Breakfield v. In & Out, Inc. (Baker, J.) CA02-220

Workers' compensation -- Helpful treatment declined by claimant; does not prohibit finding that healing period has ended; Commission's finding supported by substantial evidence. [HTML, WP5.1]

Duncan v. Director (Jennings, J.) E02-069

Unemployment compensation -- Good cause found for leaving employment; factors considered by Board of Review did not justify denial of compensation. [HTML, WP5.1]

McKibben v. Mullis (Neal, J.) CA02-130

Appeal & error -- Appellant lacked standing to pursue wrongful-death action; appointment of appellant as executor did not relate back; original complaint was a nullity. [HTML, WP5.1]

Peterrie Transp. Servs., Inc. v. Thurmond (Griffen, J.) CA02-185

Jury -- Issue of past & future earnings submitted to jury; no error found; videotape relevant to aid in explaining body's reaction to collision; no abuse of discretion in trial court's allowing tape into evidence. [HTML, WP5.1]

Tatus v. Hayes (Griffen, J.) CA02-94

Limitation of actions -- Wrongful-death claim not filed prior to expiration of savings period time-barred; no valid cause of action for heirs to ratify. [HTML, WP5.1]

Whisenhunt v. First State Bank of Conway (Crabtree, J.) CA02-115

Deeds -- Reformation; appellee not ignorant of true boundaries of lot; appellee knew of should have known appellants had no intention of correcting erroneous description; appellee not eligible to pursue reformation of deed. [HTML, WP5.1]

Clinkscale v. State, CA CR 02-166 (Bird, J.), affirmed November 6, 2002. [HTML, WP5.1]

Davis v. State, CA CR 02-417 (Roaf, J.), affirmed November 6, 2002. [HTML, WP5.1]

Dukes v. State, CA CR 01-1128 (Neal, J.), affirmed November 6, 2002. [HTML, WP5.1]

Estridge v. Waste Mngmnt. Transp. Ins. Co., CA 02-208 (Robbins, J.), appeal dismissed November 6, 2002. [HTML, WP5.1]

Guest v. State, CA CR 02-63 (Vaught, J.), affirmed November 6, 2002. [HTML, WP5.1]

Hurley v. Hurley, CA 02-52 (Griffen, J.), affirmed November 6, 2002. [HTML, WP5.1]

Pack v. Goddard, CA 02-215 (Griffen, J.), affirmed November 6, 2002. [HTML, WP5.1]

Peace v. Riggins, CA 02-248 (Hart, J.), affirmed November 6, 2002. [HTML, WP5.1]

Robinson v. State, CA 02-338 (Bird, J.), affirmed November 6, 2002. [HTML, WP5.1]

Vanderberg v. State, CA CR 01-1354 (Robbins, J.), affirmed November 6, 2002. [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA02-248. Thomas M. Peace v. Bonnie Jean Riggins, from Columbia Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

E02-69. Merlene Duncan v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Vaught and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-1354. Robert Dean Vanderberg v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-208. Jack Estridge v. Waste Management Transportation Insurance Company and Second Injury Fund, from Workers' Compensation Commission. Appeal Dismissed. Vaught and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-166. Yuhanna Clinkscale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-338. Charles Robinson, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, J., agrees. Pittman, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA02-52. Jeff Hurley v. Shannon Hurley, from Faulkner Circuit. Affirmed. Hart and Jennings, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-94. Kathryn Elizabeth Tatus, Administrator of the Estate of Mildred Lavonda Stutsman, Deceased v. John M. Hayes, M.D., et al., from Pulaski Circuit, Second Division. Affirmed. Hart and Jennings, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-185. Peterrie Transportation Services, Inc. v. George Thurmond, from St. Francis Circuit. Affirmed. Pittman and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-215. Robin Pack v. Ryan W. Goddard, from Pulaski Circuit, Fifteenth Division. Affirmed. Neal, J., agrees. Pittman, J., concurs. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-1128. Justin Dukes v. State of Arkansas, from Clark Circuit. Affirmed. Pittman and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-130. Darwin McKibben, Executor of the Estate of Susan McKibben, Deceased v. Dr. R. Jay Mullis and John Doe Nos. 1-10, from Washington Circuit. Affirmed. Jennings, Bird, Vaught, and Crabtree, JJ., agree. Baker, J., dissents. (5 PAGES + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-63. Jennifer Guest v. State of Arkansas, from Garland Circuit. Affirmed. Robbins and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA02-115. Joe and Margaret Whisenhunt v. First State Bank of Conway, from Faulkner Circuit. Reversed and Remanded. Jennings and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA02-220. Linda F. Breakfield v. In & Out, Inc. and Zenith Insurance Company, from Workers' Compensation Commission. Affirmed. Robbins and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-417. Clayton L. Davis v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

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

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

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CACR01-306. Robert L. Trotter, Jr. v. State of Arkansas, from Howard Circuit. Motion of Patrick J. Benca for attorney's fees is granted. Allowed $1,000.00.

CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William H. Craig for attorney's fees is granted. Allowed $1,000.00.

CACR01-1392. Robert Anderson v. State of Arkansas, from Garland Circuit. Motion of John W. Yeargan, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR02-63. Jennifer Guest v. State of Arkansas, from Garland Circuit. Motion of Thomas B. Wilson for attorney's fees is granted. Allowed $1,000.00.

CACR02-845. Marion Lynn Renfroe v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal is denied.

CACR02-845. Marion Lynn Renfroe v. State of Arkansas, from White Circuit. Appellant's motion to file belated brief and for brief time is granted.

CACR02-1027. Raymond M. Berta and James W. Berta v. State of Arkansas, from Lonoke Circuit. Appellants' motion to supplement the record is granted. Record deemed supplemented.

CACR02-1070. Earnest Jerome Spiller v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time is granted. Appellant's brief due in ninety days.

CA02-338. Charles Robinson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Jerry Larkowski for attorney's fees is granted. Allowed $1,000.00.

CA02-548. Virginia Dovers v. Stephenson Oil Company, Inc. et al., from Pulaski Circuit, Second Division. Appellant's motion for oral argument is granted.

CA02-626. Gene Addington v. Wal-Mart Stores, Inc., from Benton Circuit. Appellee's motion for oral argument is granted.

CA02-1142. Estate of Eula Thurman, Deceased et al. v. Forest Healthcare, Inc., d/b/a Forest Healthcare and Regional Management, Inc., from Howard Circuit. Appellant's motion to stay briefing schedule is granted. Briefing schedule is stayed for ninety days unless stay of bankruptcy court is lifted prior to February 4, 2003.

PETITION FOR REHEARING:

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

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

CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit. Motion of Martin J. Patterson for attorney's fees.

CACR02-468. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Appellant's motion to withdraw writ of certiorari and to accept belated brief.

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

CACR02-723. David C. Turner v. State of Arkansas, from Crittenden Circuit. Motion of Sam Perkins to be relieved as counsel for appellant and for brief time.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion for transcript.

CA02-212. Diane Harrison et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Motion of Steven Porch and the Carter Law Firm to withdraw as counsel for appellants.

CA02-694. Rebecca Ross v. Arkansas Department of Human Services , from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CA02-874. Joyce Whaley v. Kroger Company, from Arkansas Circuit, Southern District. Appellant's motion to file belated brief.

CA02-879. Southern Personnel Management, Inc. v. Wagnon Shale Pit & Excavating, Inc., from Crawford Circuit. Appellant's motion to file belated brief.

E02-316. Juanita T. Talley v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA02-89. McLane Southern, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board, from Pulaski Circuit, Thirteenth Division. Argued orally.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit.

CACR01-367. Jan Clifton Doyle v. State of Arkansas, from Crittenden Circuit.

CACR01-1200. Edgar Fondon v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-1300. Ronald B. Pachl v. State of Arkansas, from Faulkner Circuit.

CACR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit.

CACR01-1330. Larry Egbert v. State of Arkansas, from Crittenden Circuit.

CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit.

CA02-103. Horticare Landscape Management et al. v. Jerome McDonald, from Workers' Compensation Commission.

CA02-160. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Circuit.

CA02-190. Carolyn Williams v. Citibank (South Dakota), N.A., from Phillips Circuit.

CA02-194. James Nash v. Marianna Warehouse, from Workers' Compensation Commission.

CA02-297. Lionel Haynes and Robert Lester v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA02-311. Paul A. Culbreath et ux. v. Majoria F. Deshazo et al., from Fulton Circuit.

CA02-344. Henry J. Burns v. West Tree Service et al., from Workers' Compensation Commission.

CA02-363. Kerry Brand v. Arkansas Department of Human Services, from Pope Circuit.

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

E02-177. Rickie L. Stark v. Director et al.

E02-178. Willis R. Fraser v. Director et al.

E02-179. Rodney T. Moton v. Director et al.

E02-180. Mark Myer v. Director et al.

E02-181. Deniece A. Williams v. Director et al.

E02-182. Dorothy L. Kelley v. Director et al.

E02-183. Louis Knittig v. Director et al.

E02-184. Aisha Brooks v. Director et al.

E02-185. Depalma Hotel Corporation v. Director et al.

E02-186. Jerry E. Hughes v. Director et al.

E02-187. Ronald W. Hart v. Director et al.