D'Arbonne Constr. Co. v. Foster (Thornton, J.) 01-661

Appeal & error -- John Doe defendants; formal dismissal required; facts here distinguishable; no need for dismissal of John Doe defendants where they were never identified, served, or made parties to action; appellee was under no obligation to file nonsuit requesting voluntary dismissal pursuant to Ark. R. Civ. P. 41(a). [HTML, WP5.1]

Farm Bureau Mut. Ins. Co. v. Running M Farms, Inc. (Corbin, J.) 01-251

Appeal & error -- Order not one granting new trial; not appealable under Ark. R. App. P. 2(a)(3); denial of motion for JNOV is not final appealable order; merits of appellant's argument not reached. [HTML, WP5.1]

Fountain v. State (Imber, J.) CR01-890

Appeal & error -- Premature filing benefit of Ark. R.App. P.--Crim. 2(b)(1) afforded to State; State's amended notice of appeal was effective to appeal both original & amended complaint; motion to dismiss denied where appellant's filing of transcript obviated State's need to file another copy; appellant allowed to pursue appeal where amended notice of appeal was timely. [HTML, WP5.1]

Hawkins v. State (Thornton, J.) CR01-1065

Evidence -- Medical-treatment exception to hearsay rule; principles of Ark. R. Evid. 803(4) modified where child abuse present; child's statements to doctor identifying appellant as her abuser fell within medical-treatment exception; statements were properly admitted by trial court. [HTML, WP5.1]

Linder v. Linder (Brown, J.) 01-380

Constitutional law -- Arkansas Grandparental Visitation Act; liberty right of parent to have & raise children substantive component of Due Process Clause; only fundamental right in issue was parent's right to raise her child; strict scrutiny standard applicable; GVPA could be constitutional in cases where there was no fundamental right at stake; facial invalidation inapplicable; state had no compelling interest in judicially interfering with appellant's fundamental parenting rights; statute unconstitutional as applied; unfitness solely to decide visitation matters does not equate to unfitness as parent; rewriting of law best left to legislature; reversed & dismissed. [HTML, WP5.1]

Loghry v. Rogers Group, Inc. (Imber, J.) 01-1309

Discovery -- Failure to comply with Ark. R. Civ. P. 56(f); trial court did not abuse discretion in denying additional time for discovery. [HTML, WP5.1]

Magby v. State (Per Curiam) CR02-024

Criminal procedure -- Denial of petition for writ of error coram nobis; precedent requiring petition for writ of certiorari overturned; prospective application. [HTML, WP5.1]

McDaniel v. State (Per Curiam) CR02-325

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

McGehee v. State (Hannah, J.) CR00-760

Attorney & client -- Ineffective-assistance claim; relief not required where failure to request accomplice instruction or ruling did not make any difference in result of trial; no merit on failure to raise denial of change-of-venue motion on direct appeal or in failure to raise constitutionality of victim-impact evidence. [HTML, WP5.1]

Williamson v. Elrod (Arnold, C.J.) 01-828

Action -- Medical malpractice; any testimony by appellee's expert concerning appellant's failure to meet standard of care was of no merit where appellee never established standard of care; reversed & dismissed where appellee did not meet burden of proof on standard of care. [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas (Per Curiam) [HTML, WP5.1]

In Re: Appointments to the Supreme Court Committee on Model Jury Instructions—Civil (Per Curiam) [HTML, WP5.1]

In Re: Committee on the Unauthorized Practice of Law (Per Curiam) [HTML, WP5.1]

Charton v. State, CR 02-60 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted April 25, 2002. [HTML, WP5.1]

Johnson v. State, CR 02-152 (Per Curiam), Pro Se Motion for Belated Appeal of Order; treated as motion for rule on clerk and denied April 25, 2002. [HTML, WP5.1]

