ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
---------------
IN THIS ISSUE
---------------
79 Ark. App.

Opinions delivered
August 28, 2002


Download ZIP file containing today's published WP5.1 files.
Download ZIP file containing today's unpublished WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

Doug's Elec. Serv., Inc. v. Miller (Roaf, J.) CA01-1343

Easements -- Merger; conveyor's ownership of both estates would not extinguish easement; language in deed was sufficient to create new easement; circuit court did not err in granting summary judgment. [HTML, WP5.1]

Garland v. Garland (Bird, J.) CA01-1194

Divorce -- Waiver; decision to receive amount awarded in decree in from of marital support did not amount to waiver of property interest in retirement benefits; reversed & remanded where trial court clearly erred in finding division of benefits unenforceable & in finding waiver by appellant. [HTML, WP5.1]

Helena/West Helena Schs. v. Hislip (Per Curiam) CA02-13

Attorney & client -- Attorney's fees; order granted attorney's fees & imposed Ark. R.App. P.--Civ. 11 sanction. [HTML, WP5.1]

Hopkins v. Arkansas Dep't of Human Servs. (Hart, J.) CA01-960

Juveniles -- Dependency-neglect; circuit court did not clearly err in adjudicating minor child dependent-neglected; trial court did not abuse discretion in admitting medical records; no abuse of discretion in permitting treating physician to testify without requiring qualification as expert witness or in permitting him to provide opinion testimony regarding burns. [HTML, WP5.1]

McMullen v. State (Vaught, J.) CACR01-1100

Criminal procedure -- Appellant failed to reserve conditional plea of guilty in writing; appeal dismissed for failure to comply with Ark. R. Crim. P. 24.3(b). [HTML, WP5.1]

Thinn v. Parks (Vaught, J.) CA02-5

Trusts -- Settlor's intent clear; trial court's interpretation affirmed; resolution of first issue on appeal foreclosed appellant's other challenges concerning propriety of distribution of remaining trust assets; trial court's distribution determination affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Beaver v. John Q. Hammons Hotels, CA 02-62 (Per Curiam), appeal dismissed August 28, 2002. [HTML, WP5.1]

Green v. Pine Bluff Civ. Serv. Comm'n, CA 01-1357 (Pittman, J.), affirmed August 28, 2002. [HTML, WP5.1]

Hammons v. Adair, CA 01-1433 (Neal, J.), affirmed August 28, 2002. [HTML, WP5.1]

Hartrick v. Eldridge, CA 02-48 (Griffen, J.), affirmed as modified August 28, 2002. [HTML, WP5.1]

Jackson v. Jackson, CA 01-1230 (Baker, J.), affirmed August 28, 2002. [HTML, WP5.1]

John P. Marinoni Constr. Co. v. Atchison, CA 02-17 (Robbins, J.), affirmed on direct appeal and cross-appeal August 28, 2002. [HTML, WP5.1]

Johnson v. State, CA CR 01-1024 (Pittman, J.), affirmed August 28, 2002. [HTML, WP5.1]

Mallett v. State, CA CR 01-1161 (Crabtree, J.), affirmed August 28, 2002. [HTML, WP5.1]

Mayberry v. State, CA CR 01-900 (Roaf, J.), affirmed August 28, 2002. [HTML, WP5.1]

Moore v. State, CA CR 01-1160 (Jennings, J.), affirmed August 28, 2002. [HTML, WP5.1]

Natural State Props. v. Summit Ltd. Partnership Two, CA 01-1302 (Jennings, J.), affirmed August 28, 2002. [HTML, WP5.1]

Ross v. State, CA CR 02-95 (Vaught, J.), affirmed August 28, 2002. [HTML, WP5.1]

Thompson v. State, CA CR 02-19 (Stroud, C.J.), affirmed August 28, 2002. [HTML, WP5.1]

Wilson v. State, CA CR 02-53 (Neal, J.), affirmed August 28, 2002. [HTML, WP5.1]


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-19. Robert Leon Thompson v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-1024. Carl Elbert Johnson v. State of Arkansas, from Fulton Circuit. Affirmed. Robbins and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1357. Donna Green v. Pine Bluff Civil Service Commission, from Jefferson Circuit. Affirmed. Robbins and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-960. Jennifer Hopkins v. Arkansas Department of Human Services and M.J., C.J., and C.J., Minor Children, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-1160. Franklin D. Moore v. State of Arkansas, from Johnson Circuit. Affirmed. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1302. Natural State Properties, LLC v. Summit Limited Partnership Two, from Sebastian Chancery. Affirmed. Griffen and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-17. John P. Marinoni Construction Company and CGU Insurance Company v. Jim Atchison, from Workers' Compensation Commission. Affirmed on Direct Appeal and Cross-Appeal. Pittman and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-1194. Dorothy M. Garland v. James R. Garland, from Jefferson Chancery. Reversed and Remanded. Stroud, C.J., and Crabtree, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA02-48. Richard Hartrick and Michelle Key v. Chuck Eldridge d/b/a Eldridge Motor Company, from Washington Circuit. Affirmed as Modified. Jennings and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-53. Robert D. Wilson, III v. State of Arkansas, from Ouachita Circuit. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1433. Jack D. Hammons v. Cathey Adair, from Bradley Circuit. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1100. John R. McMullen v. State of Arkansas, from Washington Circuit. Appeal Dismissed. Stroud, C.J., Bird, Baker, and Roaf, JJ., agree. Hart, J., dissents. (3 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR02-95. Terry Alan Ross v. State of Arkansas, from Polk Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-5. Dennis Thinn v. Elizabeth Parks, from Benton Chancery. Affirmed in Part; Remanded in Part. Stroud, C.J., Crabtree, and Roaf, JJ., agree. Hart and Bird, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-1161. John Mallett v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-1230. Donald Lee Jackson v. Sheila La'Vette Jackson, from Jefferson Circuit. Affirmed. Pittman and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-900. Edward Mayberry v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1343. Doug's Electrical Service, Inc. v. Mike Miller and Cliff Goodin, from Pope Circuit. Affirmed. Hart and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-62. Judy Beaver and Jimmy Beaver v. John Q. Hammons Hotels, L.P., et al., from Sebastian Circuit. Appeal Dismissed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

E02-40. Kirk J. Rankin v. Director et al., from Board of Review.

