Dickson v. Young (Bird, J.) CA01-1328

Adverse possession -- Mistaken boundary; objective conduct sufficient to derive intent to possess adversely & to withstand motion to dismiss; reversed & remanded for new trial. [HTML, WP5.1]

Dunklin v. First Magnus Fin. Corp. (Bird, J.) CA02-012

Civil procedure -- Insufficiency of process; appellant's failure to assert defense resulted in waiver. [HTML, WP5.1]

General v. State (Stroud, C.J.) CACR01-1001

Appeal & error -- Denial of motion for appeal bond; no basis for reversal. [HTML, WP5.1]

McGough v. Pine Bluff Sch. Dist. (Jennings, J.) CA01-1424

Schools & school districts -- Teacher Fair Dismissal Act applies only to suspensions imposed in connection with recommendation of termination or nonrenewal; Act did not apply to appellant's suspension. [HTML, WP5.1]

Nutt v. Delta Trust & Bank (Crabtree, J.) CA02-150

Contempt -- Responsibilities concerning money were clear; no justification for release without court order; trial court erred in applying statute of limitations for contract action to action for contempt; trial court's order granting summary judgment reversed. [HTML, WP5.1]

Pierce v. State (Crabtree, J.) CACR01-1292

Jurisdiction -- Circuit court lost jurisdiction to modify sentence upon execution; circuit court did not lose jurisdiction to revoke appellant's probation;conviction for fleeing supported by substantial evidence. [HTML, WP5.1]

Rhodes v. Farmers Ins. Co., Inc. (Hart, J.) CA01-1110

Insurance -- Appellants did not fulfill policy's conditions precedent; language of policy clear & unambiguous. [HTML, WP5.1]

Seachange Int'l, Inc. v. Putterman (Stroud, C.J.) CA01-1126

Conspiracy -- Civil conspiracy; existence of genuine issue of material fact demonstrated; reversed & remanded for trial. [HTML, WP5.1]

Watson v. Tayco, Inc. (Neal, J.) CA01-1193

Workers' compensation -- Objective evidence of closed-head injury lacking; Commission's decision that appellant failed to establish compensable injury affirmed. [HTML, WP5.1]

Gipson v. State, CA CR 01-686 (Griffen, J.), affirmed October 2, 2002. [HTML, WP5.1]

Merez v. Squire Court Ltd. Partnership, CA 02-82 (Robbins, J.), vacated and dismissed October 2, 2002. [HTML, WP5.1] Substituted opinion upon grant of petition for rehearing delivered December 18, 2002.

Mid-South Mfg., Inc. v. Brashears, CA 02-278 (Roaf, J.), affirmed October 2, 2002. [HTML, WP5.1]

Robertson v. Robertson, CA 02-225 (Baker, J.), affirmed in part; reversed and remanded in part October 2, 2002. [HTML, WP5.1]

Thomason v. Thomason, CA 02-116 (Neal, J.), affirmed October 2, 2002. [HTML, WP5.1]

Walker v. State, CA CR 01-1176 (Vaught, J.), affirmed October 2, 2002. [HTML, WP5.1]

Wofford v. State, CA CR 01-1421 (Roaf, J.), affirmed in part; reversed and dismissed in part October 2, 2002. [HTML, WP5.1]

Womack v. State, CA CR 02-45 (Pittman, J.), affirmed October 2, 2002. [HTML, WP5.1]

Brown v. Director of Labor, E 02-110, October 2, 2002.

Burke v. Director of Labor, E 02-114, October 2, 2002.

Chandler v. Director of Labor, E 02-117, October 2, 2002.

Mattax v. Director of Labor, E 02-116, October 2, 2002.

Metcalf v. Director of Labor, E 02-118, October 2, 2002.

Rice v. Director of Labor, E 02-108, October 2, 2002.

Richardson v. Director of Labor, E 02-109, October 2, 2002.

Smith v. Director of Labor, E 02-105, October 2, 2002.

Sykes v. Director of Labor, E 02-107, October 2, 2002.

Thompson v. Director of Labor, E 02-113, October 2, 2002.