Pollard v. State, CR 02-56 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed April 25, 2002. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, as Personal Representative of the Estate of Floy Elrod, Deceased, from Pulaski Circuit, Fifth Division. Reversed and Dismissed. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

01-251. Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Running M Farms, Inc.; S&K Company, Inc.; and Sumner Mitchell, from Lafayette Circuit. Appeal Dismissed; Cross-Appeal Dismissed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-380. Lea Ann Linder, Carolyn Greene, and Cleta Johnson v. Bill Linder and Mildred Sims, from Sebastian Chancery, Fort Smith District. Motion to Dismiss Denied. Reversed and Dismissed. Hannah, J., concurs in part and dissents in part. (33 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-890. James Eric Fountain v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion To Dismiss Denied. Arnold, C.J., Thornton and Hannah, JJ., dissent. (7 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-1309. Russell Eugene Loghry, Individually and as Husband and Administrator of the Estate of Ann Marie Loghry, Deceased v. Rogers Group, Inc.; Ben L. Rechter; National Union Fire Insurance Company; and Hartford Fire Insurance Company, from Faulkner Circuit. Affirmed. Glaze, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-1065. Kenneth Hawkins v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Imber, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

01-661. D'Arbonne Construction Co., Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit. Appeal Reassigned to the Court of Appeals for Decision on the Merits. Imber, J., dissents. (8 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR00-760. Jason McGehee v. State of Arkansas, from Boone Circuit. Affirmed. Imber, J., not participating. (21 PAGES PUBLISHED) [HTML, WP5.1]

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

01-782. Arkansas Professional Bail Bondsman Licensing Board v. Marc Oudin, Jr. et al., from Pulaski Circuit, Fifth Division.

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REVIEW GRANTED: Petition for review was granted today in the following case.

CR02-329. Denaro Shatour Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Arnold, C.J., Glaze and Thornton, JJ., would deny.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR02-316. Frank Summons v. State of Arkansas, from Pulaski Circuit, Seventh Division.

02-276. Dale Davis v. Lane Amos Concrete Construction, from Workers' Compensation Commission.

02-277. Wal-Mart Stores, Inc. et al. v. Theretha Holmes, from Workers' Compensation Commission. Corbin, J., not participating.

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02-259. Baptist Health et al. v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion to withdraw petition for writ of certiorari and request for oral argument is granted.

02-259. Baptist Health et al. v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion to stay the proceedings below; petition for writ of certiorari and motion to supplement the record. Moot.

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Motion to dismiss appeal. Moot.

CR02-325. William Keith McDaniel v. State of Arkansas, from Cross Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR02-335. Timothy Wayne Hardin v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal is granted. See Chaisson v. State, 304 Ark. 110 (1990).

CR02-345. Darrell Meredith v. Honorable John Dan Kemp, Judge, from Fulton Circuit. Petition for writ of prohibition is denied without prejudice.

CR02-358. Michael Jackson, Jr. v. State of Arkansas, from Clark Circuit. Motion to dismiss motion to proceed in forma pauperis on appeal is granted.

CR02-358. Michael Jackson, Jr. v. State of Arkansas, from Clark Circuit. Motion to proceed in forma pauperis on appeal. Moot.

CR02-358. Michael Jackson, Jr. v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for entry of appearance. Noted.

01-696. Rose Turnbough v. Mammoth Spring School District #2, from Fulton Circuit. Appellant's motion to reschedule oral argument is denied. Glaze, J., not participating.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of the City of Little Rock, Arkansas, to file an amicus curiae brief is denied.

01-1307. William Jackson Butt, II et al. v. The Evans Law Firm et al., from Washington Circuit. Appellants' motion to file enlarged brief is granted.

