Opinions delivered
February 6, 2003
February 10, 2003
Carter v. Four Seasons Funding Corp. (Brown, J.) 01-1315
Business & commercial law -- Determining whether factoring contract is true sale or loan; control factor did not weigh in appellant's favor; recourse provision for accounts not paid in ninety days did not convert arrangement into loan; absence of notice did not militate for holding on appellants' favor; damages awarded on basis of faced amount of outstanding accounts not error; parties intended factoring agreement; appellants failed to meet their burden of proof by clear & convincing evidence that financial arrangement was subterfuge for usurious loans; language of Addendum requiring appellee to remit proceeds of non-factored accounts to appellant did not alter appellee's right to security interest in non-factored accounts in event of breach. [HTML, WP5.1]
Doss v. State (Brown, J.) CR02-599
Motions -- Directed-verdict motion not renewed at end of State's rebuttal; sufficiency argument could not be considered n appeal. [HTML, WP5.1]
Maxwell v. State (Per Curiam) CR03-055
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
McWhorter v. McWhorter (Arnold, C.J.) 02-492
Parent & child -- Child support; trial court did not abuse discretion regarding determination of gambling losses where appellant failed to comply with IRS Regulation 77-29. [HTML, WP5.1]
Vanderpool v. Pace (Corbin, J.) 02-073
Municipal corporations -- Municipal code; city marshal plainly & unmistakably designated as department head; appellant city marshal not entitled to overtime pay with respect to receiving fire-department calls; summary judgment correctly granted to appellees. [HTML, WP5.1]
In Re: Administrative Order Number 16 -- Procedures Regarding the Assignment of Judges (Per Curiam) [HTML, WP5.1]
In Re: Supreme Court Committee on Criminal Practice (Per Curiam) [HTML, WP5.1]
Anderson v. State (Per Curiam) CR01-1131
Appeal & error -- Verdict forms not included in record; supplementation of record ordered. [HTML, WP5.1]
Bryan v. Harris, 02-395 (Per Curiam), Pro Se Motion to Expedite Appeal dismissed; motion moot February 6, 2003 [HTML, WP5.1].
Hardin v. State, CR 02-335 (Per Curiam), affirmed February 6, 2003 [HTML, WP5.1].
Hendrickson-Atkinson v. State, CR 02-1037 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted February 6, 2003. [HTML, WP5.1]
Hutcherson v. State, CR 02-373 (Per Curiam), rebriefing ordered February 6, 2003. [HTML, WP5.1]
Lamar v. State, CR 01-909 (Per Curiam), Pro Se Motion for Photocopy of Transcript or Access to Transcript at Public Expense denied February 6, 2003. [HTML, WP5.1]
Pate v. State, CR 02-451 (Per Curiam), Pro Se Motion to File a Belated Brief granted February 6, 2003. [HTML, WP5.1]
Weaver v. State, CR 02-737 (Per Curiam), Pro Se Motion for Duplication of Appellant's Brief at Public Expense moot February 6, 2003. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
02-492. Gene McWhorter v. Bernice McWhorter, from Phillips Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
02-73. Robert Vanderpool v. Jean Pace, Mayor of the City of Mammoth Spring; Jack Haney, Carol Howell, James Mills, and Bruce Green, Aldermen of the City of Mammoth Spring, from Fulton Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR02-599. Joy Danielle Doss v. State of Arkansas, from Washington Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
01-1315. Marcus G. Carter and Commerce Alliance, Inc. v. Four Seasons Funding Corporation, from Pulaski Circuit, Eleventh Division. Affirmed. (29 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR02-335. Timothy Wayne Hardin v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARING DENIED. Petition for rehearing was denied today in the following case.
CR02-662. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Imber, J., would grant.
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REVIEW GRANTED: Petition for review was granted today in the following case.
03-25. Glenn Hisaw et ux. v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit, Western District.
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REVIEW DENIED: Petition for review was denied today in the following case.
03-28. Paul A. Culbreath et ux. v. Majoria F. DeShazo et al., from Fulton Circuit. Corbin, J., would grant.
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02-1354. Jordan Blair v. State of Arkansas, from Crawford Circuit. Petition for writ of certiorari to complete the record is denied; petitioner is represented by counsel, Richard Derek Barlow, and cannot appear pro se.
CR01-1276. Larry LeClere v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to publish opinion is denied.
CR02-85. John J. Hardin v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal is granted.
CR02-826. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file an enlarged brief is granted. Glaze and Hannah, JJ., would deny.
CR02-964. James Hutts v. State of Arkansas, from Yell Circuit, Northern District. Motion for continuance. Granted 90 days.
