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

Opinions delivered
September 25, 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Download ZIP file containing today's unpublished WP5.1 files.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.

Conn v. Arkansas Dep't of Human Servs. (Robbins, J.) CA01-1416

Parent & child -- Termination of parental rights; trial court's decision to terminate clearly erroneous. [HTML, WP5.1]

Davis v. Davis (Hart, J.) CA02-156

Divorce -- Property division; marital funds used to pay nonmarital debt; trial judge clearly erred in finding that farm was appellee's nonmarital property; award reversed & remanded; adult disable child received more in social security benefits than was required by support chart; no abuse of discretion found in amount of support awarded. [HTML, WP5.1]

Estate of Baker v. Davis (Hart, J.) CA01-948

Courts -- Hearings on actions; change of venue improper; reversed & remanded for hearing on new-trial motion in proper venue. [HTML, WP5.1]

Gray v. The Gladney Center (Stroud, C.J.) CA01-1099

Adoption -- Trial judge determined that consent to adoption was not executed under duress; finding not clearly erroneous. [HTML, WP5.1]

Holloway v. Arkansas State Bd. of Architects (Neal, J.) CA01-767

Administrative law & procedure -- Board did not rule on constitutional issue; matter remanded; fact that appellant was engaged in planning & design of building was not enough to prove that he was engaged in unauthorized practice of architecture; further fact-finding required on whether appellant's actions fell within definition of practice of engineering; need for adaptation of ethics rules in recognition of uniqueness of office of attorney general; attorney general representing only one agency in administrative proceeding; no indication two agencies would develop adverse interests; trial court did not abuse discretion in affirming appellee's refusal to disqualify attorney general. [HTML, WP5.1]

Williams v. State (Neal, J.) CACR02-018

Appeal & error -- Dismissal of appellant's appeal not authorized by Ark. Code Ann. § 16-96-508; reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Builder One Carpet One v. Wilkins, CA 02-214 (Vaught, J.), rebriefing ordered September 25, 2002. [HTML, WP5.1]

Dana Corp. v. Foshee, CA 02-202 (Pittman, J.), affirmed September 25, 2002. [HTML, WP5.1]

Davis v. State, CA CR 01-1165 (Griffen, J.), affirmed September 25, 2002. [HTML, WP5.1]

Edds v. State, CA CR 01-1177 (Neal, J.), affirmed September 25, 2002. [HTML, WP5.1]

Finn v. Phillips, CA 01-1317 (Baker, J.), affirmed September 25, 2002. [HTML, WP5.1]

Harelson v. Diamond Inter. Risk Management, CA 02-205 (Baker, J.), affirmed September 25, 2002. [HTML, WP5.1]

Holloway v. State, CA CR 01-620 (Roaf, J.), affirmed September 25, 2002. [HTML, WP5.1]

Johnson v. State, CA CR 01-1147 (Stroud, C.J.), affirmed September 25, 2002. [HTML, WP5.1]

Nickell v. Simone, CA 02-355 (Crabtree, J.), affirmed September 25, 2002. [HTML, WP5.1]

Old Republic Insured Fin. Accept. Corp. v. Williams, CA 02-59 (Robbins, J.), reversed and remanded September 25, 2002. [HTML, WP5.1]

Owen v. State, CA CR 01-851 (Pittman, J.), affirmed September 25, 2002. [HTML, WP5.1]

Rashad v. State, CA CR 01-780 (Neal, J.), reversed and remanded September 25, 2002. [HTML, WP5.1]

Sharp v. Sharp, CA 02-72 (Bird, J.), affirmed September 25, 2002. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Anglin v. Director of Labor, E 02-98, September 25, 2002.

Applebee's Neighborhood Grill & Bar v. Director of Labor, E 02- 95, September 25, 2002.

Callahan v. Director of Labor, E 02-99, September 25, 2002.

Dodson v. Director of Labor, E 02-100, September 25, 2002.

Dorsey v. Director of Labor, E 02-104, September 25, 2002.

Ellis v. Director of Labor, E 02-96, September 25, 2002.

