Atkins v. L.L. Cole & Son, Inc. (Robbins, J.) CA02-177

Brokers -- Exclusive-sale contract entitled appellant to commission no matter who sold property; trial court erred in entering summary judgment for appellee. [HTML, WP5.1]

Deluca v. Stapleton (Roaf, J.) CA02-144

Parent & child -- Parental relocation; finding regarding appellant's motives & meeting of threshold burden not clearly erroneous; appellant found not credible. [HTML, WP5.1]

McCorkle Farms, Inc. v. Thompson (Roaf, J.) CA01-1405

Evidence -- Use of administrative agency report in cross-examining investigator was attempt to tell jury which result to reach; special investigations of particular complaints are not within public records & reports exception; trial court erred by not giving proper instruction on violation of regulations as evidence of negligence; reversal required following refusal of proper instruction; admission of average yield per acre reports without showing of comparability was error. [HTML, WP5.1]

Poulan Weed Eater v. Marshall (Baker, J.) CA01-1301

Workers' compensation -- Commission determined that additional medical treatment was necessary & related to appellee's compensable injury; decision supported by substantial evidence; Commission's findings that appellee was entitled to temporary total disability benefits from date of her termination & that appellee had not returned to work supported by substantial evidence. [HTML, WP5.1]

Amos v. State, CA CR 01-1325 (Stroud, C.J.), affirmed September 18, 2002. [HTML, WP5.1]

Brown v. State, CA CR 02-100 (Vaught, J.), affirmed September 18, 2002. [HTML, WP5.1]

Caffey v. State, CA CR 01-1241 (Robbins, J.), affirmed September 18, 2002. [HTML, WP5.1]

Caple v. Willingham, CA 01-1180 (Pittman, J.), affirmed September 18, 2002. [HTML, WP5.1]

Fairchild v. State, CA CR 01-1201 (Griffen, J.), affirmed September 18, 2002. [HTML, WP5.1]

Foster v. State, CA CR 02-668 (Per Curiam), Appellant's Motion to Withdraw Appeal granted; Appellant's Motion for Appointment of New Counsel denied September 18, 2002. [HTML, WP5.1]

Gasaway v. South Bend Hunting Club, Inc., CA 01-957 (Vaught, J.), affirmed September 18, 2002. [HTML, WP5.1]

Grier v. Director, E 01-250 (Crabtree, J.), affirmed September 18, 2002. [HTML, WP5.1]

Halley Oil Co. v. Paccio, CA 02-119 (Griffen, J.), affirmed September 18, 2002. [HTML, WP5.1]

McAdams v. McAdams, CA 02-666 (Per Curiam), Appellant's Pro Se Motion to Unseal Entire Record and for Brief Time; granted in part September 18, 2002. [HTML, WP5.1]

Peters v. State, CA CR 00-203 (Hart, J.), rebriefing ordered September 18, 2002. [HTML, WP5.1]

Phillips v. Phillips, CA 02-49 (Baker, J.), reversed and remanded September 18, 2002. [HTML, WP5.1]

Tillery v. Evans, CA 02-182 (Stroud, C.J.), reversed and remanded September 18, 2002. [HTML, WP5.1]

Welch v. State, CA CR 01-1279 (Baker, J.), affirmed September 18, 2002. [HTML, WP5.1]

Barnard v. Director of Labor, E 02-80, September 18, 2002.

Crofoot v. Director of Labor, E 02-83, September 18, 2002.

Cunningham v. Director of Labor, E 02-88, September 18, 2002.

Davis v. Director of Labor, E 02-91, September 18, 2002.

Dickerson v. Director of Labor, E 02-81, September 18, 2002.

Goodwill Indus. of Ark. v. Director of Labor, E 02-89, September 18, 2002.

Hendrickson v. Director of Labor, E 02-82, September 18, 2002.

New v. Director of Labor, E 02-84, September 18, 2002.

Sullivan v. Director of Labor, E 02-87, September 18, 2002.

Thomas v. Director of Labor, E 02-86, September 18, 2002.

