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

Opinions delivered
October 9, 2002


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Anderson v. State (Baker, J.) CACR01-1392

Criminal procedure -- Police-citizen encounter; appellant's actions did not indicate involvement in illegal activity; encounter not justified where officer was not investigating crime or informant's tip; denial of motion to suppress was against preponderance of evidence. [HTML, WP5.1]

Cherry v. State (Neal, J.) CACR02-61

Bail -- Appellant violated condition of appeal bond; trial court's revocation of appeal bond not abuse of discretion. [HTML, WP5.1]

McGrath v. Carson (Pittman, J.) CA02-168

Negligence -- Sufficient evidence existed from which jury could have inferred that appellee was not negligent in failing to order scan; verdict affirmed. [HTML, WP5.1]

Westside High Sch. v. Patterson (Vaught, J.) CA02-142

Workers Compensation -- Two-prong test for rapid repetitive motion acknowledged but not applied; case reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bearden v. Bearden, CA 01-1255 (Hart, J.), affirmed October 9, 2002. [HTML, WP5.1]

Boyle v. State, CA CR 01-1146 (Stroud, C.J.), affirmed October 9, 2002. [HTML, WP5.1]

Calkin v. State, CA CR 01-158 (Hart, J.), affirmed October 9, 2002. [HTML, WP5.1]

Cantrell v. State, CA CR 02-203 (Robbins, J.), affirmed October 9, 2002. [HTML, WP5.1]

Crooked Creek III, Inc. v. City of Greenwood, CA 02-14 (Crabtree, J.), reversed and remanded on direct appeal; cross-appeal moot October 9, 2002. [HTML, WP5.1]

Hall v. State, CA CR 02-134 (Baker, J.), affirmed October 9, 2002. [HTML, WP5.1]

Holloway v. Riley's Oak Hill Manor, Inc., CA 02-74 (Robbins, J.), affirmed October 9, 2002. [HTML, WP5.1]

Hunter v. State, CA CR 02-9 (Stroud, C.J.), affirmed October 9, 2002. [HTML, WP5.1]

Innisfree Sr. Living Apartments, Ltd. v. Chicago Title Servs., Inc., CA 02-394 (Per Curiam), dismissed October 9, 2002. [HTML, WP5.1]

Morrow v. State, CA CR 02-136 (Roaf, J.), affirmed October 9, 2002. [HTML, WP5.1]

Parks v. State, CA 01-947 (Griffen, J.), affirmed October 9, 2002. [HTML, WP5.1]

Trotter v. State, CA CR 01-306 (Pittman, J.), affirmed October 9, 2002. [HTML, WP5.1]

Willis v. Shermer, CA 02-178 (Jennings, J.), reversed and remanded October 9, 2002. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Alderman v. Director of Labor, E 02-126, October 9, 2002.

Becker v. Director of Labor, E 02-133, October 9, 2002.

C & H Tire Downtown, Inc. v. Director of Labor, E 02-124, October 9, 2002.

Damon v. Director of Labor, E 02-130, October 9, 2002.

Franklin v. Director of Labor, E 02-128, October 9, 2002.

Lee v. Director of Labor, E 02-131, October 9, 2002.

Liscomb v. Director of Labor, E 02-121, October 9, 2002.

McWayne v. Director of Labor, E 02-127, October 9, 2002.

Miller v. Director of Labor, E 02-129, October 9, 2002.

Reeves v. Director of Labor, E 02-120, October 9, 2002.

Richardson v. Director of Labor, E 02-123, October 9, 2002.


