Abbott v. Abbott (Hart, J.) CA02-196

Divorce -- Decree's reference to "retirement" was latently ambiguous; trial judge's construction of decree not clearly erroneous; award of judgment to appellee affirmed & case remanded with directions to require that qualified domestic relations order be entered. [HTML, WP5.1]

Cannon Remodeling & Painting, Inc. v. The Marketing Co. (Vaught, J.) CA02-098

Statutes -- Lien not validly created in compliance with statute; appellant not entitled to lien. [HTML, WP5.1]

Elser v. State (Crabtree, J.) CACR01-1326

Trial -- Prosecutor's reference to appellant's anticipated testimony did not compel him to testify; appellant's right to remain silent not violated; no error in trial court's refusal to grant mistrial; trial court should have allowed appellant to testify about results of portable breathalyzer test; exclusion of appellant's testimony abuse of discretion. [HTML, WP5.1]

Medlock v. State (Baker, J.) CACR02-126

Evidence -- Aggravated robbery; sufficient evidence to support appellant's conviction; Prior act did not meet requirements for introducing evidence of prior act to show modus operandi; trial judge erred in allowing State to introduce prior conviction; appellant's prior conviction admissible under exception to Ark. R. Evid. 404(b); appellant's arrest supported by probable cause; consent to search was given freely & voluntarily. [HTML, WP5.1]

Southern Farm Bureau Cas. Ins. Co. v. Craven (Bird, J.) CA02-543

Conflicts of law -- Choice-of-law determination; application of five considerations favored Arkansas law; appellee not eligible for out-of-state no-fault benefits; could proceed in tort under Arkansas law to recover from tortfeasor. insurance; appellate court not bound to follow out-of-state law in determining rights of Arkansas resident under policy issued in Arkansas; financial responsibility provision did not require first-party, no-fault insurance. [HTML, WP5.1]

Williams v. Director (Stroud, C.J.) E02-56

Unemployment compensation -- Request that Board of Review take additional evidence denied; no abuse of discretion found; preponderance of evidence established that appellant took money from cash register; denial of unemployment benefits supported by substantial evidence. [HTML, WP5.1]

Beck v. State, CA CR 01-181 (Jennings, J.), affirmed November 13, 2002. [HTML, WP5.1]

Beeks v. Atkins, CA 02-252 (Jennings, J.), affirmed November 13, 2002. [HTML, WP5.1]

Campbell v. City of Alma, CA CR 02-295 (Pittman, J.), affirmed November 13, 2002. [HTML, WP5.1]

Conlin v. Goss, CA 02-553 (Neal, J.), affirmed November 13, 2002. [HTML, WP5.1]

D. M. Riche, Inc. v. McGowen Working Partners, Inc., CA 02-27 (Baker, J.), affirmed November 13, 2002. [HTML, WP5.1]

Delaney v. State, CA CR 01-1199 (Crabtree, J.), affirmed November 13, 2002. [HTML, WP5.1]

Healthcor v. Cordry, CA 02-109 (Roaf, J.), affirmed November 13, 2002. [HTML, WP5.1]

Hobbs v. State, CA CR 02-334 (Bird, J.), affirmed November 13, 2002. [HTML, WP5.1]

Jenkins v. State, CA CR 02-322 (Hart, J.), affirmed November 13, 2002. [HTML, WP5.1]

Moore v. Conagra Poultry Co., CA 02-380 (Crabtree, J.), affirmed November 13, 2002. [HTML, WP5.1]

Superior Senior Care, Inc. v. Director, E 01-174 (Roaf, J.), affirmed November 13, 2002. [HTML, WP5.1]

Temperance Hill Logging v. Parker, CA 02-271 (Robbins, J.), affirmed November 13, 2002. [HTML, WP5.1]

Zangerl v. State, CA CR 01-1437 (Roaf, J.), reversed and dismissed November 13, 2002. [HTML, WP5.1]

Clark v. Director of Labor, E 02-171, November 13, 2002.

Davis v. Director of Labor, E 02-167, November 13, 2002.