Watson v. Director of Labor, E 02-111, October 2, 2002.

Yates v. Director of Labor, E 02-106, October 2, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-1001. Willie Rochelle General v. State of Arkansas, from Union Circuit. Affirmed. Jennings, Bird, and Neal, JJ., agree. Griffen and Crabtree, JJ., dissent. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-1126. SeaChange International, Inc. v. Jeffery O. Putterman et al., from Pulaski Circuit, Sixth Division. Reversed and Remanded. Crabtree and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-45. Shane Allen Womack v. State of Arkansas, from White Circuit. Affirmed. Robbins and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-1110. Walter and Betty Rhodes v. Farmers Insurance Company, Inc., from Hot Spring Circuit. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA01-1424. John L. McGough v. Pine Bluff School District, from Jefferson Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-82. Nigel Merez and Ormond Marshall v. Squire Court Limited Partnership, from Pulaski Circuit. Vacated and Dismissed. Pittman and Bird, JJ., agree. [HTML, WP5.1] Substituted opinion upon grant of petition for rehearing delivered December 18, 2002. (6 PAGES + 3-PAGE DISSENT UNPUBLISHED)

SAM BIRD, JUDGE:

CA01-1328. Keith Dickson v. James Young and Barry N. Young, from Garland Circuit. Reversed and Remanded. Jennings, Neal, Vaught, Crabtree, and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-12. Larry G. Dunklin v. First Magnus Financial Corporation, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-686. David Earl Gipson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Roaf, J., agrees. Pittman, J., concurs. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-116. Joseph Barry Thomason v. Rhonda Lu Thomason, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1193. Dianna L. Watson v. Tayco, Inc. (McDonald's), from Workers' Compensation Commission. Affirmed. Baker, J., agrees. Bird, J., concurs. (4 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit. Affirmed. Neal and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-1292. Ben Olan Pierce v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-150. Christopher Nutt v. Delta Trust & Bank, from Ashley Probate. Reversed and Remanded. Stroud, C.J., and Baker, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA02-225. Johnny Robertson v. Kathy Robertson, from Woodruff Circuit. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., agrees. Crabtree, J., concurs. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1421. Samuel Gene Wofford v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Reversed and Dismissed in Part. Neal and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-278. Mid-South Manufacturing, Inc. et al. v. Nancy Brashears, from Workers' Compensation Commission. Affirmed. Neal and Vaught, 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).

E02-105. 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.

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

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

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CACR01-1001. Willie Rochelle General v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $1,000.00.

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Clay T. Buchanan for attorney's fees is granted. Allowed $750.00.

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

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

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

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 is denied.

CA01-1187. Regions Bank et al. v. Michael Hagaman, M.D., from Baxter Circuit. Appellee's motion for attorney's fees and costs is granted. Allowed $1,800.00 in attorney's fees. Costs assessed on mandate.

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

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

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

CA02-865. Sharon Crain v. Naomi Leomia Winston Burns, from Faulkner Circuit. Appellant's motion for enlargement of time to file brief is granted. Robbins and Roaf, JJ., would grant forty-five days.

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 is granted.

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 is granted.

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 is granted.

PETITIONS FOR REHEARING:

CA01-1236. Eugene Farr et al. v. James M. Henson, Jr., from Pulaski Circuit, Twelfth Division.

CA01-1432. Matthew Kevin Verser v. Jared W. Richardson et ux., from Independence Probate.

CA02-76. Philip Morris USA et al. v. Gerald James, from Workers' Compensation Commission.

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CACR01-874. Raymond Lynn Agent v. State of Arkansas, from Crawford Circuit. Motion of James J. Lessmeister for attorney's fees.

CACR01-900. Edward Eugene Mayberry v. State of Arkansas, from Hot Spring Circuit. Motion of Bob Frazier for attorney's fees.

CACR01-903. Martha Owen v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Richard L. Hughes for attorney's fees.

CACR01-1096. Eugene Raymond Fischer v. State of Arkansas, from Marion Circuit. Motion of Jan Thornton to reconsider petition for costs and attorney's fees.

