Cheshire v. State (Crabtree, J.) CACR02-580

Criminal law -- Revocation of probation; trial court's finding that appellant inexcusably failed to pay fine on time not clearly against preponderance of evidence; appellate court not obliged to address issue concerning trial court's finding that appellant also violated probation by committing jailable offense. [HTML, WP5.1]

Hayes v. Director (Roaf, J.) E02-232

Unemployment compensation -- Jurisdictional basis for claim unclear; case remanded. [HTML, WP5.1]

Holland v. Lefler (Griffen, J.) CA02-342

Civil procedure -- Ark. R. Civ. P. 6(b) inapplicable where trial court has no jurisdiction to act; appellants did not timely file motion to extend time for service; trial court had no jurisdiction to consider request to extend time for service; Ark. R. Civ. P. 6(b) cannot be used to enlarge time to obtain service absent compliance with Ark. R. Civ. P. 4(i); no error in denial of motion to extend time to serve process. [HTML, WP5.1]

Troup v. State (Neal, J.) CACR02-376

Courts -- Ark. Code Ann. § 5-4-309 (Supp. 2001); substantial compliance insufficient; circuit court lost jurisdiction to revoke probation; trial court's extension of appellant's probation reversed. [HTML, WP5.1]

Allen v. State, CA CR 02-31 (Bird, J.), affirmed January 22, 2003. [HTML, WP5.1]

Brown v. State, CA CR 02-441 (Baker, J.), affirmed January 22, 2003. [HTML, WP5.1]

Callie v. State, CA CR 01-1351 (Pittman, J.), affirmed January 22, 2003. [HTML, WP5.1]

Collins v. Arkansas Dep't of Human Servs., CA 02-653 (Robbins, J.), affirmed January 22, 2003. [HTML, WP5.1]

Edwards v. State, CA CR 02-236 (Stroud, C.J.), affirmed January 22, 2003. [HTML, WP5.1]

Flemmons v. State, CA CR 02-421 (Vaught, J.), affirmed January 22, 2003. [HTML, WP5.1]

Frazier v. State, CA CR 02-127 (Griffen, J.), affirmed January 22, 2003. [HTML, WP5.1]

Henderson v. State, CA CR 02-146 (Bird, J.), affirmed January 22, 2003. [HTML, WP5.1]

Jennings v. State, CA CR 02-158 (Griffen, J.), remanded for rebriefing January 22, 2003. [HTML, WP5.1]

Phillips v. State, CA CR 02-455 (Roaf, J.), affirmed January 22, 2003. [HTML, WP5.1]

Smith v. Smith, CA 02-646 (Crabtree, J.), dismissed January 22, 2003. [HTML, WP5.1]

Sutton v. State, CA CR 02-187 (Pittman, J.), affirmed January 22, 2003. [HTML, WP5.1]

Tolbert v. State, CA CR 02-500 (Pittman, J.), affirmed January 22, 2003. [HTML, WP5.1]

Vestal v. Lawson, CA 02-529 (Vaught, J.), affirmed January 22, 2003. [HTML, WP5.1]

Wright v. State, CA CR 02-138 (Vaught, J.), affirmed January 22, 2003. [HTML, WP5.1]

Adams v. Director of Labor, E 02-240, January 22, 2003.

Callaway v. Director of Labor, E 02-233, January 22, 2003.

Cooper v. Director of Labor, E 02-234, January 22, 2003.

Edwards v. Director of Labor, E 02-236, January 22, 2003.

Griffin v. Director of Labor, E 02-237, January 22, 2003.

Johnson v. Director of Labor, E 02-242, January 22, 2003.

Kennedy v. Director of Labor, E 02-245, January 22, 2003.

Meadows v. Director of Labor, E 02-231, January 22, 2003.

Murray v. Director of Labor, E 02-229, January 22, 2003.

Shepherd v. Director of Labor, E 02-238, January 22, 2003.

Terry v. Director of Labor, E 02-241, January 22, 2003.

Turner v. Director of Labor, E 02-244, January 22, 2003.

Walker v. Director of Labor, E 02-235, January 22, 2003.