Dobbs v. Director of Labor, E 02-172, November 13, 2002.

Hill v. Director of Labor, E 02-176, November 13, 2002.

Long v. Director of Labor, E 02-169, November 13, 2002.

McElhaney v. Director of Labor, E 02-174, November 13, 2002.

Rivera v. Director of Labor, E 02-164, November 13, 2002.

Walker v. Director of Labor, E 02-168, November 13, 2002.

Wallace v. Director of Labor, E 02-170, November 13, 2002.

Wright v. Director of Labor, E 02-175, November 13, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

E02-56. Mary Williams v. Director, Employment Security Department, from Board of Review. Affirmed. Hart and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-295. Jayson Campbell v. City of Alma, from Crawford Circuit. Affirmed. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-322. Sepria Jenkins v. State of Arkansas, from Ouachita Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-196. Leon Abbott v. Ann Abbott, from Benton Circuit. Affirmed as Modified and Remanded. Stroud, C.J., and Roaf, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-181. Eugene William Beck v. State of Arkansas, from Crawford Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-252. Derrick Beeks v. Jackie David Atkins and Charlotte Sue Atkins, from Benton Circuit. Affirmed. Hart and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-271. Temperance Hill Logging and Bituminous Casualty Corporation v. Lester Parker, from Workers' Compensation Commission. Affirmed. Vaught and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-334. Melvin C. Hobbs v. State of Arkansas, from Desha Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-543. Southern Farm Bureau Casualty Insurance Company v. Gary and Veronica Craven, from White Circuit. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-553. Dawn N. Conlin v. Christopher Mark Goss, from White Circuit. Affirmed. Pittman and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-98. Cannon Remodeling & Painting, Inc. v. The Marketing Company, Inc., from Pulaski Circuit. Affirmed. Baker, J., agrees. Robbins, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-1199. Fredrick Delaney v. State of Arkansas, from Scott Circuit. Affirmed. Jennings and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1326. Mark Allen Elser v. State of Arkansas, from Crawford Circuit. Reversed and Remanded. Stroud, C.J., and Baker, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-380. Ronnie E. Moore v. Conagra Poultry Company, from Workers' Compensation Commission. Affirmed. Jennings and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-126. Michael J. Medlock v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Vaught, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]

CA02-27. D. M. Riche, Inc. v. McGowen Working Partners, Inc., from Union Circuit. Affirmed. Robbins and Vaught, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1437. Rudolph Zangerl v. State of Arkansas, from Arkansas Circuit. Reversed and Dismissed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-109. Healthcor and Risk Management Resources v. Kathleen Cordry, from Workers' Compensation Commission. Affirmed. Jennings and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-174. Superior Senior Care, Inc. v. Director, Employment Security Department, from Board of Review. Affirmed. Neal and Vaught, JJ., agree. (7 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).

E02-164. Robert Rivera v. Director et al.

E02-167. Johnetta M. Davis v. Director et al.

E02-168. Charles D. Walker v. Director, et al

E02-169. James A. Long v. Director et al.

E02-170. Cynthia M. Wallace v. Director et al.

E02-171. Tabitha D. Clark v. Director et al.

E02-172. Lonnie A. Dobbs v. Director et al.

E02-174. Donald E. McElhaney v. Director et al.

E02-175. Jessie W. Wright v. Director et al.

E02-176. J. D. Hill v. Director et al.

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

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

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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 is granted.

CACR02-505. Dennis Earl Anthony v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time is granted. Stroud, C.J., Bird, Griffen, and Vaught, JJ., would make this final extension.

CACR02-723. David C. Turner v. State of Arkansas, from Crittenden Circuit. Motion of Sam Perkins to be relieved as counsel for appellant is denied without prejudice. Brief due in thirty days.

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

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 is denied without prejudice. See Arkansas Rule of Civil Procedure 64(b).

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

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

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

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

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

CACR02-761. Jack Jay Peterson, Jr. v. State of Arkansas, from Washington Circuit. Appellant's motion to file supplemented abstract and substituted brief.

