Arkansas Gas Consumers, Inc. v. Arkansas Pub. Serv. Comm'n (Stroud, C.J.) CA02-51

Public Service Commission -- Commission had jurisdiction to protect public interest by implementing Temporary Low income Customer Gas Reconnection Policy; interim surcharge imposed by Policy authorized by statute; Policy was "regulatory requirement"; temporary advantage to class of low-income customers reasonable under circumstances; Commission's decision supported by substantial evidence. [HTML, WP5.1]

Horticare Landscape Management v. McDonald (Baker, J.) CA02-103

Workers' compensation -- Existence of injury clearly established; Commission's finding that injury compensable supported by sufficient evidence. [HTML, WP5.1]

McLane Southern, Inc. v. Davis (Robbins, J.) CA02-89

Injunction -- Preliminary injunctions; appellant's challenge to facial invalidity of statutes brought about by Board's action charging appellant with violations of those statutes; exhaustion of administrative remedies would have allowed for appeal to circuit court; denial of motion for preliminary injunction not abuse of discretion; appellant failed to exhaust administrative remedies. [HTML, WP5.1]

Williams v. Citibank (Vaught, J.) CA02-190

Civil procedure -- Judgment rendered without valid service of process void; no meritorious defense needed to set aside void judgment; default judgment reversed without prejudice. [HTML, WP5.1]

Bohannan v. State, CA CR 01-952 (Jennings, J.), affirmed November 20, 2002. [HTML, WP5.1]

Burnette v. State, CA CR 01-287 (Vaught, J.), affirmed November 20, 2002. [HTML, WP5.1]

Burns v. West Tree Serv., CA 02-344 (Griffen, J.), affirmed November 20, 2002. [HTML, WP5.1]

Cannon v. State, CA CR 00-1192 (Hart, J.), affirmed November 20, 2002. [HTML, WP5.1]

Davis v. State, CA CR 01-1389 (Vaught, J.), rebriefing ordered November 20, 2002. HTML, WP5.1]

Doyle v. State, CA CR 01-367 (Robbins, J.), rebriefing ordered November 20, 2002. [HTML, WP5.1]

Eatmon v. State, CA CR 02-221 (Griffen, J.), affirmed November 20, 2002. [HTML, WP5.1]

Fondon v. State, CA CR 01-1200 (Baker, J.), affirmed November 20, 2002. [HTML, WP5.1]

Lewis v. State, CA CR 01-1327 (Roaf, J.), rebriefing ordered November 20, 2002. [HTML, WP5.1]

Munday v. State, CA CR 02-222 (Griffen, J.), affirmed November 20, 2002. [HTML, WP5.1]

Nash v. Marianna Warehouse, CA 02-194 (Bird, J.), affirmed November 20, 2002. [HTML, WP5.1]

Odom v. State, CA CR 00-1466 (Neal, J.), affirmed November 20, 2002. [HTML, WP5.1]

Pillow v. State, CA CR 01-1169 (Pittman, J.), affirmed November 20, 2002. [HTML, WP5.1]

Brooks v. Director of Labor, E 02-184, November 20, 2002.

Depalma Hotel Corp. v. Director of Labor, E 02-185, November 20, 2002.

Fraser v. Director of Labor, E 02-178, November 20, 2002.

Hart v. Director of Labor, E 02-187, November 20, 2002.

Hughes v. Director of Labor, E 02-186, November 20, 2002.

Kelley v. Director of Labor, E 02-182, November 20, 2002.

Knittig v. Director of Labor, E 02-183, November 20, 2002.

Moton v. Director of Labor, E 02-179, November 20, 2002.

Myer v. Director of Labor, E 02-180, November 20, 2002.

Stark v. Director of Labor, E 02-177, November 20, 2002.

Williams v. Director of Labor, E 02-181, November 20, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA02-51. Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Affirmed. Robbins, Vaught, and Baker, JJ., agree. Hart and Roaf, JJ., dissent. (23 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-1169. Tyrone Pillow v. State of Arkansas, from Faulkner Circuit. Affirmed. Griffen and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-952. Addison Bohannan v. State of Arkansas, from Carroll Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-367. Jan Clifton Doyle v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Vaught and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-89. McLane Southern, Inc. et al. v. Charlie Davis, Director of the Arkansas Tobacco Control Board et al., from Pulaski Circuit. Affirmed. Vaught and Baker, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-194. James Nash v. Marianna Warehouse et al., from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-221. Terrance A. Eatmon v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Jennings, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-222. Robert E. Munday v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-344. Henry J. Burns v. West Tree Service et al., from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit. Affirmed. Pittman and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Affirmed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit. Rebriefing Ordered. Robbins and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-190. Carolyn Williams v. Citibank (South Dakota), N.A., from Phillips Circuit. Reversed and Dismissed. Robbins and Baker, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-1200. Edgar Fondon v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-103. Horticare Landscape Management et al. v. Jerome McDonald, from Workers' Compensation Commission. Affirmed. Robbins and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit. Rebriefing Ordered. Stroud, C.J., and Hart, J., agree. (3 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).

