Hartwick v. Hill (Pittman, J.) CA01-891 (dissent only) [HTML, WP5.1]

Hollandsworth v. Knyzewski (Baker, J.) CA01-982

Parent & child -- Relocation; chancellor erred as matter of law on ruling that appellant must prove specific advantage to children in proposed move; chancellor erred in finding real advantage to new family unit not proven; chancellor erred in denying appellant's petition to relocate & in granting appellee's petition to change custody. [HTML, WP5.1]

K II Constr. Co. v. Crabtree (Roaf, J.) CA01-727

Workers' compensation -- No intervening cause found to exist; substantial evidence supported Commission's decision to award medical expenses, including recommended surgery; award of temporary total disability benefits supported by substantial evidence. [HTML, WP5.1]

Morgan v. Century 21 Perry Real Estate (Vaught, J.) CA01-1076

Judgment -- Default judgment; trial court did not abuse discretion in refusing to set aside where facts did not demonstrate surprise or excusable neglect contemplated by Ark. R. Civ. P. 55. [HTML, WP5.1]

Rankin v. Director (Jennings, J.) E02-40

Unemployment compensation -- Board's finding that appellant voluntarily quit not supported by substantial evidence; reversed & remanded. [HTML, WP5.1]

Swaim v. State (Neal, J.) CACR01-1224

Criminal law -- Aggravated assault; conviction for aggravated assault not supported by substantial evidence; evidence insufficient to sustain conviction for assault in third degree; reversed & dismissed. [HTML, WP5.1]

Apollo Coating RCS, Inc. v. Brookridge Funding Corp., CA 01-1415 (Per Curiam), Motion of Walker & Hickey, Steven R. Davis & Paul Hickey, Individually, to be Relieved as Counsel for Appellee; denied without prejudice July 3, 2002. [HTML, WP5.1]

Baker v. State, CA CR 01-904 (Griffen, J.), affirmed July 3, 2002. [HTML, WP5.1]

Ballew v. State, CA CR 01-881 (Bird, J.), affirmed July 3, 2002. [HTML, WP5.1]

Beavers v. State, CA CR 01-1090 (Roaf, J.), affirmed July 3, 2002. [HTML, WP5.1]

Branson v. State, CA CR 01-1402 (Jennings, J.), affirmed July 3, 2002. [HTML, WP5.1]

Clark v. State, CA CR 01-1205 (Pittman, J.), affirmed July 3, 2002. [HTML, WP5.1]

Cooney v. State, CA CR 01-848 (Crabtree, J.), affirmed July 3, 2002. [HTML, WP5.1]

Crowder v. State, CA CR 01-795 (Vaught, J.), rebriefing ordered July 3, 2002. [HTML, WP5.1]

Davison v. State, CA CR 01-342 (Roaf, J.), affirmed July 3, 2002. [HTML, WP5.1]

Esquibel v. State, CA CR 01-862 (Jennings, J.), remanded for rebriefing & for record to be supplemented July 3, 2002. [HTML, WP5.1]

Graves v. State, CA CR 01-343 (Pittman, J.), rebriefing ordered July 3, 2002. [HTML, WP5.1]

Handy v. State, CA CR 00-1445 (Baker, J.), affirmed July 3, 2002. [HTML, WP5.1]

Hardesty v. State, CA CR 01-667 (Bird, J.), affirmed July 3, 2002. [HTML, WP5.1]

Johnson v. State, CA CR 01-682 (Stroud, C.J.), affirmed July 3, 2002. [HTML, WP5.1]

Logan v. State, CA CR 01-939 (Neal, J.), affirmed July 3, 2002. [HTML, WP5.1]

Mitchell v. State, CA CR 01-600 (Robbins, J.), affirmed in part; rebriefing ordered in part July 3, 2002. [HTML, WP5.1]

Oliver v. State, CA CR 01-931 (Vaught, J.), affirmed July 3, 2002. [HTML, WP5.1]

Poindexter v. State, CA CR 01-1359 (Hart, J.), affirmed July 3, 2002. [HTML, WP5.1]

Polk v. State, CA CR 01-668 (Griffen, J.), affirmed in part; reversed & remanded in part July 3, 2002. [HTML, WP5.1]

Presley v. State, CA CR 01-1043 (Baker, J.), affirmed July 3, 2002. [HTML, WP5.1]

Sheets v. State, CA CR 01-1164 (Bird, J.), reversed & dismissed July 3, 2002. [HTML, WP5.1]

Stewart v. State, CA CR 01-597 (Hart, J.), affirmed July 3, 2002. [HTML, WP5.1]

Tillery, Darrell J. v. State, CA CR 01-922 (Stroud, C.J.), affirmed July 3, 2002. [HTML, WP5.1]

Tillery, James Greg v. State, CA CR 01-879 (Robbins, J.), rebriefing ordered July 3, 2002. [HTML, WP5.1]

Wilkerson v. State, CA CR 01-791 (Neal, J.), affirmed July 3, 2002. [HTML, WP5.1]

Dyck v. Director of Labor, E 02-34, July 3, 2002.

Hawk v. Director of Labor, E 02-47, July 3, 2002.

Kersey v. Director of Labor, E 02-38, July 3, 2002.

May v. Director of Labor, E 02-48, July 3, 2002.

Meier v. Director of Labor, E 02-45, July 3, 2002.

Montgomery v. Director of Labor, E 02-49, July 3, 2002.

Sandberg v. Director of Labor, E 02-42, July 3, 2002.

Smith v. Director of Labor, E 02-46, July 3, 2002.

Washington v. Director of Labor, E 02-43, July 3, 2002.

Watters v. Director of Labor, E 02-44, July 3, 2002.