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

CACR01-1096. Eugene Raymond Fischer v. State of Arkansas, from Marion Circuit. Motion of Jan Thornton for attorney's fees is denied. See Arkansas Supreme Court Rule 6 (c).

CACR02-19. Robert Leon Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR02-500. Gary Tolbert v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file substituted brief is granted.

CA02-13. Helena /West Helena Schools et al. v. Regina Hislip, from Workers' Compensation Commission. Appellant's response to show cause as ordered in opinion dated June 26, 2002.   Sanction imposed; see per curiam this date.  (2 PAGES PUBLISHED) [HTML, WP5.1]

CA02-13. Helena/West Helena Schools et al. v. Regina Hislip, from Workers' Compensation Commission. Appellant's second motion for attorney's fees is granted. See per curiam this date.  (2 PAGES PUBLISHED) [HTML, WP5.1]

CA02-529. Leslie Rich Vestal v. Gary Lawson, from Ashley Circuit. Appellant's motion to file belated brief is granted.

CA02-546. Mark McGhee et al. v. Jim Witcher et al., from Pulaski Circuit, Thirteenth Division. Motion of Walnut Valley Home Owners Association to file amicus curiae brief and for brief time is denied.

CA02-682. James E. Turner et al. v. Dr. James E. Turner et al., from Scott Circuit. Motion of Terri Kienlen to withdraw as counsel for appellant JT Executive Auto Brokers, Inc., is granted.

CA02-682. James E. Turner et al. v. Dr. James E. Turner et al., from Scott Circuit. Appellants' pro se motion for remand for entry of order is denied.

E02-56. Mary Williams v. Director et al., from Board of Review. Appellee's motion to strike portions of appellant's brief is granted.

MOTIONS SUBMITTED

CACR01-1165. James E. Davis v. State of Arkansas, from Cross Circuit. Motion of Ray Waters for attorney's fees.

CACR01-1176. Steven A. Walker v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's pro se motion for bond reduction.

CACR02-175. Kenneth Trigleth v. State of Arkansas, from Chicot Circuit. Appellant's motion for additional brief time.

CACR02-723. David Corey Turner v. State of Arkansas, from Crittenden Circuit. Motion of Chalk S. Mitchell to withdraw as counsel for appellant and for brief time.

CACR02-852. Jimmy Ray Heikkila v. State of Arkansas, from Benton Circuit. Motion of Louis Lim to withdraw as counsel for appellant and to substitute Mark Alan Jesse as counsel for appellant.

CA02-862. Charles Hinson et al. v. Odell Abraham et al., from Pulaski Circuit, Sixth Division. Motion of Theresa L. Caldwell to withdraw as counsel for appellants.

SUBMISSIONS

CA01-1103. International Paper Company v. James Cricket Collier, from Lafayette Circuit. Argued orally.

CACR01-903. Martha Owen v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-952. Addison Bohannon v. State of Arkansas, from Carroll Circuit, Western District.

CACR01-1105. George David Plumley v. State of Arkansas, from Miller Circuit.

CACR01-1165. James E. Davis v. State of Arkansas, from Cross Circuit.

CACR01-1177. Tommy Glen Edds v. State of Arkansas, from Garland Circuit.

CACR01-1204. Gerald Tony Olles v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1227. Randy M. Staton v. State of Arkansas, from Jefferson Circuit.

CACR01-1323. Patrick William Smith v. State of Arkansas, from Lonoke Circuit.

CA01-661. D'Arbonne Construction Company, Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit.

CA01-996. Linda L. King v. Baxter County Regional Hospital, from Workers' Compensation Commission.

CA01-1099. Lisa Gray v. The Gladney Center, from Pulaski Circuit, Thirteenth Division.

CA01-1193. Dianna L. Watson v. Tayco, Inc., from Workers' Compensation Commission.

CA02-3. Elmer Dancy et ux. v. Wal-Mart Stores, Inc., from Jefferson Circuit.

CA02-28. McKesson Service Merchandising v. Jeff Weaver, from Workers' Compensation Commission.

CA02-32. Hans Nef v. Kinder Farm Partnership, from Pulaski Circuit, Thirteenth Division.

CA02-130. Darwin McKibben, Special Administrator v. Dr. R. Jay Mullis, from Washington Circuit.

CA02-144. Gina Deluca v. Bobby Stapleton, from Izard Circuit.

The following cases are appeals from the Arkansas Board of Review.

E02-67. William Tim McCoy v. Director et al.

E02-68. Charles R. Willis v. Director et al.

E02-69. Merlene Duncan v. Director et al.

E02-70. Myra T. Edwards v. Director et al.

E02-71. Gary Johnson v. Director et al.

E02-72. Vernon D. Crew v. Director et al.

E02-73. Lucy A. White v. Director et al.

E02-74. Robert A. Mills v. Director et al.

E02-75. Douglas Oxford v. Director et al.

E02-76. V. Dell Fraley v. Director et al.

E02-78. Melisa J. Vines v. Director et al.

E02-79. Robbin R. Eidson v. Director et al.