Fritzinger v. Beene (Neal, J.) CA02-197

Civil procedure -- Trial court's use of Ark. R. Civ. P. 60(a) to conform verdict to law was not abuse of discretion; appellant not prejudiced by dismissal of appellee municipal-vehicle operator; appellant obtained maximum statutory damages award; appellee was not prejudiced by dismissal of appellee municipal-vehicle program; appellee's obligation to pay was limited to statutory amount. [HTML, WP5.1]

Hass v. Hass (Stroud, C.J.) CA02-160

Parent & child -- No error found in order modifying visitation; appellant's change from unemployment to employment did not represent change in circumstances contemplated by parties at time of their agreement; trial court's abatement of alimony reversed & alimony reinstated. [HTML, WP5.1]

Rogers v. Rogers (Baker, J.) CA01-1189

Parent & child -- Trial court lacked jurisdiction to dissolve marriage where there was no corroboration of residence; remanded where order pursuant to court's authority & child support amount not challenged on appeal; trial court's decision to enforce support awards in spite of supersedeas upheld; support orders may not be superseded as matter of right; violation of contempt order; order appellant found to have violated not indefinite. [HTML, WP5.1]

Simmons v. State (Neal, J.) CA02-759

Appeal & error -- Record, abstract, & addendum flagrantly deficient; appellant ordered to supplement record. [HTML, WP5.1]

Brown v. Director, E 02-77 (Bird, J.), affirmed February 5, 2003. [HTML, WP5.1]

Brunk v. State, CA CR 02-557 (Robbins, J.), affirmed February 5, 2003 [HTML, WP5.1].

Caudle v. State, CA CR 02-489 (Griffen, J.), affirmed February 5, 2003. [HTML, WP5.1]

Craft v. State, CA CR 01-1238 (Stroud, C.J.), affirmed February 5, 2003. [HTML, WP5.1]

Dub Clenney Constr., Inc. v. Draper, CA 02-478 (Vaught, J.), affirmed February 5, 2003. [HTML, WP5.1]

Hall v. Williams, CA 02-300 (Griffen, J.), affirmed February 5, 2003. [HTML, WP5.1]

Hulsey v. State, CA CR 01-1342 (Griffen, J.), remanded for rebriefing February 5, 2003. [HTML, WP5.1]

Jordan v. State, CA CR 01-1288 (Vaught, J.), affirmed February 5, 2003. [HTML, WP5.1]

Medco, Inc. v. Evans, CA 02-501 (Roaf, J.), affirmed February 5, 2003. [HTML, WP5.1]

Perkins v. State, CA CR 02-530 (Hart, J.), reversed and dismissed February 5, 2003. [HTML, WP5.1]

Ransom v. State, CA CR 02-229 (Baker, J.), affirmed in part; reversed and remanded in part February 5, 2003. [HTML, WP5.1]

Second Injury Fund v. Lewis, CA 02-559 (Pittman, J.), affirmed February 5, 2003. [HTML, WP5.1]

Strickland v. Rancifer, CA 02-261 (Stroud, C.J.), affirmed February 5, 2003. [HTML, WP5.1]

Terrell v. Arkansas Trucking Serv., CA 02-638 (Robbins, J.), affirmed February 5, 2003. [HTML, WP5.1]

Tolston v. State, CA CR 02-447 (Roaf, J.), affirmed February 5, 2003. [HTML, WP5.1]

Wilson v. State, CA CR 02-330 (Crabtree, J.), affirmed February 5, 2003. [HTML, WP5.1]

Bennett v. Director of Labor, E 02-271, February 6, 2003.

Blaylock v. Director of Labor, E 02-266, February 6, 2003.

Boggs v. Director of Labor, E 02-278, February 6, 2003.

Darter v. Director of Labor, E 02-280, February 6, 2003.

Dougan v. Director of Labor, E 02-270, February 6, 2003.

Henry v. Director of Labor, E 02-268, February 6, 2003.

Jefferson v. Director of Labor, E 02-265, February 6, 2003.

Keith v. Director of Labor, E 02-279, February 6, 2003.

Maas v. Director of Labor, E 02-272, February 6, 2003.

Mitchell v. Director of Labor, E 02-264, February 6, 2003.

Page v. Director of Labor, E 02-267, February 6, 2003.

