Buck v. Gillham (Neal, J.) CA02-310

Conversion -- Appellant not liable for conversion; trial court reversed. [HTML, WP5.1]

First Nat'l Bank of Lewisville v. Bank of Bradley (Robbins, J.) CA02-589

Commercial law -- Sufficiency of description; trial court did not err in concluding that appellee's financing statement was sufficiently specific to identify covered goods. [HTML, WP5.1]

French v. Webb (Gladwin, J.) CA02-473

Courts -- Circuit court's finding that it lacked subject-matter jurisdiction affirmed where municipal court had no jurisdiction over action for fraud. [HTML, WP5.1]

Hilton v. State (Roaf, J.) CACR02-265

Criminal law -- DWI; officer's observations with regard to physical characteristics consistent with intoxication gave officer reasonable cause to believe that appellant was inebriated; trial court's ruling denying appellant's motion to suppress breathalyzer results was not clearly against preponderance of evidence. [HTML, WP5.1]

Hollins v. State (Hart, J.) CACR02-519

Constitutional law -- Double-jeopardy motion was ineffective because made prior to conviction on any offense; argument not preserved for review where not raised after conviction for multiple charges; Ark. Code Ann. § 5-2-614(b) (Repl. 1997) controlling; absence of argument or authority in support of appellant's position resulted in affirmance. [HTML, WP5.1]

Matthews v. Smith (Crabtree, J.) CA02-460

Parent & child -- Change of child's surname; change found to be in child's best interest; case reversed & remanded. [HTML, WP5.1]

Randles v. Cole (Stroud, C.J.) CA01-1125

Jury -- Answers to interrogatories not conflicting; setting aside verdict constituted abuse of discretion; directed verdict; precondition for motion for judgment notwithstanding verdict. [HTML, WP5.1]

Rhodes v. Veith (Gladwin, J.) CA02-307

Corporations -- Piercing corporate veil; appellee president of corporation was not "third party" entitled to pierce corporate veil; no other basis for holding appellants personally liable; reversed & dismissed. [HTML, WP5.1]

Riley v. Hoisington (Hart, J.) CA02-374

Fraud -- Sufficient evidence of fraudulent misrepresentation; trial court affirmed; trial court affirmed where evidence existed that appellant intended to misrepresent condition of property; upon rescission appellees restored to appellant substantially consideration they had received; trial court erred in determining amount of judgment granted to appellee; point reversed. [HTML, WP5.1]

Ross v. Jones (Neal, J.) CA02-042

Appeal & error -- Notice of appeal not timely filed; appeal dismissed. [HTML, WP5.1]

Vereen v. Hargrove (Vaught, J.) CA02-327

Landlord & tenant -- Forfeiture clause for nonpayment of rent; late payment not material breach under circumstances; installation of tail-water recovery system within stated purpose of lease; use of farm's well to provide water to neighbor's farm; appellees did not violate purpose of lease; trial judge did not err in finding no substantive breach of lease; refusal to declare forfeiture of lease affirmed. [HTML, WP5.1]

Bowman v. State, CA CR 02-633 (Bird, J.), affirmed January 29, 2003. [HTML, WP5.1]

Cabral v. State, CA CR 02-58 (Vaught, J.), affirmed January 29, 2003. [HTML, WP5.1]

Jackson v. State, CA 02-535 (Gladwin, J.), affirmed January 29, 2003. [HTML, WP5.1]

Kohlman v. State, CA 02-408 (Robbins, J.), affirmed January 29, 2003. [HTML, WP5.1]

McAdams v. Alcoholic Bev. Control Div., CA 01-1387 (Stroud, C.J.), affirmed January 29, 2003. [HTML, WP5.1]

Quiroga v. State, CA 01-1400 (Stroud, C.J.), affirmed January 29, 2003. [HTML, WP5.1]