Fatherree v. Director of Labor, E 02-102, September 25, 2002.

Muncy v. Director of Labor, E 02-94, September 25, 2002.

Reen v. Director of Labor, E 02-97, September 25, 2002.

Smith v. Director of Labor, E 02-93, September 25, 2002.

Talbert v. Director of Labor, E 02-92, September 25, 2002.

Younger-Thompson v. Director of Labor, E 02-103, September 25, 2002.


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-1147. Willie Albert Johnson v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1099. Lisa Gray and Kristal Nelson, a minor v. The Gladney Center, from Pulaski Circuit. Affirmed. Robbins, J., agrees. Hart, J., concurs. (11 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-851. Tracy Ann Owen v. State of Arkansas, from Boone Circuit. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-202. Dana Corporation v. Judy Foshee, from Workers' Compensation Commission. Affirmed. Griffen and Roaf, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-948. The Estate of Noel Baker, Jr., Vickie White, Executrix v. Gary Davis, from Searcy Chancery. Reversed and Remanded. Griffen, Neal, Crabtree, and Roaf, JJ., agree. Stroud, C.J., and Bird, J., agree in part and dissent in part. Jennings and Vaught, JJ., dissent. (5 PAGES + 2-PAGE AGREE/DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-156. Hazel Davis v. William Davis, from Arkansas Circuit. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., and Robbins, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-1416. Sherry Conn and Charles Conn v. Arkansas Department of Human Services, from Pope Circuit. Reversed and Remanded. Hart, Bird, Neal, and Baker, JJ., agree. Stroud, C.J., concurs. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-59. Old Republic Insured Financial Acceptance Corporation v. Odis Williams and Katie Mae Rodgers, from Pulaski Circuit. Reversed and Remanded. Stroud, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-72. Timothy Sharp v. Heather Sharp, from Sevier Chancery. Affirmed. Neal and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-1165. James E. Davis v. State of Arkansas, from Cross Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Bird and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1177. Tommy Glen Edds v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-18. Jerry Wayne Williams v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Bird and Baker, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

CA01-767. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Bird and Baker, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-214. Builder One Carpet One a/d/b/a Design One Carpet One v. David Wilkins and Janet Wilkins, from Pulaski Circuit. Rebriefing Ordered. Jennings and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA02-355. Steven Nickell v. William R. Simone, from Faulkner Probate. Affirmed. Jennings and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-1317. Leslie Finn v. Don Phillips and Holt Krock Clinic, from Sebastian Circuit. Affirmed. Bird and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-205. James R. Harelson v. Diamond International Risk Management, from Workers' Compensation Commission. Affirmed. Bird and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-620. Richard Keith Holloway v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

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.

PER CURIAM ORDERS

CACR00-910. Mark Latta v. State of Arkansas, from Garland Circuit. Motion of R.S. McCullough for attorney's fees is denied. See Supreme Court Rule 6-6.

CACR01-927. Carl J. Nash v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Linda Scribner for attorney's fees is granted. Allowed $1,000.00.

CACR01-944. Billy Reece Crain v. State of Arkansas, from Grant Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR01-1165. James E. Davis v. State of Arkansas, from Cross Circuit. Motion of Ray Waters for attorney's fees is granted. Allowed $1,000.00.

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

CACR02-169. Jerry Hawkins v. State of Arkansas, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Griffen, Vaught, and Crabtree, JJ., would deny.

CACR02-279. Jerry Brown v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time is granted for thirty days. Griffen and Crabtree, JJ., would deny. Roaf, J., would make this final extension.

CACR02-424. Curtis Brown v. State of Arkansas, from Nevada Circuit. Appellant's motion for additional brief time is granted. Griffen, Vaught, and Crabtree, JJ., would deny.

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

CACR02-476. Alvin Tinkes v. State of Arkansas, from Sevier Circuit. Appellant's motion for additional brief time is granted. Crabtree, J., would deny.

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

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

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 is granted.

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 is granted.

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

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 is granted.