Santos v. Director of Labor, E 02-269, February 6, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-1238. Leon Craft v. State of Arkansas, from Mississippi Circuit. Affirmed. Hart and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-160. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Circuit. Affirmed in Part; Reversed in Part. Robbins, Griffen, Neal, and Vaught, JJ., agree with respect to the issue of visitation. Hart, Crabtree, Baker, and Roaf, JJ., dissent with respect to the issue of visitation. Hart, Griffen, Neal, Vaught, and Baker, JJ., agree to reverse and reinstate with respect to the issue of alimony. Robbins, Crabtree, and Roaf, JJ., would reverse and remand with respect to the issue of alimony. (6 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-261. B. W. Strickland v. Theodore Rancifer, from Desha Circuit. Affirmed. Hart and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA02-559. Second Injury Fund v. Edmond P. Lewis, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-530. Antonio L. Perkins v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Stroud, C.J., and Griffen, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-557. Steven Ray Brunk, Jr. v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-638. Tyrone Terrell v. Arkansas Trucking Service and Gibraltar National Insurance Company, from Workers' Compensation Commission. Affirmed. Crabtree, J., agrees. Pittman, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

E02-77. Jeffrey H. Brown v. Director, Employment Security Department and City of Eudora, from Board of Review. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-1342. Benny Hulsey v. State of Arkansas, from Benton Circuit. Remanded for Rebriefing. Stroud, C.J., and Vaught, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-489. Gene Thomas Caudle and Jennifer Lynn Dyroff v. State of Arkansas, from Benton Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-300. Gerry Darnell Hall, Jr. v. Amy Lynn Tadlock Williams and Aaron Charles Williams, from Crawford Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-197. Chris L. Fritzinger v. Donald Beene, City of Conway, and Don Zimmerman, Chief Executive Officer of the Arkansas Municipal League's Municipal Vehicle Program, from Faulkner Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA02-759. Tommy Simmons v. State of Arkansas, from Pike Circuit. Supplementation of the Record and Rebriefing Ordered. Gladwin and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1288. Mack Jordan v. State of Arkansas, from Jefferson Circuit. Affirmed. Bird and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-478. Dub Clenney Construction, Inc. and Bituminous Insurance Company v. Teena L. Draper, from Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-330. Craig David Wilson v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-229. John Ransom v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Hart and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1189 and CA01-1192. Edmundo Rogers v. Cynthia Rogers, from Benton Circuit. Affirmed. Bird and Vaught, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-447. Roy Lee Tolston v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-501. Medco, Inc. v. Ronney Evans, from Crawford Circuit. Affirmed. Gladwin and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [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).

E02-264. 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.

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

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 is granted. Brief due in thirty days.

CACR00-1184. James Carter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Ronald L. Davis, Jr., for attorney's fees is denied. See Supreme Court Rule 6-6.

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

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

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

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 is granted.

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's amended motion for leave to proceed in forma pauperis and for brief time is granted.

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

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 is granted.

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

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

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

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 is granted. Brief due in thirty days.

CACR03-2. Michael D. McCammon v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion for appointment of counsel is granted. Mr. Steven R. Smith is appointed to represent the appellant.

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

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

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

CA02-1311. E-Ton Dynamics Industrial Corporation v. Michie Hall, from Greene Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Motion of Frank B. Newell to be relieved as counsel for appellant.

CACR02-322. Sepria Jenkins v. State of Arkansas, from Ouachita Circuit. Motion of Byron Thomason for attorney's fees.

CACR02-813. Kent Edward McDonald v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.

CACR02-820. Jackie Thorne v. State of Arkansas, from Faulkner Circuit. Appellant's motion to supplement the record.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion for transcript and motion for extension of time to file points for reversal and amended motion for transcript.

CACR02-1111. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Chancery, Sixth Division. Appellant's motion for additional brief time.

CACR02-1191. Timothy Burchfield et al. v. State of Arkansas, from Drew Circuit. Motion of the Warren Law Firm to be relieved as counsel for appellant Timothy Burchfield.

CACR02-1191. Timothy Burchfield et al. v. State of Arkansas, from Drew Circuit. Appellant's motion to file belated brief and for brief time.

CA02-348. Kelly Mainard v. Arkansas Department of Human Services, from Van Buren Circuit. Motion of Janice Panella to be appointed as counsel for the minor children.

CA02-348. Kelly Mainard v. Arkansas Department of Human Services, from Van Buren Circuit. Motion to file belated brief on behalf of minor children.

CA02-642. Toby Walker et al. v. Marked Tree Bank et al., from Poinsett Circuit. Motion of appellee, E. Ritter & Company, for costs.