Tilley v. Director of Labor, E 02-90, September 18, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-1325. Derrick Tydell Amos v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-182. Catherine Tillery (Lindsey) v. Floyd Carroll Evans, from Carroll Circuit. Reversed and Remanded. Hart and Robbins, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-1180. Dave Caple v. Jennifer Willingham, from Saline Circuit. Affirmed. Roaf, J., agrees. Griffen, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Rebriefing Ordered. Stroud, C.J., and Robbins, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-1241. Eric Caffey v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-177. John E. Atkins d/b/a Atkins Real Estate v. L. L. Cole & Son, Inc., from Woodruff Circuit. Reversed and Remanded. Stroud, C.J., and Hart, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-1201. Clifford Fairchild v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-119. Halley Oil Company and Federated Mutual Insurance Company v. Edith F. Paccio, from Workers' Compensation Commission. Affirmed. Roaf, J., agrees. Pittman, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-100. Willie Lee Brown v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-957. Clint Gasaway d/b/a The Association to Reopen Taylor Old River v. South Bend Hunting Club, Inc. and Chicago Mill & Lumber Company, from Lincoln Chancery. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

E01-250. James R. Grier v. Director, Employment Security Department and Exide Corporation, from Board of Review. Affirmed. Jennings and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-1279. Franklin Welch v. State of Arkansas, from Saline Circuit. Affirmed. Bird and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1301. Poulan Weed Eater v. Loretta Marshall, from Workers' Compensation Commission. Affirmed. Stroud, C.J., Bird, and Vaught, JJ., agree. Pittman, J., concurs. Hart, Robbins, Crabtree, and Roaf, JJ., dissent. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-49. Melissa Ann Phillips v. Robert James Phillips, from Benton Circuit. Reversed and Remanded. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA01-1405. McCorkle Farms, Inc. v. Gene Thompson, from Cross Circuit. Reversed and Remanded. Pittman and Griffen, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

CA02-144. Gina Deluca v. Bobby Stapleton, from Izard Circuit. Affirmed. Pittman, J., agrees. Griffen, J., concurs. (10 PAGES 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).

E02-80. Dewey E. Barnard v. Director et al.

E02-81. Ora L. Dickerson v. Director et al.

E02-82. Karen R. Hendrickson v. Director et al.

E02-83. Shannon M. Crofoot v. Director et al.

E02-84. Christopher D. New v. Director et al.

E02-86. Susan A. Thomas v. Director et al.

E02-87. Jerry L. Sullivan v. Director et al.

E02-88. Margaret Cunningham v. Director et al.

E02-89. Goodwill Industries of Arkansas v. Director et al.

E02-90. Bucky Tilley v. Director et al.

E02-91. Tina Marie Davis v. Director et al.

CACR01-849. Antonio Lenoir v. State of Arkansas, from Cross Circuit. Motion of Joe R. Perry for reconsideration of attorney's fees and costs is denied.

CACR01-1160. Franklin D. Moore v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees is granted. Allowed $1,000.00.

CACR02-324. John Briley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to file an amended appeal is denied.

CACR02-558. Steve Robinson v. State of Arkansas, from Chicot Circuit. Appellant's motion to reinstate appeal is granted.

CACR02-586. Carl Wade Cousins v. State of Arkansas, from Washington Circuit. Appellant's motion to reinstate appeal is granted.

CACR02-668. Bryson Foster v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to withdraw appeal is granted. Appellant's motion for appointment of new counsel is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-668. Bryson Foster v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for stay of appeal is moot.

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 is granted.

CA02-75. Arrow International, Inc. v. Misty Long Sparks, from Independence Circuit. Appellee's motion to supplement the record is denied.

CA02-583. Howard W. Curry et ux. v. William S. Thornsberry et ux., from Pope Circuit. Appellants' motion to permit supplement to addendum is granted.

CA02-666. B. J. McAdams v. Robert L. McAdams, from Pulaski Circuit, Seventeenth Division. Appellant's pro se motion to unseal entire record and for brief time is granted in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-733. Tony Quinn v. Arkansas Contractors Licensing Board, from Phillips Circuit. Appellee's motion to remand to circuit court to correct clerical error and for brief time is granted. Remanded to the trial court to settle the record within thirty days. Brief due November 18, 2002.

CA02-807. Hardy Construction Company, Inc. v. Arkansas State Highway & Transportation Department, from Pulaski Circuit, Sixteenth Division. Appellant's motion to stay briefing schedule is granted. Vaught and Crabtree, JJ., would deny. Baker, J., not participating.

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 is granted. Brief due in sixty days.

