Opinions delivered
September 11, 2002
Farr v. Henson (Crabtree, J.) CA01-1236
Trusts -- Procurement clearly occurred; trial judge erred in finding that appellee did not procure documents; appellants should have been permitted to cross-examine appellee on matters related to truthfulness; trial court abused discretion. [HTML, WP5.1]
King v. Baxter County Reg. Hosp. (Bird, J.) CA01-996
Appeal & error -- Necessary references to pages of abstract or addendum missing; appellant offered opportunity to cure deficiency pursuant to Ark. Sup. Ct. R. 4-2. [HTML, WP5.1]
Nef v. AG Servs. of Am., Inc. (Vaught, J.) CA02-32
Attorney & client -- Attorney's fees; award reduced where trial court erred in awarding attorney's fee in regard to conversion claim; saving statute did not apply where appellant did not complete service on appellee; Ark. Code Ann. § 4-9-313(5) is "pure race" statute; appellee did not prove that appellee had actual knowledge of contents of financing statement. [HTML, WP5.1]
Price v. Garrett (Jennings, J.) CA01-1259
Civil procedure -- Motion under Ark. R. Civ. P. 52 (a) did not extend time for filing notice of appeal; appeal dismissed. [HTML, WP5.1]
Regions Bank v. Hagaman (Jennings, J.) CA01-1187
Evidence -- Expert testimony; witness properly admitted. [HTML, WP5.1]
Smith v. State (Hart, J.) CACR01-1323
Search & seizure -- Affidavit in support of search warrant did not contain any reference to time & time element could not be inferred from four corners of affidavit; case reversed. [HTML, WP5.1]
Advance Food Servs., Inc. v. Cooper Realty Invs., Inc., CA 01- 1422 (Stroud, C.J.), affirmed as modified September 11, 2002. [HTML, WP5.1]
Dancy v. Wal-Mart Stores, Inc., CA 02-3 (Crabtree, J.), appeal dismissed without prejudice September 11, 2002. [HTML, WP5.1]
Heikkila v. State, CA CR 02-852 (Per Curiam), Motion of Louis Lim to Withdraw as Counsel for Appellant and to Substitute Mark Alan Jesse as Counsel for Appellant; remanded to the trial court September 11, 2002. [HTML, WP5.1]
International Paper Co. v. Collier, CA 01-1103 (Robbins, J.), reversed and remanded September 11, 2002. [HTML, WP5.1]
McKesson Serv. Merch. v. Weaver, CA 02-28 (Griffen, J.), affirmed September 11, 2002. [HTML, WP5.1]
Olles v. State, CA CR 01-1204 (Baker, J.), affirmed September 11, 2002. [HTML, WP5.1]
Owen v. State, CA CR 01-903 (Pittman, J.), affirmed September 11, 2002. [HTML, WP5.1]
Plumley v. State, CA CR 01-1105 (Bird, J.), affirmed September 11, 2002. [HTML, WP5.1]
Staton v. State, CA CR 01-1227 (Roaf, J.), affirmed September 11, 2002. [HTML, WP5.1]
Winkler v. State, CA CR 01-1378 (Neal, J.), remanded September 11, 2002. [HTML, WP5.1]
Crew v. Director of Labor, E 02-72, September 11, 2002.
Duncan v. Director of Labor, E 02-69, September 11, 2002.
Edwards v. Director of Labor, E 02-70, September 11, 2002
Eidson v. Director of Labor, E 02-79, September 11, 2002.
Fraley v. Director of Labor, E 02-76, September 11, 2002.
Johnson v. Director of Labor, E 02-71, September 11, 2002.
McCoy v. Director of Labor, E 02-67, September 11, 2002.
Mills v. Director of Labor, E 02-74, September 11, 2002.
Oxford v. Director of Labor, E 02-75, September 11, 2002.
Vines v. Director of Labor, E 02-78, September 11, 2002.