Williams v. Director of Labor, E 02-243, January 22, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-236. Billy Lemans Edwards v. State of Arkansas, from Union Circuit. Affirmed. Hart and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-1351. Lloyd Callie v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-187. Lacy Lee Sutton v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-500. Gary Tolbert v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Robbins and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-653. Jane Collins and Douglas Collins v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Affirmed. Pittman and Crabtree, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-31. Patrick Eugene Allen v. State of Arkansas, from Crittenden Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-146. Leon Henderson III v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Vaught and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-127. Jerry Lee Frazier v. State of Arkansas, from Union Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-158. Archille Clemon Jennings v. State of Arkansas, from Monroe Circuit. Remanded for Rebriefing. Stroud, C.J., and Hart, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-342. Bobbie Holland and Donald Holland v. Stephen F. Lefler, M.D., et al., from White Circuit. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-376. Harold Troup v. State of Arkansas, from Crittenden Circuit. Reversed and Dismissed. Gladwin and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-138. Ricky Wright v. State of Arkansas, from Garland Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-421. Lashauna A. Flemmons v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-529. Leslie Rich Vestal v. Gary Lawson, from Ashley Circuit. Affirmed. Bird and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-580. Richard L. Cheshire v. State of Arkansas, from Polk Circuit. Affirmed. Pittman and Robbins, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-646. Elyorna M. Smith v. Ken L. Smith, from Arkansas Circuit. Dismissed. Pittman and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-441. Thomas Brown, Jr. v. State of Arkansas, from Crittenden Circuit. Affirmed. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-455. Randy Phillips v. State of Arkansas, from Garland Circuit. Affirmed. Gladwin and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-232. William H. Hayes v. Director, Employment Security Department, from Board of Review. Remanded. Vaught and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [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).

E02-229. Marcus W. Murray v. Director et al.

E02-231. Dodd Meadows v. Director et al.

E02-233. Alexander L. Callaway v. Director et al.

E02-234. Jeffrey F. Cooper v. Director et al.

E02-235. Maurice A. Walker v. Director et al.

E02-236. Carole L. Edwards v. Director et al.

E02-237. Linda S. Griffin v. Director et al.

E02-238. Marcus D. Shepherd v. Director et al.

E02-240. Laura K. Adams v. Director et al.

E02-241. Carl E. Terry v. Director et al.

E02-242. Nazaree Johnson v. Director et al.

E02-243. Linda M. Williams v. Director et al.

E02-244. Ronda R. Turner v. Director et al.

E02-245. Odell Kennedy, Jr. v. Director et al.

PETITION FOR REHEARING: Petition for Rehearing was denied today in the following case:

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

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CACR02-9. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Motion of Blake Spears for attorney's fees is denied. See Supreme Court Rule 6-6 (c).

CACR02-456. Angela Kowalski v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for extension of time to file petition for rehearing is granted. See Supreme Court Rule 2-3(c). Petition for Rehearing due in thirty days. Bird, Griffen, and Crabtree, JJ., would deny.

CACR02-468. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Appellant's pro se motion to file supplemental brief is denied.

CACR02-578. Lenzy McCullough v. State of Arkansas, from Cross Circuit. Appellant's motion to set appeal bond is denied. See Rules of Appellate Procedure 6(b)(3). Neal, J., not participating.

CACR02-808. Michael Merritt v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time is granted. Brief filed this date.

CACR02-1176. George Aydelotte v. State of Arkansas, from Conway Circuit. Appellant's motion to supplement abstract and for brief time. Remanded to the trial court to settle the record within thirty days. Appellant's brief due in sixty days.

CA02-778. Charlotte Strickland v. Primex Technologies, from Workers' Compensation Commission. Appellant's motion for additional brief time is granted. Final extension. Griffen, J., would deny.

CA02-980. James Hemund et al. v. Roy C. Tigue et al., from Montgomery Circuit. Appellants' motion to complete the record or, in the alternative, to settle the record is granted. Video tape to be filed within fifteen days. Brief due in forty-five days.

CA02-1065. Capitol Lakes Estates, LLC v. Oasis Renewal Center, Inc., from Pulaski Circuit, Fifteenth Division. Appellee's motion to dismiss appeal is passed until case is submitted. Bird, J., not participating.

CA02-1084. City of Little Rock v. Richard Alan Hubbard, Jr., from Pulaski Circuit, First Division. Appellant's motion to strike and recall appellee's brief is denied.

CA02-1339. Lucretia Williams et al. v. Blissard Management & Realty, Inc., from Pulaski Circuit, Seventh Division. Appellants' motion for writ of certiorari to complete the record and for brief time is granted.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellees' motion to consolidate E02-370 with this appeal is granted.

PETITION FOR REHEARING:

CA02-579. Glenn Fast v. Northtown Auto Sales, Inc., Fred Gibson, and Robbie Gibson, from Boone Circuit.

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CACR02-805. John Edward Smith v. State of Arkansas, from Crawford Circuit. Appellant's motion to stay briefing schedule.

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time pending completion of remanded portion of supplemental record.

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's petition for writ of certiorari to complete the record and for brief time.

CACR02-1163. Michael Andrew Bullard v. State of Arkansas, from Dallas Circuit. Appellee's motion to dismiss appeal.

CACR02-1163. Michael Andrew Bullard v. State of Arkansas, from Dallas Circuit. Appellant's petition for writ of certiorari to complete the record and motion for brief time.

