and judgments for back owed child support and motion for sanctions and damages for appeals taken for delay only.
CA01-1405. McCorkle Farms, Inc. v. Gene Thompson, from Cross Circuit. Appellant's motion to supplement the abstract and file substituted brief.
CA02-102. Michael E. Hall v. Caroline I. Hall, from Pulaski Circuit, Seventeenth Division. Appellant's motion to file belated brief.
CA01-405. Everett Yarbrough et al. v. Billie F. Yarbrough et al., from Union Circuit. Argued orally.
CACR01-215. James Andrew Taylor v. State of Arkansas, from Hempstead Circuit.
CACR01-542. Jimmy Housley v. State of Arkansas, from Marion Circuit.
CACR01-779. Gregory Davidson v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR01-872. Stephen Michael Sowell v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR01-1178. Jackie Stott v. State of Arkansas, from Union Circuit.
CACR01-1235. Milton Wimberly v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR01-1291. Emmanuel Lee v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA01-536. Charles Conn, Sr. et ux. v. Arkansas Department of Human Services, from Pope Chancery.
CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery.
CA01-942. Karen Rosamond v. Arkansas Department of Human Services, from Faulkner Chancery.
CA01-1129. Con Agra Frozen Foods v. Nadjie Schiavo, from Workers' Compensation Commission.
CA01-1229. Linda K. White v. Remington Arms Company et al., from Workers' Compensation Commission.
CA01-1246. Cleveland Alexander v. Venesia Alexander et al., from Garland Circuit.
CA01-1273. Macmillan Bloedel Containers v. Charles W. Wylie, from Workers' Compensation Commission.
CA01-1319. Len Carver v. Allstate Insurance Company, from Pulaski Circuit, Second Division.
The following cases are appeals from the Arkansas Board of Review.
E01-228. Nuvell Financial Services Company v. Director et al.
E01-298. Samuel Pettis, Jr. v. Director et al.
E01-299. Mary A. Lovell v. Director et al.
E01-300. Steven E. Cox v. Director et al.
E02-1. Richard W. Schroder v. Director et al.
E02-2. Charlie A. Bond v. Director et al.
E02-3. Mattie C. McClenny v. Director et al.
E02-5. Mary E. Sandoval v. Director et al.
E02-6. Lawanda A. McElroy v. Director et al.
E02-7. James H. Switzer v. Director et al.
E02-8. Charles H. Johnson v. Director et al.
E02-9. Volunteer Express, Inc. v. Director et al.
E02-10. Michael D. Davis v. Director et al.