CACR02-767. William Andrew Arnett v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time.

CACR02-905. David Wactor v. State of Arkansas, from Ouachita Circuit. Appellee's motion to dismiss appeal.

CACR02-913. James Dowden, Sr. v. State of Arkansas, from Marion Circuit. Appellee's motion to supplement the record and for brief time.

CACR02-920. Michael Jay Venis v. State of Arkansas, from Benton Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time.

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit. Appellant's motion to remand to the trial court to supplement the record.

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit. Appellant's petition for writ of certiorari to complete the record.

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit. Appellant's motion to stay briefing schedule.

CA02-102. Michael E. Hall v. Caroline I. Hall, from Pulaski Circuit, Seventeenth Division. Appellant's motion to file belated reply brief.

CA02-212. Diane Harrison et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Appellee's motion to supplement the record.

CA02-264. Lisa Martin v. Ronald Martin, from Drew Circuit. Appellant's motion for attorney's fees and costs.

CA02-363. Kerry Brand v. Arkansas Department of Human Services, from Pope Circuit. Appellee's motion to file belated brief.

CA02-699. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellant's motion for expedited consideration.

CA02-829. Wallace Bunting et ux. v. Metropolitan Property and Casualty Insurance Company, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.

CA02-989. Susan B. Connelly v. Charles W. Brosh et al., from Clark Circuit. Appellees' motion to dismiss appeal and to stay brief time.

CA02-1007. Estate of Loufreda Coleman et al. v. LTB Timber Company, from Hempstead Circuit. Appellants' petition for writ of certiorari to complete the record and to stay brief time.

CA02-1022. Keith Jackson v. George S. Ivory, Jr. et al., from Pulaski Circuit, Second Division. Appellant's petition for writ of certiorari to complete the record and to stay brief time.

E02-322. Vernesta Phillips v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E02-324. Ann Bramucci v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA01-1338. East-Harding, Inc. et al. v. Horace A. Piazza & Associates, from Pulaski Circuit, Seventh Division. Argued orally.

CACR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit.

CACR01-1393. Lance Throckmorton v. State of Arkansas, from White Circuit.

CACR02-96. James Nichols v. State of Arkansas, from Pope Circuit.

CACR02-122. Douglas Reeves v. State of Arkansas, from Pope Circuit.

CACR02-193. Charles Sammiel Elmore v. State of Arkansas, from Benton Circuit.

CACR02-224. Steven Schultz v. State of Arkansas, from Jefferson Circuit.

CACR02-230. John Shultz v. State of Arkansas, from Washington Circuit.

CACR02-406. Johnny Lee Davis v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA02-117. Lori Mast (now Jones) v. Michael Dale Mast, from Washington Circuit.

CA02-268. Prairie Farms Dairy, Inc. et al. v. Garlan L. Foote, from Workers' Compensation Commission.

CA02-326. RMP Rentals v. Metroplex, Inc. et al., from Sebastian Circuit, Greenwood District.

CA02-351. Brenda Holden v. Bobby C. Manning, from Union Circuit.

CA02-378. State of Arkansas Office of Child Support Enforcement v. Eric Burger, from Faulkner Circuit.

CA02-630. Ritha Joy Sanders et al. v. Arkansas Department of Human Services, from Lonoke Circuit.

CA02-639. Donna Ambrose v. Arkansas Department of Human Services, from Conway Circuit.

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

E02-188. Timothy E. Wesson v. Director et al.

E02-189. Keith A. Freels v. Director et al.

E02-190. Michael King v. Director et al.

E02-191. John F. Owen v. Director et al.

E02-192. Glenn E. Alexander v. Director et al.

E02-193. Stan W. Perry, Jr. v. Director et al.

E02-194. Isaiah Carter v. Director et al.

E02-195. Wilbern D. Gideon v. Director et al.

E02-196. Annie B. Thompson v. Director et al.

E02-197. RaShonda D. Pullins v. Director et al.

E02-198. Sharon S. Brooks v. Director et al.