CACR02-1305. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record and motion for brief time.

CACR02-1309. Erskine Douglas Flamer v. State of Arkansas, from Chicot Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time.

CACR02-1313. Robert Hampton v. State of Arkansas, from Ashley Circuit. Appellant's motion to file belated brief and for new briefing schedule.

CA02-212. Diane Harrison et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Appellants' motion to substitute abstract.

CA02-560. W. Michael Irby v. Connie Irby, from Faulkner Circuit. Appellant's motion for stay of judgment or supersedeas.

CA02-810. Gayla McCoy et al. v. Kathy A. Crumby et al., from Hot Spring Circuit. Motion of appellee, Southern Farm Bureau Casualty Insurance Company, to dismiss appeal.

CA02-843. James Keck v. City of Bonanza, Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion for additional brief time.

CA02-853. Francis Carson v. County of Drew, from Drew Circuit. Motion of C.C. Gibson, III to be substituted as counsel for appellee and to relieve James A. Ross, Jr. as counsel.

CA02-938. Troy Kevin Ratliff v. Cynthia M. Ratliff, from Pulaski Circuit, Seventeenth Division. Appellant's motion to file belated reply brief.

CA02-1034. Richard Angell v. Cooper Tire & Rubber Company, from Miller Circuit. Appellant's motion for additional brief time.

CA02-1143. Mark Harness v. Buddy Curtis et ux., from Pulaski Circuit, Second Division. Appellant's motion to file belated abstract and brief.

CA02-1355. State Farm Fire and Casualty Company v. Jewell Ledbetter et al., from Crittenden Circuit. Appellant's motion to file enlarged brief.

CA02-1355. State Farm Fire and Casualty Company v. Jewell Ledbetter et al., from Crittenden Circuit. Appellant's motion to supplement the record.

CA03-8. Leo D. VanScoy v. Susan Marie VanScoy, from Benton Circuit. Appellant's motion to supplement the record.

E03-11. Robert L. Davis v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CACR02-489. Jennifer Dyroff and Gene Thomas Caudle v. State of Arkansas, from Benton Circuit. Argued orally.

CACR01-1238. Leon Craft v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR01-1288. Mack Jordan v. State of Arkansas, from Jefferson Circuit.

CACR02-330. Craig David Wilson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-407. State of Arkansas v. Mariea Ann Hardiman, from Pulaski Circuit, Seventh Division.

CACR02-447. Roy Lee Tolston v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-530. Antonio L. Perkins v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-557. Steven Ray Brunk, Jr. v. State of Arkansas, from Crawford Circuit.

CACR02-564. Howard Davis v. State of Arkansas, from Hot Spring Circuit.

CA02-197. Chris L. Fritzinger v. Donald C. Beene, from Faulkner Circuit.

CA02-207. Mary Remington v. John T. Roberson, from Lonoke Probate.

CA02-261. B. W. Strickland v. Theodore Rancifer, from Desha Circuit, Arkansas City District.

CA02-466. Christopher Caldwell v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CA02-478. Dub Clenney Construction, Inc. et al. v. Teena L. Draper, from Workers' Compensation Commission.

CA02-501. Medco, Inc. v. Ronney Evans, from Crawford Circuit.

CA02-511. Searcy Industrial Laundry Inc. et al. v. Sharon Ferren, from Workers' Compensation Commission.

CA02-536. Jon Allen v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA02-546. Mark McGhee et al. v. Jim Witcher et al., from Pulaski Circuit, Thirteenth Division.

CA02-597. Magnet Cove School District v. Shirley Barnett, from Workers' Compensation Commission.

CA02-605. Lamar Neill v. Nationwide Mutual Fire Insurance Company, from Logan Circuit, Northern District.

CA02-638. Tyrone Terrell v. Arkansas Trucking Service et al., from Workers' Compensation Commission.

CA02-759. Tommy Simmons v. State of Arkansas, from Pike Circuit.

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

E02-77. Jefferey H. Brown v. Director et al.

E02-115. Delta Plastics v. Director et al.

E02-264. Raven N. Mitchell v. Director et al.

E02-265. Yolanda M. Jefferson v. Director et al.

E02-266. Amanda G. Blaylock v. Director et al.

E02-267. Jeff W. Page v. Director et al.

E02-268. Takes K. Henry v. Director et al.

E02-269. Adlin J. Santos v. Director et al.

E02-270. Rose M. Dougan v. Director et al.

E02-271. Kenneth Bennett v. Director et al.

E02-272. Melissa R. Maas v. Director et al.

E02-278. Lou Ann Boggs v. Director et al.

E02-279. Holly L. Keith v. Director et al.

E02-280. Shannon E. Darter v. Director et al.