E02-177. 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.

CACR01-1169. Tyrone Pillow v. State of Arkansas, from Faulkner Circuit. Motion of Victor D. Wright III for attorney's fees is granted. Allowed $700.00.

CACR01-1342. Benny L. Hulsey v. State of Arkansas, from Benton Circuit. Appellant's pro se motion for copies of brief is granted. Appellant's counsel directed to provide copies of briefs to appellant.

CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit. Motion of Martin J. Patterson for attorney's fees is denied without prejudice.

CACR02-221. Terrance A. Eatmon v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR02-222. Robert E. Munday v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time is granted. Stroud, C.J., Robbins, and Vaught, JJ., would make this final extension. Roaf, J., would make this final but grant for thirty days. Griffen, J., would deny.

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

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

CACR02-905. David Wactor v. State of Arkansas, from Ouachita Circuit. Appellee's motion to dismiss appeal is granted. See Richards v. State, 338 Ark. 801, 2 S.W.3d 766 (1999).

CACR02-913. James Dowden, Sr. v. State of Arkansas, from Marion Circuit. Appellee's motion to supplement the record and for brief time is granted. Record deemed supplemented. Appellee's brief due in thirty days.

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 is granted. Writ returnable in thirty days; brief due thirty days thereafter.

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

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

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

CA02-102. Michael E. Hall v. Caroline I. Hall, from Pulaski Circuit, Seventeenth Division. Appellant's motion to file belated reply brief is granted. Reply brief due in fifteen days.

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

CA02-264. Lisa Martin v. Ronald Martin, from Drew Circuit. Appellant's motion for attorney's fees is denied. Costs of $535.25 assessed on mandate.

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

CA02-829. Wallace Bunting et ux. v. Metropolitan Property and Casualty Insurance Company, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal is granted due to appellant's failure to file a timely brief.

CA02-989. Susan B. Connelly v. Charles W. Brosh et al., from Clark Circuit. Appellees' motion to dismiss appeal is granted without prejudice.

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 is granted. Record to be filed within thirty days.

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 is granted. Roaf, J., not participating.

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

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

CACR02-444. Tony F. Bonham, Jr. v. State of Arkansas, from Poinsett Circuit. Argued orally.

CACR01-1351. Lloyd Callie v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR01-1352. Tony Pennington v. State of Arkansas, from Crawford Circuit.

CACR02-153. Michael Glenn Pickens v. State of Arkansas, from Grant Circuit.

CACR02-154. Robert Steven Cielsielski v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-260. Jermaine Deangelo Jacko v. State of Arkansas, from Pulaski Circuit, First Division.

CACR02-320. James Earl Green v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-448. Charles Clements v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA02-54. Benita Rouw v. Trio Transportation, Inc., from Workers' Compensation Commission.

CA02-68. Loretta Judkins et al. v. Heather Judkins Hoover, from Pulaski Circuit, Seventeenth Division.

CA02-216. Arkansas Department of Human Services v. Celestine McDonald et al., from Jefferson Circuit.

CA02-218. Wayne Snell v. Garry Foster, Sr., from Craighead Circuit, Western District.

CA02-241. Clifford Mickle v. DeQueen Regional Medical Center, from Workers' Compensation Commission.

CA02-300. Gerry Darnell Hall, Jr. v. Amy Lynn Tadlock Williams et al., from Crawford Probate.

CA02-337. Michael L. Finkus v. Three Lakes Distributing, from Workers' Compensation Commission.

CA02-347. Arkansas Oklahoma Gas Corporation v. Verda Edith Booth, from Crawford Circuit.

CA02-498. Roy Hoggard v. Arkansas Department of Human Services, from Sebastian Circuit, Greenwood District.

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

E02-199. Angela R. Weaver v. Director et al.

E02-200. Deborah A. Veysey v. Director et al.

E02-201. Danny K. McNew v. Director et al.

E02-203. Patsy M. Edgin v. Director et al.

E02-204. Ruby J. Sanders v. Director et al.

E02-205. Sharon L. Winnett v. Director et al.

E02-207. Rosetta Davis-McField v. Director et al.

E02-208. Ricky Jones v. Director et al.

E02-209. Valerie A. Thomas v. Director et al.

E02-210. Marilyn May v. Director et al.

E02-211. Willie Williams, Jr. v. Director et al.