E02-248. Connie Wellen v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

CACR00-910. Mark Latta v. State of Arkansas, from Garland Circuit. Motion of R.S. McCullough for attorney's fees.

CACR01-927. Carl J. Nash v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Linda Scribner for attorney's fees.

CACR01-944. Billy Reece Crain v. State of Arkansas, from Grant Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees.

CACR01-1015. Kedron Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Bill Luppen for attorney's fees.

CACR01-1342. Benny Hulsey v. State of Arkansas, from Benton Circuit. Appellant's pro se motion to supplement brief.

CACR02-279. Jerry Brown v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time.

CACR02-472. Shannon Ray v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time.

CACR02-476. Alvin Tinkes v. State of Arkansas, from Sevier Circuit. Appellant's motion for additional brief time.

CACR02-505. Dennis Earl Anthony v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time.

CACR02-561. Betty Thompson v. State of Arkansas, from Union Circuit. Appellant's motion for additional brief time.

CACR02-830. Gary J. Roberts v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to complete the record and for brief time.

CACR02-921. David M. Dye v. State of Arkansas, from Ashley Circuit. Motion of G. B. "Bing" Colvin, III to withdraw as counsel and to appoint Gary Potts to represent the appellant.

CA02-7. Wal-Mart Stores, Inc. et al. v. Mary Austin, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA02-308. City of Dover, Arkansas v. City of Russellville, Arkansas, from Pope Circuit. Appellee's petition for writ of certiorari to complete the record and for brief time.

CA02-605. Lamar Neill v. Nationwide Mutual Fire Insurance Company, from Logan Circuit, Northern District. Appellant's motion to file belated reply brief.

CA02-722. Amanda Beatrice Lyman et al. v. Tracey E. Ivy, from Washington Circuit. Appellee's motion to file belated supplemental abstract and brief.

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

CA02-876. Wal-Mart Stores, Inc. et al. v. Vivian Tucker et al., from Sevier Circuit. Appellants' motion to supplement the record.

CA02-902. Cleo Hall v. A.J. Winberry et al., from Pulaski Circuit, Sixth Division. Motion of separate appellee, HRH Safety & Health Systems, Inc., to dismiss appeal.

CA01-1126. Seachange International, Inc. v. Jeffery O. Putterman, from Pulaski Circuit, Fifth Division. Argued orally.

CACR01-1015. Kedron Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR01-1292. Ben Olan Pierce v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-1392. Robert Anderson v. State of Arkansas, from Garland Circuit.

CACR01-1421. Samuel Gene Wofford v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-9. Andre Hunter v. State of Arkansas, from St. Francis Circuit.

CACR02-45. Shane Allen Womack v. State of Arkansas, from White Circuit.

CA01-1110. Walter Rhodes et ux. v. Farmers Insurance Company, Inc., from Hot Spring Circuit.

CA02-12. Larry G. Dunklin v. First Magnus Financial Corporation, from Pulaski Circuit, Second Division.

CA02-52. Jeff Hurley v. Shannon Hurley, from Faulkner Circuit.

CA02-82. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division.

CA02-116. Joseph Barry Thomason v. Rhonda Lee Thomason, from Pulaski Circuit, Fifteenth Division.

CA02-142. Westside High School et al. v. Glenda Patterson, from Workers' Compensation Commission.

CA02-150. Christopher Nutt v. Delta Trust & Bank, from Ashley Probate.

CA02-225. Johnny Robertson v. Kathy Robertson, from Woodruff Circuit.

CA02-250. Gehard Wunderlich et ux. v. Rebecca Sue Alexander, from Hempstead Probate.

CA02-278. Mid-South Manufacturing, Inc. et al. v. Nancy Brashears, from Workers' Compensation Commission.

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

E02-105. Tammy J. Smith v. Director et al.

E02-106. Cherie L. Yates v. Director et al.

E02-107. Betty J. Sykes v. Director et al.

E02-108. Karen F. Rice v. Director et al.

E02-109. Lonnie E. Richardson v. Director et al.

E02-110. Billy L. Brown v. Director et al.

E02-111. Mia Watson v. Director et al.

E02-113. Dena K. Thompson v. Director et al.

E02-114. John C. Burke v. Director et al.

E02-116. Amanda B. Mattax v. Director et al.

E02-117. Robert Chandler, Jr. v. Director et al.

E02-118. Maria A. Metcalf v. Director et al.