Womble v. Director of Labor, E 02-50, July 3, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-682. Lovell Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Bird and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-922. Darrell J. Tillery v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Robbins and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1205. Seyoum Ali Clark v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Robbins and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-597. Lawrence Stewart v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1359. Eddie Poindexter v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-862. Eric Esquibel v. State of Arkansas, from Garland Circuit. Remanded for Rebriefing and for Record to be Supplemented. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1402. Paul Branson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Griffen and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-40. Kirk J. Rankin v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Griffen and Neal, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed in Part; Rebriefing Ordered in Part. Pittman and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-879. James Greg Tillery and Patsy Tillery v. State of Arkansas, from Pope Circuit. Rebriefing Ordered. Pittman and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-667. Roger Alan Hardesty v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-881. Cecil Ballew v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1164. Karen Marie Sheets v. State of Arkansas, from Garland Circuit. Reversed and Dismissed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-668. Willie Dion Polk, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed in Part; Reversed and Remanded in Part. Jennings and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-904. Antonio Ladell Baker v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-791. Kevin Wilkerson v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-939. James D. Logan v. State of Arkansas, from Garland Circuit. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1224. Timothy Swaim v. State of Arkansas, from Sebastian Circuit. Reversed and Dismissed. Jennings, Robbins, Griffen, and Baker, JJ., agree. Pittman, J., concurs. (5 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-795. Thomas N. Crowder, Jr. v. State of Arkansas, from Johnson Circuit. Rebriefing Ordered. Hart and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-931. Marshall Oliver v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1076. Al Morgan v. Century 21 Perry Real Estate, from Polk Circuit. Affirmed. Stroud, C.J., Jennings, Bird, and Crabtree, JJ., agree. Pittman, Griffen, Neal, and Roaf, JJ., dissent. (5 PAGES + 2-PAGE DISSENT + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-848. Bruce Darnell Cooney v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1445. Quinton Lee Handy v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1043. Henry James Presley, Sr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-982. Sheree Hollandsworth v. Keith Knyzewski, from Benton Chancery. Reversed and Remanded. Pittman, Bird, Griffen, and Vaught, JJ., concur. Stroud, C.J., Robbins, Crabtree, and Roaf, JJ., dissent. (8 PAGES + 5-PAGE CONCURRENCE + 10-PAGE CONCURRENCE + 16-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-342. Alexander Davison v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1090. Richard Beavers v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-727. K II Construction Company and Bituminous Casualty Corporation v. Harold Crabtree, from Workers' Compensation Commission. Affirmed. Stroud, C.J., Griffen, Vaught, and Baker, JJ., agree. Pittman, J., dissents. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [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).

E02-34. Laverne Dyck v. Director et al.

E02-38. Richard D. Kersey v. Director et al.

E02-42. Diane D. Sandberg v. Director et al.

E02-43. Phillip Washington v. Director et al.

E02-44. Alvin D. Watters v. Director et al.

E02-45. Ray T. Meier v. Director et al.

E02-46. James H. Smith v. Director et al.

E02-47. Joye A. Hawk v. Director et al.

E02-48. Randy D. May v. Director et al.

E02-49. James C. Montgomery v. Director et al.

E02-50 Delbert Womble v. Director et al.

REHEARINGS DENIED: Petition for Rehearing was denied today in the following case.

CA01-891. Pauline Hartwick v. Bradley R. Hill and Connie Lee Hill, from Van Buren Circuit. Pittman, J., dissents. (3-PAGE DISSENT ONLY PUBLISHED) [HTML, WP5.1]

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CACR01-263. Leon Roberson v. State of Arkansas, from Phillips Circuit. Motion of David O. Bowden for attorney's fees is granted. Allowed $1,000.00.

CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Motion of Frank B. Newell for attorney's fees. See opinion this date.

CACR01-621. Leslie D. Alexander v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Amended and substituted motion of James J. Lessmeister for attorney's fees is granted. Allowed $1,000.00.

CACR01-778. Larry D. Bellew v. State of Arkansas, from Miller Circuit. Motion of Mickey Buchanan for attorney's fees is granted. Allowed $1,000.00.

CACR01-926. Alejandro Gardea v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees is granted. Allowed $1,000.00.

CACR01-1019. Calvin Billingsly v. State of Arkansas, from Howard Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR01-1037. Billy Harold Chatman v. State of Arkansas, from Fulton Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR01-1224. Timothy Swaim v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,200.00.

CACR02-57. Undra M. Singleton v. State of Arkansas, from Ashley Circuit. Appellant's motion to file belated brief is granted.

CACR02-228. James E. Smith v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion for transcript is denied.

CACR02-396. Ricky Elkins v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted.

CACR02-563. Felton Adams v. State of Arkansas, from Jefferson Circuit. Motion of Cymber Tadlock, Office of the Public Defender, to be relieved as attorney for appellant is granted. Griffen, J., would deny.

CA01-919. Leigh Ann Huff v. State of Arkansas, from Phillips Circuit. Appellant's motion for costs is denied. See Article 5, Section 20, of the Arkansas Constitution. Griffen and Neal, JJ., would grant.

CA01-1415. Apollo Coating RCS, Inc. and Apollo, Inc. v. Brookridge Funding Corporation, from Benton Circuit. Motion of Walker & Hickey, Steven R. Davis and Paul Hickey, individually, to be relieved as counsel for appellee is denied without prejudice. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CA02-116. Joseph Barry Thomason v. Rhonda Lu Thomason, from Pulaski Circuit, Fifteenth Division. Appellant's motion for leave to allow 2-page addendum with reply brief is denied. Appellant given seven days to correct brief.

CA02-210. Carroll Electric Cooperative Corporation et al. v. City of Bentonville, from Benton Circuit. Joint motion for stay of appeal is denied. Brief time extension granted for ninety days. Roaf, J., would grant stay.