CACR01-1143. Glenn Adolph Williams v. State of Arkansas, from Fulton Circuit. Motion of Steven R. Davis for attorney's fees.

CACR01-1177. Tommy Glen Edds v. State of Arkansas, from Garland Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees.

CACR01-1279. Franklin Welch v. State of Arkansas, from Saline Circuit. Motion of Phyllis J. Lemons for attorney's fees.

CACR01-1325. Derrick T. Amos v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees.

CACR02-21. John Franklin Williams v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for bail pending appeal.

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to stay briefing schedule.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time.

CACR02-657. Leo Timmons v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CA01-845. Christopher Battishill et al. v. Arkansas Department of Human Services, from Greene Chancery. Motion to amend mandate to eliminate the award of costs against the Arkansas Department of Human Services.

CA02-102. Michael Hall v. Caroline Hall, from Pulaski Circuit, Seventeenth Division. Motion for additional brief time.

CA02-232. Cindy H. Cole v. Randall E. Cole, from Benton Circuit. Appellee's motion to dismiss portions of appellant's appeal.

CA02-338. Charles Robinson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Jerry Larkowski for attorney's fees.

CA02-538. D. W. Lainhart v. Diamante, a Private Membership Golf Club, LLC, from Saline Circuit. Appellee's motion to file belated brief.

CA02-585. Jennifer Burt v. Arkansas Department of Human Services et al., from Pulaski Circuit, Tenth Division. Appellant's motion to remand to the trial court to supplement the record and for brief time.

CA02-815. Vivian Sanderson et al. v. Sid McCollum, Executor of the Estate of Robert H. McCollum, M.D., Deceased, from Washington Circuit. Appellant's motion to file belated brief.

CA02-987. Alcoholic Beverage Control Division et al. v. Helen Bethell, from Monroe Circuit. Appellee's motion for writ of certiorari to complete the record.

CACR01-874. Raymond Lynn Agent v. State of Arkansas, from Crawford Circuit.

CACR01-1247. Joe Glenn Boblett v. State of Arkansas, from Boone Circuit.

CACR01-1313. Gregory Lamon Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-1316. Kenny W. Westerman v. State of Arkansas, from Faulkner Circuit.

CACR01-1326. Mark Allen Elser v. State of Arkansas, from Crawford Circuit.

CACR01-1331. Ross L. Chadwell v. State of Arkansas, from Benton Circuit.

CACR02-21. John Franklin Williams v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-254. Nelson Moy v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA01-1101. Glenn Hisaw et ux. v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit, Western District.

CA02-81. Brandy Marie Hewitt v. Gary Don Hewitt, from Cleburne Chancery.

CA02-199. Herb Adams et al. v. Wacaster Oil Company, Inc., from Garland Circuit.

CA02-211. Little Rock Electrical Contractors, Inc. v. Entergy Corporation, from Pulaski Circuit, Fifth Division.

CA02-232. Cindy H. Cole v. Randall E. Cole, from Benton Circuit.

CA02-338. Charles Robinson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA02-340. Heather Robbins et al. v. State of Arkansas, from Washington Circuit.

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

E01-174. Superior Senior Care, Inc. v. Director et al.

E01-293. John A. Magee v. Director et al.

E02-4. Arkansas Oklahoma Gas Corporation v. Director et al.

E02-134. Cinde A. Grissom v. Director et al.

E02-135. Sonja D. Peacock v. Director et al.

E02-136. Christopher Dollar v. Director et al.

E02-138. Frank C. Armstrong v. Director et al.

E02-139. Patrick J. Jackson v. Director et al.

E02-140. Searcy, Sanderlin & Saffold, LTD v. Director et al.

E02-142. Jeannette Ventry v. Director et al.

E02-144. Patricia A. Mayfield v. Director et al.

E02-145. Rodney A. Tucker v. Director et al.

E02-147. Willie A. Gulley, Jr. v. Director et al.

E02-148. Reynolds Termite & Pest Control v. Director et al.

E02-149. Lucy A. White v. Director et al.