Ray Townsend Farms, Inc. v. Smith, CA 03-6 (Per Curiam), Appellee's Motion for Declaration that Trial Court's Order to Show Cause is Collateral or Supplemental to Judgment, or Alternatively, Motion for Remand for Hearing on Order to Show Cause granted January 29, 2003. [HTML, WP5.1]

Shields v. State, CA CR 02-541 (Gladwin, J.), affirmed January 29, 2003. [HTML, WP5.1]

Singleton v. State, CA CR 02-57 (Neal, J.), affirmed January 29, 2003. [HTML, WP5.1]

Tatum v. Director, E 02-64 (Bird, J.), affirmed January 29, 2003. [HTML, WP5.1]

VanWagoner v. CUNA Mut. Group, CA 02-503 (Hart, J.), reversed and remanded January 29, 2003. [HTML, WP5.1]

White v. State, CA CR 02-110 (Crabtree, J.), affirmed January 29, 2003. [HTML, WP5.1]

Williams v. State, CA CR 02-497 (Bird, J.), affirmed January 29, 2003. [HTML, WP5.1]

Daley v. Director of Labor, E 02-250, January 29, 2003.

Dillard v. Director of Labor, E 02-260, January 29, 2003.

Howard v. Director of Labor, E 02-256, January 29, 2003.

Jackson v. Director of Labor, E 02-263, January 29, 2003.

Jacobs v. Director of Labor, E 02-262, January 29, 2003.

Johnson v. Director of Labor, E 02-258, January 29, 2003.

Parks v. Director of Labor, E 02-257, January 29, 2003.

Riley v. Director of Labor, E 02-261, January 29, 2003.

Stewart v. Director of Labor, E 02-249, January 29, 2003.

Templeton v. Director of Labor, E 02-255, January 29, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-1125. Thomas and Lilly Randles v. Billy and Denise Cole, from Benton Circuit. Reversed and Remanded on Direct Appeal; Affirmed on Cross-Appeal. Hart and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA01-1387. B. J. McAdams and Colonial Ballroom, Inc. d/b/a Checkmate Club, Inc. v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division. Affirmed. Hart and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1400. Rey Quiroga v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-519. Travis M. Hollins v. State of Arkansas, from Ashley Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-374. Paul Riley v. Guy Hoisington and Kay Hoisington, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., and Griffen, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA02-503. Richard H. VanWagoner v. CUNA Mutual Group et al., from Sebastian Circuit. Reversed and Remanded. Stroud, C.J., and Griffen, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-541. Derrick Shields v. State of Arkansas, from Mississippi Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-307. Donald Rhodes and Joy Janes v. Charles Veith, from Benton Circuit. Reversed and Dismissed. Neal and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-473. Dave French v. Doyle Webb, from Saline Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-535. Kuntrell Jackson v. State of Arkansas, from Mississippi Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-408. Robert Derl Kohlman, III v. State of Arkansas, from Washington Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-589. First National Bank of Lewisville v. Bank of Bradley, from Lafayette Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-497. Dennis W. Williams v. State of Arkansas, from Ouachita Circuit. Affirmed. Vaught and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-633. Dion Eugene Bowman v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-64. Jerry R. Tatum v. Director, Employment Security Department and Southwire Company, from Board of Review. Affirmed. Vaught and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-57. Undrea M. Singleton v. State of Arkansas, from Ashley Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-42. Doris Ross et al. v. Orval Ray Jones et al., from Conway Circuit. Dismissed. Gladwin and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-310. Wayne Buck v. C. W. Gillham, from Garland Circuit. Reversed. Gladwin and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-58. Roberto Daco Cabral v. State of Arkansas, from Benton Circuit. Affirmed. Bird and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-327. William L. Vereen, John G. Vereen and James M. Vereen v. Mark Hargrove and Joyce Hargrove, from Arkansas Circuit. Affirmed on Direct Appeal; Remanded on Cross-Appeal. Bird and Baker, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-110. Roderick White v. State of Arkansas, from Howard Circuit. Affirmed. Pittman and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-460. Kevin Dean Matthews v. Taja Lee Smith, from Boone Circuit. Reversed and Remanded. Pittman and Robbins, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-265. Frank Hilton v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Neal, JJ., agree. (6 PAGES PUBLISHED) [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).