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-1146. Shannon David Boyle v. State of Arkansas, from Lonoke Circuit. Affirmed. Crabtree and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-9. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Affirmed. Crabtree and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-306. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit. Affirmed. Robbins and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-168. Mark McGrath v. Randall L. Carson, M.D., from Sebastian Circuit, Greenwood District. Affirmed. Bird, J., agrees. Robbins, J., concurs. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-158. Johnny Ray Calkin v. State of Arkansas, from White Circuit. Affirmed. Jennings and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1255. Brian R. Bearden v. Fawn A. Bearden, from Pulaski Circuit. Affirmed. Jennings and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA02-178. Tom Willis v. Anna Willis Shermer, from Pope Circuit. Reversed and Remanded. Hart and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-203. William B. Cantrell v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Pittman and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-74. Eric Holloway v. Riley's Oak Hill Manor, Inc., from Arkansas Circuit, Northern District. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-947. James Virgil Parks v. State of Arkansas, from Little River Chancery. Affirmed. Hart and Jennings, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-61. Robert Earl Cherry v. State of Arkansas, from Drew Circuit. Affirmed. Vaught and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-142. Westside High School and Risk Management Services v. Glenda Patterson, from Workers' Compensation Commission. Reversed and Remanded. Neal and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA02-14. Crooked Creek III, Inc. v. City of Greenwood et al., from Sebastian Chancery. Reversed and Remanded on Direct Appeal; Cross-Appeal Moot. Stroud, C.J., and Baker, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-1392. Robert Anderson v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Stroud, C.J., and Crabtree, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR02-134. Larry Dewayne Hall v. State of Arkansas, from Crittenden Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-136. Jacob Morrow v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-394. Innisfree Senior Living Apartments, Ltd. v. Chicago Title Services, Inc., et al., from Benton Circuit. Dismissed. Jennings and Crabtree, JJ., not participating. (3 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).

E02-120. 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.

PER CURIAM ORDERS

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

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

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CACR01-900. Edward Eugene Mayberry v. State of Arkansas, from Hot Spring Circuit. Motion of Bob Frazier for attorney's fees is granted. Allowed $1,000.00.

CACR01-903. Martha Owen v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Richard L. Hughes for attorney's fees is granted. Allowed $1,000.00.

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 is denied.

CACR01-1143. Glenn Adolph Williams v. State of Arkansas, from Fulton Circuit. Motion of Steven R. Davis for attorney's fees is granted. Allowed $1,000.00.

CACR01-1177. Tommy Glen Edds v. State of Arkansas, from Garland Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR01-1279. Franklin Welch v. State of Arkansas, from Saline Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $1,000.00.

CACR01-1325. Derrick T. Amos v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $1,000.00.

CACR02-203. William B. Cantrell v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

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

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

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

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

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 is granted.

CA02-102. Michael Hall v. Caroline Hall, from Pulaski Circuit, Seventeenth Division. Appellee's motion for additional brief time is granted. Brief due October 15, 2002. Final extension.

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

CA02-585. Jennifer Burt et al. 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 is denied. Brief due in twenty days.

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 is granted. Jennings and Crabtree, JJ., not participating.

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 is granted.

SUBMISSIONS

CACR01-950. Sharon H. Gilmore and Robert Vernon Gilmore v. State of Arkansas, from Washington Circuit.

CACR01-1087. Emanual Ilo v. State of Arkansas, from Faulkner Circuit.

CACR01-1280. Micah Eugene Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-33. Michael Anthony Bourdo v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-38. Maurice Atkinson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-221. Terrance A. Eatmon v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-234. Belinda L. Green v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA01-857. Robert Rushing v. El Dorado Civil Service Commission, from Union Circuit.

CA02-55. Deborah Ulibarri v. Jim Wood Company, Inc., from Workers' Compensation Commission.

CA02-84. Albert Hanna v. George Glover et al., from Union Chancery.

CA02-94. Kathryn Elizabeth Tatus, Administrator v. John M. Hayes, M. D. et al., from Pulaski Circuit, Second Division.

CA02-114. Victoria Shelley et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.

CA02-135. International Paper Company v. William D. Cothren, from Workers' Compensation Commission.

CA02-252. Derrick Beeks v. Jackie David Atkins et ux., from Benton Probate.

CA02-258. Cathy George v. State of Arkansas, from Pulaski Circuit, Fourteenth Division.

CA02-264. Lisa Lynne Martin v. Ronald Allen Martin, from Drew Circuit.

CA02-438. Edward Lee Bailey v. State of Arkansas, from Pulaski Circuit, Fifteenth Division.

CA02-525. Bernice Greenfield v. Arkansas Department of Human Services, from Franklin Circuit, Northern District.

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

E02-150. Matthew P. Powell v. Director et al.

E02-151. Dana C. Langhammer v. Director et al.

E02-153. Michael E. Knight v. Director et al.

E02-154. Ryan Kennedy Flosdorf v. Director et al.

E02-156. Sanyo Manufacturing Corporation v. Director et al.

E02-157. Grover L. Buford v. Director et al.

E02-158. Bobby C. Burks v. Director et al.

E02-159. John W. Smith v. Director, et al.

E02-160. Richard Anderson v. Director et al.

E02-161. Brenda Turner v. Director et al.

E02-162. Alyson A. Arciga v. Director et al.

E02-163. James A. Nunn v. Director et al.