CA02-605. Lamar Neill v. Nationwide Mutual FIre Inc. Co., from Logan Circuit, Northern District. Appellant's motion to file belated reply brief is granted.

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

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 is granted.

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

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA01-1194. Dorothy M. Garland v. James R. Garland, from Jefferson Chancery.

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

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Clay T. Buchanan for attorney's fees.

CACR02-192. Gregory L. Bolin v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees.

CACR02-203. William B. Cantrell v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees.

CACR02-222. Robert E. Munday v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR02-582. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Appellant's motion to file an enlarged brief.

CACR02-774. Fabiouns Myles v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's pro se motion to relieve counsel.

CACR02-849. Diana Lancaster v. State of Arkansas, from Stone Circuit. Appellant's motion to consolidate CACR02-850 with this appeal.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se petition for writ of mandamus to acquire transcript and motion for brief time.

CA01-1187. Regions Bank et al. v. Michael Hagaman, M.D., from Baxter Circuit. Appellee's motion for attorney's fees and costs.

CA02-465. Harold Scott et ux. v. W. R. Bell Products, Inc. et al., from Ouachita Circuit. Appellees' motion to dismiss appeal.

CA02-543. Southern Farm Bureau Casualty Insurance Company v. Gary Craven et ux., from White Circuit. Appellant's motion to expedite appeal.

CA02-600. Jermone Graves v. Loran Graves Stevison, from Crittenden Circuit. Appellant's motion to file belated reply brief.

CA02-865. Sharon Crain v. Naomi Leomia Winston Burns, from Faulkner Circuit. Appellant's motion for enlargement of time to file brief.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellees' motion to consolidate E02-246, E02-247, and E02-251 with this appeal and to remand to the Board of Review for reconsideration.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellees' motion to withdraw motions to remand to Board of Review for reconsideration.

E02-262. Calvin Jacobs v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CA02-171. Tommy Barnett v. Leonard Howard, from White Circuit. Argued orally.

CACR01-158. Johnny Ray Calkin v. State of Arkansas, from White Circuit.

CACR01-306. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit.

CACR01-792. Eric Z. Grillot v. State of Arkansas, from Van Buren Circuit.

CACR01-1146. Shannon David Boyle v. State of Arkansas, from Lonoke Circuit.

CACR02-61. Robert Earl Cherry v. State of Arkansas, from Drew Circuit.

CACR02-123. Earmon Wright v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-134. Larry Dewayne Hall v. State of Arkansas, from Crittenden Circuit.

CACR02-136. Jacob Melton Morrow v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-192. Gregory L. Bolin v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR02-203. William B. Cantrell v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR02-222. Robert E. Munday v. State of Arkansas, from Sebastian Chancery, Fort Smith District.

CA01-947. James Virgil Parks v. State of Arkansas, from Little River Chancery.

CA01-1255. Brian R. Bearden v. Fawn A. Bearden, from Pulaski Circuit, Twelfth Division.

CA02-14. Crooked Creek, III, Inc. v. City of Greenwood et al., from Sebastian Circuit, Greenwood District.

CA02-74. Eric Holloway et ux. v. Riley's Oak Hill Manor, Inc., from Arkansas Circuit, Northern District.

CA02-168. Mark McGrath v. Randall L. Carson, M.D., from Sebastian Circuit, Greenwood District.

CA02-178. Tom Willis v. Anna Willis Shermer, from Pope Circuit.

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

E02-120. Andrew E. Reeves v. Director et al.

E02-121. Mary Liscomb v. Director et al.

E02-123. Marcy L. Richardson v. Director et al.

E02-124. C & H Tire Downtown, Inc. v. Director et al.

E02-126. Billy M. Alderman v. Director et al.

E02-127. Mack D. McWayne v. Director et al.

E02-128. Ernesta Franklin v. Director et al.

E02-129. Eric C. Miller v. Director et al.

E02-130. George R. Damon v. Director et al.

E02-131. Betty J. Lee v. Director et al.

E02-133. Dea A. Becker v. Director et al.