E02-249. Hughie R. Stewart v. Director et al.

E02-250. Doris L. Daley v. Director et al.

E02-253. Pamella Faubion Fox v. Director et al.

E02-255. Judy A. Templeton v. Director et al.

E02-256. Janice M. Howard v. Director et al.

E02-257. William T. Parks v. Director et al.

E02-258. Dorothy J. Johnson v. Director et al.

E02-260. Cuncy Lee Dillard v. Director et al.

E02-261. Richard J. Riley, Jr. v. Director et al.

E02-262. Calvin Jacobs v. Director et al.

E02-263. Donald Lee Jackson v. Director et al.

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

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 is granted.

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted. Brief due February 27, 2003.

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

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 is granted. Remanded to the trial court to settle the record within thirty days. Brief due in sixty days.

CACR02-1313. Robert Hampton v. State of Arkansas, from Ashley Circuit. Appellant's motion to file belated brief and for new briefing schedule is granted. Appellant's brief due February 28, 2003.

CACR03-18. Cornellius Terre Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Andy O. Shaw to be relieved as counsel for appellant is granted.

CA02-212. Diane Harrison et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Appellants' motion to file substituted abstract and brief is granted. Substituted abstract and brief due within fifteen days. Appellee may file substituted brief fifteen days thereafter.

CA02-560. W. Michael Irby v. Connie Irby, from Faulkner Circuit. Appellant's motion for stay of judgment or supersedeas is denied without prejudice to file substituted motion and supersedeas bond complying with Home Mutual Fire Ins. Co. v. Jones, 62 Ark. App. 182 (1998), which excludes alimony and child support.

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 is denied. Appellant's motion to file belated brief is granted. Brief filed this date.

CA02-843. James Keck v. The City of Bonanza, Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion for additional brief time is granted. Stroud, C.J., Pittman, Gladwin, Griffen, and Roaf, JJ., would make this final extension.

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 is granted.

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

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

CA02-1143. Mark Harness v. Buddy Curtis et ux., from Pulaski Circuit, Second Division. Appellant's motion to file belated abstract and brief is granted. Brief due February 8, 2003.

CA02-1355. State Farm Fire & Casualty Company v. Jewell Ledbetter et al., from Crittenden Circuit. Appellant's motion to supplement the record is granted. Remanded to the trial court to settle the record within thirty days. Stroud, C.J., Bird, Vaught, and Roaf, JJ., would deny.

CA03-6. Ray Townsend Farms, Inc. et al. v. Marjorie T. Smith, from Monroe Circuit. Appellee's motion for declaration that trial court's order to show cause is collateral or supplemental to judgment, or alternatively, motion for remand for hearing on order to show cause is granted. See per curiam this date. Pittman, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

PETITION FOR REHEARING:

CA02-40. Weldon N. Kissire and Patsy R. Kissire v. Southwestern Bell Telephone Company and Fox Construction Corporation, from Pulaski Circuit, Fifth Division.

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CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Appellant's motion to file belated brief and for brief time.

CACR00-1184. James Carter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Ronald L. Davis, Jr., for attorney's fees.

CACR02-319. Eugene Fields v. State of Arkansas, from Crawford Circuit. Motion of Daniel Shue to withdraw as counsel for appellant.

CACR02-419. Edward C. Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for reconsideration of motion for attorney to amend brief.

CACR02-637. Charles Dugger v. State of Arkansas, from Lonoke Circuit. Appellant's pro se motion for release on appeal bond.

CACR02-1163. Michael Andrew Bullard v. State of Arkansas, from Dallas Circuit. Appellant's amended motion for leave to proceed in forma pauperis.