White v. Director of Labor, E 02-73, September 11, 2002.
Willis v. Director of Labor, E 02-68, September 11, 2002.
JOHN F. STROUD, JR., CHIEF JUDGE:
CA01-1422. Advance Food Services, Inc. v. Cooper Realty Investments, Inc., from Faulkner Circuit. Affirmed as Modified. Bird and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR01-903. Martha Owen v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Griffen and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR01-1323. Patrick William Smith v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. Stroud, C.J., and Robbins, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA01-1187. Regions Bank, as Permanent Guardian of the Estate of Willard Gene Harris, a Minor and Lindsey Marie Bumpus, Individually v. Michael Hagaman, M.D., from Baxter Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]
CA01-1259. Lori A. (Garrett) Price v. Gregory A. Garrett, Jr., from Cleburne Circuit. Dismissed. Vaught and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA01-1103. International Paper Company v. James Collier et al., from Lafayette Circuit. Reversed and Remanded. Stroud, C.J., and Hart, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR01-1105. George David Plumley v. State of Arkansas, from Miller Circuit. Affirmed. Neal and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-996. Linda L. King v. Baxter County Regional Hospital, from Workers' Compensation Commission. Rebriefing Ordered. Neal and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA02-28. McKesson Service Merchandising, Gallagher Basset Service, Inc. v. Jeff Weaver, from Workers' Compensation Commission. Affirmed. Roaf, J., agrees. Pittman, J., concurs. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR01-1378. Shelby Winkler v. State of Arkansas, from Pulaski Circuit. Remanded. Baker, J., agrees. Bird, J., concurs. (3 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA02-32. Hans Nef v. AG Services of America, Inc. and AG Acceptance Corporation, from Pulaski Circuit. Affirmed as Modified. Jennings and Crabtree, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA01-1236. Eugene Farr et al. v. James M. Henson, Jr., from Pulaski Circuit, Twelfth Division. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., and Bird, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA02-3. Elmer Dancy and Yvonne Dancy v. Wal-Mart Stores, Inc. and John Does 1-25, from Jefferson Circuit. Appeal Dismissed Without Prejudice. Jennings and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR01-1204. Gerald Tony Olles v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR01-1227. Randy Staton v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman and Griffen, JJ., agree. (5 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).
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.
CACR02-169. Jerry Hawkins v. State of Arkansas, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Final extension. Griffen and Crabtree, JJ., would deny.
CACR02-228. James E. Smith v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion to file additional points for reversal is denied. Griffen, J., would grant.
CACR02-383. Michael Jackson, Jr. v. State of Arkansas, from Clark Circuit. Appellant's motion for additional brief time is granted.
CACR02-397. Winfred Javaar Lawrence v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.
CACR02-424. Curtis Brown v. State of Arkansas, from Nevada Circuit. Appellant's motion for additional brief time is granted. Final extension. Griffen and Crabtree, JJ., would deny.
CACR02-563. Felton Adams v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal is granted.
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 is remanded to the trial court. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-1229. Linda K. White v. Remington Arms Company et al., from Workers' Compensation Commission. Appellant's motion to set aside opinion and order of August 20, 2002 is denied.
CA02-273. Weyerhauser Company v. James A. Read, from Van Buren Circuit. Appellant's motion for additional brief time is granted. Stroud, C.J., Griffen, and Roaf, JJ., would make this final extension. Crabtree, J., would deny.
CA02-298. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion for additional brief time is granted. Brief due September 17, 2002.
CA02-309. Cindy Mullen v. Nettleton Public Schools, from Workers' Compensation Commission. Appellant's motion for additional brief time is granted.
CA02-398. Robert McCree v. Shirley Walker et al., from Ouachita Circuit. Appellant's motion to file belated brief is granted.
CA02-687. James Robinson v. Wortz Company, from Conway Circuit. Appellee's motion to dismiss appeal is granted.