CR02-24. Leonard Magby v. State of Arkansas, from Garland Circuit. Pro se motion for leave to file a belated petition for writ of certiorari. Motion moot; appeal of order lodged. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

CR02-56. Napoleon Pollard v. State of Arkansas, from Pope Circuit. Pro se motion for extension of time to file appellant's brief. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-60. Jerold M. Charton v. State of Arkansas, from Conway Circuit. Pro se motion for extension of time to file brief granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-152. Guy Anthony Johnson v. State of Arkansas, from Saline Circuit. Pro se motion for belated appeal of order. Motion treated as motion for rule on clerk and denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Committee on the Unauthorized Practice of Law. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Jim Coutts, Esq., of Russellville, Third Congressional District, and Ms. Catherine Conlin Duvall of Lewisville, At-Large Position, are hereby reappointed to the Supreme Court Committee on the Unauthorized Practice of Law for three-year terms to expire on May 31, 2005.

The Court expresses thanks to Mr. Coutts and Ms. Duvall for accepting reappointment to this important Committee.

In Re: Appointments to the Supreme Court Committee on Model Jury Instructions—Civil See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Jennifer Haltom Doan, Esq., of Texarkana, is hereby appointed to the Supreme Court Committee on Model Jury Instructions-Civil for a three-year term to expire on April 30, 2005. The Honorable Kim Smith, Circuit Judge of Fayetteville, Donis Hamilton, Esq., of Paragould, and Paul Rainwater, Esq., of Crossett, are hereby reappointed to the Committee for three-year terms to expire April 30, 2005.

The Court extends its thanks to Ms. Doan for accepting appointment and to Judge Smith and Messrs. Hamilton and Rainwater for accepting reappointment to this most important Committee.

The Court expresses its appreciation to United States Magistrate Tom Ray, whose term has expired, for his service to this Committee.

PETITIONS FOR REVIEW:

02-255. Jerry Lee Stogsdill v. James E. Stogsdill, Jr. et al., from Craighead Chancery, Western District.

02-294. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division.

02-299. Pearl V. Pritchett v. Lewis Lumber & Manufacturing Company, from Workers' Compensation Commission.

02-341. Gary R. Crews v. Laura Crews, from Washington Chancery.

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CR01-1171. Michael David Scott v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CR02-86. Michael James Scott v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR02-120. Gary Leshawn Haywood v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR02-120. Gary Leshawn Haywood v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief.

CR02-353. Carl Gene McGhee v. State of Arkansas, from Perry Circuit. Motion for rule on the clerk.

CR02-375. Eddie A. Taylor v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk.

CR02-376. Harold Troup v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk.

CR02-377. Danny Harris, Jr. v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of H.G. Davis to file an amicus curiae brief.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to correct the record.

02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellees' motion to supplement the record.

02-88. Peggy Gulledge et al. v. Dick Barclay, Director, Arkansas Department of Finance & Administration et al., from Pulaski Circuit, Seventeenth Division. Appellants' motion to substitute Oscar Stilley as counsel for appellants.

02-107. M. M. v. State of Arkansas, from Lonoke Circuit. Appellant's motion for anonymity in appellate proceedings.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Motion of appellant Oakwood to stay trial court proceedings pending appeal.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall, from Saline Circuit. Motion of appellant American Bankers for stay of lower court proceedings.

02-354. Larry Watson v. Cheryl Watson, from Pulaski Circuit, Fourteenth Division. Motion for rule on the clerk.

CR01-673. James Patrick Keenom v. State of Arkansas, from Benton Circuit. Argued orally.

CR01-391. Deatria Donyell Hamilton v. State of Arkansas, from Ouachita Circuit.

01-943. Bobbye Farrar Bonds v. Barry Carter from Columbia Chancery.

01-1038. Raymond Anthony Monday v. Canal Insurance Company, from Hot Spring Circuit.

01-1045. Kathleen Wharton Smith v. Joseph Burleson Wharton, III, Executor et al., from Baxter Chancery.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit.

01-1210. Cash In A Flash Check Advance of Arkansas LLC et al. v. Jimmie Sue Spencer et al., from Craighead Circuit, Western District.