Burmeister v. Richman (Stroud, C.J.) CA01-1336

Deeds -- Appellee's continued dominion was not sufficient to rebut presumption of delivery; trial judge's finding of nondelivery was clearly erroneous; reversed & remanded. [HTML, WP5.1]

Capel v. Allstate Ins. Co. (Griffen, J.) CA01-1305

Contracts -- Indemnity; appellee insurance company's representative stated in unequivocal terms that insurance company would make good any work that appellee contractor failed to perform; summary judgment precluded where issue of whether appellee insurance company breached created duty was question of fact; summary judgment reversed & remanded. [HTML, WP5.1]

Daniel v. Barnett (Bird, J.) CA01-876

Workers' compensation -- Matter remanded by Commission to administrative law judge; order not final. [HTML, WP5.1]

Jiles v. State (Crabtree, J.) CACR01-1042

Criminal law -- Prior convictions were clearly presented to jury only as relevant evidence admissible during penalty phase of trial; trial court did not abuse its discretion in allowing convictions to be presented to jury. [HTML, WP5.1]

Shaw v. Destiny Indus., Inc. (Stroud, C.J.) CA01-1134

Civil procedure -- Entire case had not been submitted & decided; issue preclusion inapplicable; appellee's summary-judgment motion granted in error; reversed & remanded. [HTML, WP5.1]

Smith v. Aluminum Co. of Am. (Robbins, J.) CA01-645

Workers' compensation -- Estoppel argument inapplicable; substantial evidence supported Commission's finding that appellant failed to demonstrate reliance on appellee's conduct to his injury. [HTML, WP5.1]

Adams v. State, CA CR 01-964 (Crabtree, J.), affirmed June 5, 2002. [HTML, WP5.1]

Alexander v. Alexander, CA 01-1246 (Bird, J.), reversed and dismissed June 5, 2002. [HTML, WP5.1]

Anderson v. Roy Ross Ford Lincoln Mercury, CA 01-813 (Pittman, J.), affirmed June 5, 2002. [HTML, WP5.1]

Bellew v. State, CA CR 01-778 (Vaught, J.), affirmed June 5, 2002. [HTML, WP5.1]

Billingsley v. State, CA CR 01-1019 (Jennings, J.), affirmed June 5, 2002. [HTML, WP5.1]

Booth v. Booth, CA 01-479 (Pittman, J.), substituted opinion; affirmed as modified on appeal; affirmed on cross-appeal June 5, 2002. [HTML, WP5.1]

Chism v. Aluminum Co. of Am., CA 01-655 (Neal, J.), affirmed June 5, 2002. [HTML, WP5.1]

Clenney v. State, CA CR 01-985 (Hart, J.), affirmed June 5, 2002. [HTML, WP5.1]

Cook v. Aluminum Co. of Am., CA 01-656 (Neal, J.), affirmed June 5, 2002. [HTML, WP5.1]

Davis v. State, CA CR 01-1073 (Robbins, J.), affirmed June 5, 2002. [HTML, WP5.1]

DeBoer v. Entergy Ark., Inc., CA 01-1223 (Neal, J.), appeal dismissed June 5, 2002. [HTML, WP5.1]

Johnson v. Cross Oil Refining & Marketing, Inc., CA 01-405 (Neal, J.), reversed & remanded June 5, 2002. [HTML, WP5.1]

MacMillan Bloedel Containers v. Wylie, CA 01-1273 (Jennings, J.), affirmed June 5, 2002. [HTML, WP5.1]

Morris, Booker T. v. State, CA CR 01-1153 (Bird, J.), affirmed June 5, 2002. [HTML, WP5.1]

Morris, Calvin v. State, CA CR 01-1056 (Roaf, J.), reversed & remanded June 5, 2002. [HTML, WP5.1]

Shackelford v. State, CA CR 01-1348 (Bird, J.), affirmed June 5, 2002. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Austin, CA 02-7 (Griffen, J.), affirmed June 5, 2002. [HTML, WP5.1]