CA02-838. Richard Roeben v. Applied Systems Technologies, Inc. et al., from Pulaski Circuit, Fifteenth Division. Appellees' motion to dismiss appeal is granted.
CACR01-849. Antonio Lenoir v. State of Arkansas, from Cross Circuit. Motion of Joe R. Perry for reconsideration of attorney's fees and costs.
CACR01-1160. Franklin D. Moore v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees.
CACR02-558. Steve Robinson v. State of Arkansas, from Chicot Circuit. Appellant's motion to reinstate appeal.
CACR02-586. Carl Wade Cousins v. State of Arkansas, from Washington Circuit. Appellant's motion to reinstate appeal.
CA01-928. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to amend mandate to eliminate the award of costs against the State.
CA02-75. Arrow International, Inc. v. Misty Long Sparks, from Independence Circuit. Appellee's motion to supplement the record.
CA02-583. Howard W. Curry et ux. v. William S. Thornsberry et ux., from Pope Circuit. Appellants' motion to permit supplement to addendum.
CA02-733. Tony Quinn v. Arkansas Contractors Licensing Board, from Phillips Circuit. Appellee's motion to remand to correct the record and for brief time.
CA02-807. Hardy Construction Company, Inc. v. Arkansas State Highway and Transportation Department et al., from Pulaski Circuit, Sixteenth Division. Appellant's motion to stay briefing schedule.
CA02-848. Mark A. Lynn v. Richard L. Cox, from Phillips Circuit. Joint motion for consolidation and correction of the record and for brief time.
E02-248. Connie Wellen v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.
CA01-1317. Leslie L. Finn v. Dr. Don R. Phillips, from Sebastian Circuit, Fort Smith District. Argued orally.
CACR01-518. Cynthia Brannon and Amanda Boren v. State of Arkansas, from Pope Circuit.
CACR01-620. Richard Keith Holloway v. State of Arkansas, from Crawford Circuit.
CACR01-686. David Earl Gipson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR01-851. Tracy Ann Owen v. State of Arkansas, from Boone Circuit.
CACR01-925. Steven Ray Abshure v. State of Arkansas, from Lonoke Circuit.
CACR01-1147. Willie Albert Johnson v. State of Arkansas, from Hot Spring Circuit.
CA01-767. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division.
CA02-59. Old Republic Insured Financial Acceptance Corporation v. Odis Williams et al., from Pulaski Circuit, Third Division.
CA02-72. Timothy Sharp v. Heather Sharp, from Sevier Chancery.
CA02-156. Hazel I. Davis v. William H. Davis, from Arkansas Circuit, Northern District.
CA02-185. Peterrie Transportation Services, Inc. v. George Thurmond, from St. Francis Circuit.
CA02-195. Pedro Barriga et ux. v. The Arkansas & Missouri Railroad Company, from Benton Circuit.
CA02-202. Dana Corporation et al. v. Judy Foshee, from Workers' Compensation Commission.
CA02-205. James R. Harelson v. Diamond International, from Workers' Compensation Commission.
CA02-214. Builder One Carpet One v. David Wilkins et ux., from Pulaski Circuit, Seventh Division.
CA02-355. Steven Nickell v. William Simone, from Faulkner Circuit.
The following cases are appeals from the Arkansas Board of Review.
E02-92. Mark W. Talbert v. Director et al.
E02-93. Mark W. Smith v. Director et al.
E02-94. Bill G. Muncy v. Director et al.
E02-95. Applebee's Neighborhood Grill & Bar v. Director et al.
E02-96. Anthony S. Ellis v. Director et al.
E02-97. Pamela T. Reen v. Director et al.
E02-98. Floyd Anglin v. Director et al.
E02-99. William M.. Callahan v. Director et al.
E02-100. Beatrice G. Dodson v. Director et al.
E02-102. Danny Fatherree v. Director et al.
E02-103. Retha Younger-Thompson v. Director et al.
E02-104. Jerrod J. Dorsey v. Director et al.