CACR02-1258. James D. Smith v. State of Arkansas, from Clark Circuit. Appellant's motion to correct the record.

CACR02-1284. John Martin v. State of Arkansas, from Pope Circuit. Appellant's motion to supplement the record and for brief time.

CACR02-1308. Otis Miller v. State of Arkansas, from Union Circuit. Motion of Don G. Gillaspie to be relieved as counsel for appellant and to substitute Mark E. Barton as counsel and for brief time.

CA02-1081. Kathleen Metzgar et al. v. Marty Krutchen et al., from Crittenden Circuit. Joint motion to reschedule briefing schedule and to supplement record and add additional parties.

CA02-1218. David Roper et al. v. Lumbermens Mutual Casualty Company, from Pulaski Circuit, Seventh Division. Appellee's motion to supplement the record.

CA02-1281. Kimble Turner v. Linda Davenport Turner, from Pope Circuit. Motion of John D. Van Kleef to withdraw as counsel for appellee.

CA02-1311. E-Ton Dynamics Industrial Corporation v. Michie Hall, from Greene Circuit. Appellant's motion to supplement the record.

CA02-75. Arrow International, Inc. v. Misty Long Sparks, from Independence Circuit. Argued orally.

CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District.

CACR02-317. Timothy Alan Ray v. State of Arkansas, from Lonoke Circuit.

CACR02-324. John B. Briley v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-375. Eddie A. Taylor v. State of Arkansas, from Crittenden Circuit.

CACR02-436. Vernon E. Price v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-510. Rocky Dewayne Emmett v. State of Arkansas, from Benton Circuit.

CACR02-533. Michael Carter v. State of Arkansas, from Benton Circuit.

CACR02-547. Gregory Wycoff v. State of Arkansas, from Greene Circuit.

CACR02-573. Alvin H. Biggs v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR02-576. Jimmy Ray White v. State of Arkansas, from Montgomery Circuit.

CACR02-612. Rodney Leon Gann v. State of Arkansas, from Benton Circuit.

CACR02-615. Melvin C. Hobbs v. State of Arkansas, from Desha Circuit, Arkansas City District.

CA02-184. Dezoray Gailey v. Allstate Insurance Company, from Craighead Circuit, Western District.

CA02-245. Louise I. Garrett v. Estate of Jerry Duane Miller et al., from Clay Circuit, Western District.

CA02-389. Vickie Stewart v. Charles W. Clark, from Carroll Circuit, Eastern District.

CA02-410. Daniel G. Linley v. Janet K. Linley, from Benton Circuit.

CA02-420. Steven Anderson v. Tammy Anderson, from Faulkner Circuit.

CA02-517. Herbert Marshall v. Madison County, from Workers' Compensation Commission.

CA02-606. Doyle Edward Brown v. Betty Carlene Brown Johnson et al., from Madison Circuit.

CA02-609. Doris Reilly v. Clayton Homes et al., from Workers' Compensation Commission.

CA02-647. John Cloud et ux. v. Regions Investment Company, Inc., from Clark Circuit.

CA02-659. Katrina Skelton v. Washington Regional Medical Center, from Workers' Compensation Commission.

CA02-663. Dana Trotter et al. v. Robin Bowden, from Jefferson Circuit.

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

E02-281. Lowell T. Moore, Jr. v. Director et al.

E02-282. John D. Little v. Director et al.

E02-283. John D. Little v. Director et al.

E02-284. Sheri M. Beaty v. Director et al.

E02-285. Calvin R. Anderson v. Director et al.

E02-286. Deborah L. Alexander v. Director et al.

E02-287. Ilene Gaya Clark v. Director et al.

E02-288. Raymond Haywood, Jr. v. Director et al.

E02-290. Lee Roy Clegg v. Director et al.

E02-291. Lisa C. Honorable v. Director et al.

E02-292. Harold J. Harris v. Director et al.

E02-293. James H. Fitch v. Director et al.