Wayne Alexander Trust v. City of Bentonville, CA 01-1012 (Jennings, J.), affirmed June 5, 2002. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-1134. Ella Dee Shaw v. Destiny Industries, Inc., from Conway Circuit. Reversed and Remanded. Bird and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA01-1336. Sandra Burmeister and Keith Hutchinson v. Maxyne Richman, from Benton Chancery. Reversed and Remanded. Pittman and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-479. Wes Booth v. Suzanne P. Booth, from Union Chancery. Substituted Opinion. Affirmed as Modified on Appeal; Affirmed on Cross-Appeal. Jennings and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-813. Steven H. Anderson v. Roy Ross Ford Lincoln Mercury, from Workers' Compensation Commission. Affirmed. Neal and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-985. Douglas Mack Clenney, Jr. v. State of Arkansas, from Garland Circuit. Affirmed. Vaught and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-1019. Calvin E. Billingsley v. State of Arkansas, from Howard Circuit. Affirmed. Griffen and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1012. Wayne Alexander Trust, Wayne Alexander, Trustee v. City of Bentonville, Arkansas, from Benton Circuit. Affirmed. Griffen and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1273. MacMillan Bloedel Containers v. Charles W. Wylie, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-1073. Billy Ray Davis v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Pittman and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-645. Cecil W. Smith v. Aluminum Company of America, from Workers' Compensation Commission. Affirmed. Baker, J., agrees. Pittman, J., concurs. (5 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-1153. Booker T. Morris v. State of Arkansas, from Ouachita Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1348. Russell B. Shackelford v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-876. Fluor Daniel and Pacific Employers Insurance Company v. Alfred R. Barnett, from Workers' Compensation Commission. Dismissed. Crabtree, Baker, and Roaf, JJ., agree. Robbins and Griffen, JJ., dissent. (4 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-1246. Cleveland Alexander v. Vanesia Alexander and Linda Kay, from Garland Circuit. Reversed and Dismissed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-1305. Maggie Capel, Individually and as Guardian of Tessa Capel, a Minor v. Allstate Insurance Company et al., from Pulaski Circuit, Fifth Division. Reversed and Remanded. Jennings and Neal, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

CA02-7. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Mary Austin, from Workers' Compensation Commission. Affirmed. Jennings and Neal, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-405. Cynthia Yarbrough Johnson et al. v. Cross Oil Refining & Marketing, Inc., et al., from Union Circuit. Reversed and Remanded. Hart and Bird, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-655. Joseph D. Chism v. Aluminum Company of America, from Workers' Compensation Commission. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-656. John H. Cook v. Aluminum Company of America, from Workers' Compensation Commission. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1223. Marvin and Connie DeBoer v. Entergy Arkansas, Inc. and West Tree Service, Inc., from Faulkner Circuit. Appeal Dismissed. Jennings and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-778. Larry D. Bellew v. State of Arkansas, from Miller Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-964. Lester Herbert Adams v. State of Arkansas, from Cleveland Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1042. Edward C. Jiles v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Robbins, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Stroud, C.J., and Pittman, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CACR01-984. Tyranza Pat Young v. State of Arkansas, from Phillips Circuit.

CA01-1055. Arkansas Department of Human Services v. John and Heather Avaritt, from Faulkner Chancery, Juvenile Division.

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

CA01-1260. The Entertainment and Leisure Corporation et al. v. Razorback Entertainment Corporation, from Garland Chancery.

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

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR02-47. Clyde Matthew Folkes v. State of Arkansas, from Crittenden Circuit. Appellant's motion to correct the record and for brief time is granted.

CACR02-151. Frank Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for additional time to file brief is granted.

CACR02-229. John Ransom v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to unseal portion of the record and motion for an additional ten days brief time is granted.

CACR02-436. Vernon Edward Price v. State of Arkansas, from Pulaski Circuit, Sixth Division. Apellant's motion for additional time to file brief is granted for sixty days.

CACR02-468. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Motion of James Dunham to be relieved as counsel for appellant is granted.

CACR02-468. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Appellant's pro se motion for appointment of counsel is granted. Mr. David Bowden is appointed to represent the appellant.

CA01-1027. Clyde Lester Little v. Donna Ruth Little, from Pope Chancery. Appellant's motion for clarification is denied.

CA01-1390. Congo Stove, Fireplace & Patio, Inc et al. v. Edward Rickenbacker, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs is granted.

CA01-1428. Richard Lee Heifner, Jr. v. Tamara Ellen Morgan (now McNeice), from Saline Circuit. Appellant's motion for additional time on remand and for brief time is granted.

CA02-386. Dale E. Stringfellow v. Union Carbide, Inc. et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal is granted.

CA02-386. Dale E. Stringfellow v. Union Carbide, Inc. et al., from Pulaski Circuit, Third Division. Appellant's motion to stay briefing schedule and for brief time is moot.

CA02-391. Statco Wireless, LLC v. Southwestern Bell Wireless, LLC, from Pulaski Circuit, Sixteenth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA02-428. Neil D. Williams v. Brown's Sheet Metal, from Workers' Compensation Commission. Appellant's motion to complete the record and to stay brief time is granted.

CA02-462. Donna Garland Summers v. Richard David Garland, from Pope Circuit. Appellee's motion to seal record on appeal is granted.

E02-122. Billie Sue Rohrscheib v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.