CA02-842. Sharon Kay Edmundson v. The Estate of Oral W. Fountain, Deceased, from Izard Circuit. Appellant's motion for additional brief time.

CA02-1007. Estate of Loufreda Coleman v. LTB Land and Timber Company, from Hempstead Circuit. Appellant's motion to file belated brief.

CA02-1137. BAAN, U.S.A., Inc. v. USA Truck, Inc., from Crawford Circuit. Appellant's motion to include supplemental abstract and addendum in reply brief.

CA02-1147. Bill's Printing, Inc. et al. v. George F. Carder, III, from Cleburne Circuit. Appellants' motion to file enlarged reply brief and for brief time.

CA02-1187. Cloverleaf Express et al. v. Lyle Fouts, from Workers' Compensation Commission. Appellants' motion to file belated brief.

CA02-1209. Pat Salmon & Sons, Inc. et al. v. Steve Secrest, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA02-1382. Elizabeth Miller et al. v. First American Cash Advance of Arkansas, LLC, et al., from Garland Circuit. Appellants' motion to stay brief time.

CA03-41. Lakesha Perry et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Delisa K. Blanton to be relieved and to substitute Kathy L. Hall as counsel for appellant.

CA03-46. Bio-Tech Pharmacal, Inc. v. International Business Connections, LLC, from Washington Circuit. Motion of Robert K. Rhoads to withdraw as counsel for appellant.

CA03-109. Miguel Sandoval v. Watson Sawmill, Inc. et al., from Workers' Compensation Commission. Appellant's pro se motion for rule on clerk to lodge transcript.

E02-239. Gloria J. Billings et al. v. Director et al., from Board of Review. Appellants' motion to stay briefing schedule.

E03-4. Patricia R. Kuhn v. Director et al., from Board of Review. Appellees' motion to dismiss appeal.

E03-23. S & H Quick Stop v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CACR02-582. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Argued orally.

CACR01-1341. David Nuehring v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-396. Ricky Elkins v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-423. Crystal Stinson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-496. Marlon Leroy Porch and Michael Anthony Westbrook v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-550. Aaron Phillips v. State of Arkansas, from Lonoke Circuit.

CACR02-596. Timothy D. Rankins v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-614. Harold Glenn Davies v. State of Arkansas, from Faulkner Circuit.

CACR02-797. Michael Turner v. State of Arkansas, from Poinsett Circuit.

CA01-1034. Kristy Tew et al. v. Arkansas Department of Human Services, from Faulkner Chancery.

CA02-170. Joni Garrett Hart v. Carolynne J. Garrett et al., from Washington Probate.

CA02-201. Melba Tedder v. Simmons First Bank of NWA, from Washington Circuit.

CA02-430. Jeremiah Clark v. State of Arkansas, from Ashley Circuit.

CA02-516. 145 Associates, LTD v. Theatrical Building Corporation et al., from Pulaski Circuit, Twelfth Division.

CA02-551. Martha Ann Rutherford v. Donald R. Rutherford, from Lawrence Circuit.

CA02-588. Lehman Properties Limited Partnership v. BB & B Construction Company, Inc., from Garland Circuit.

CA02-608. Dwayne Philpott v. Cargill, Inc., from Workers' Compensation Commission.

CA02-618. Randy Lee McQuay v. Arkansas Blue Cross & Blue Shield et al., from Craighead Circuit, Western District.

CA02-620. Steve Gentry v. Mitchell Kanna, from Polk Circuit.

CA02-642. Toby Walker v. Marked Tree Bank, from Poinsett Circuit.

CA02-734. Baptist Health v. Karen Jean Cox, from Workers' Compensation Commission.

CA02-928. Patricia L. Langston v. Donald L. Langston, Jr., from Perry Circuit.

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

E02-155. Wilson & Associates, P.L.L.C. v. Director et al.

E02-294. Patricia G. Hughes v. Director et al.

E02-295. Heather M. Truan v. Director et al.

E02-296. Thomas V. Guzman v. Director et al.

E02-297. Emia G. Williams v. Director et al.

E02-298. US Rooter-All Type Plumbing Company, Inc. v. Director et al.

E02-299. Andre Brewer v. Director et al.

E02-301. Gary L. Richardson v. Director et al.

E02-302. F. Annece Bailey v. Director et al.

E02-303. Kelli R. Ivey v. Director et al.

E02-304. Johnnie P. Fitts v. Director et al.

E02-306. Kendall O. Spruce v. Director et al.

E02-309. Zennettie J. Black v. Director et al.