CR02-1166. Rodney Barnett v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to compel compliance with Arkansas Supreme Court Rule 4-2(a)(5) is denied. Appellee to supplement abstract; 30 days. Imber and Hannah, JJ., would grant.
CR02-1364. Curtis Dwain Reese, Jr. v. State of Arkansas, from Saline Circuit. Motion to be relieved as counsel is granted; Jonathan T. Lane appointed as counsel.
CR03-55. Richard Maxwell v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR03-105. Paul Anthony Moore v. Honorable Marion A. Humphrey, Judge, from Pulaski Circuit, First Division. Motion for stay is denied; petition for writ of prohibition is denied without prejudice to raise issue on appeal. (Proceedings of February 4, 2003).
02-1194. Michael R. Berry v. Commercial Bank & Trust Company et al., from Drew Circuit. Appellees' motion to dismiss appeal. Passed until case submitted.
02-1387. Jerry Carlew v. Evie Wright, from White Circuit. Appellant's motion to file exhibits is granted.
03-52. Barbara Merrell et al. v. Rick Branham, from Prairie Circuit, Northern District. Motion for rule on clerk is denied.
03-57. Union Pacific Railroad Company et al. v. Chris Barber et al., from St. Francis Circuit. Petition for writ of certiorari to complete the record. Granted 30 days.
CR01-909. Anthony Lamar v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for photocopy of transcript or access to transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-373. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-451. Gerald Pate v. State of Arkansas, from Faulkner Circuit. Pro se motion to file a belated brief. Motion granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-737. Terri Weaver and Corrina Joann Puckett v. State of Arkansas, from Hot Springs Circuit. Pro se motion for duplication of appellant's brief at public expense. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR02-1037. Carmen Hendrickson-Atkinson a/k/a Carmen Atkinson v. State of Arkansas, from Lonoke Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
02-395. Harold Bryan v. Grant Harris, Warden, from Jefferson Circuit. Pro se motion to expedite appeal. Appeal dismissed; motion moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
In Re: Administrative Order Number 16 — Procedures Regarding Assignment of Judges. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Supreme Court Committee on Criminal Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Hon. David Burnett, Circuit Judge of the Second Judicial Circuit, Hon. Jim Gunter, Circuit Judge of the Eighth Judicial Circuit North, and Bruce Anderson, Esq., of Warren are hereby reappointed to our Committee on Criminal Practice for three-year terms to expire on January 31, 2006. The Court thanks Judge Burnett, Judge Gunter, and Mr. Anderson for accepting reappointment to the Committee.
Thomas B. Devine, III, Esq., of Little Rock, Timothy Dudley, Esq., of Little Rock, and David Raupp, Esq., Assistant Attorney General, are appointed to the Criminal Practice Committee for three-year terms to expire on January 31, 2006. The Court thanks Messrs. Devine, Dudley, and Raupp for accepting appointment to this important Committee.
The Court expresses its gratitude to Kelly Hill, Esq., Jeff Rosenzweig, Esq., and Tammy Harris, Esq., whose terms have expired, for their years of service to the Committee.
PETITION FOR REHEARING:
CR02-570. Rex E. Bradford v. State of Arkansas, from St. Francis Circuit.
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PETITIONS FOR REVIEW:
03-29. Glenn Fast v. Northtown Auto Sales, Inc. et al., from Boone Circuit.
03-74. Bobbie Holland and Donald Holland v. Stephen F. Lefler, M.D. et al., from White Circuit.
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CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Appellant's motion to supplement the record.
CR02-1297. Mark Allen Elser v. State of Arkansas, from Crawford Circuit. Appellee's motion to file supplemental brief.
CR03-83. Jason J. Gulley v. State of Arkansas, from Clark Circuit. Motion to file belated appeal.
02-321. Arkansas Department of Environmental Quality v. Brighton Corporation et al., from Jefferson Circuit. Suggestion of bankruptcy.
02-244. NCS Healthcare of Arkansas, Inc. v. W. P. Malone, Inc., from Clark Circuit. Appellee's motion to amend mandate to re-tax costs.
02-874. Joyce Whaley v. Kroger Company, from Arkansas Circuit, Southern District. Appellee's motion for sanctions.
02-929. Arkansas Pharmacist's Association, Inc. et al. v. Arkansas State and Public School Life and Health Insurance Board et al., from Pulaski Circuit, Seventh Division. Appellants' combined motion to strike.
02-1211. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion to file a supplemental brief.
02-1310. Michael D. Huckabee v. Ben Allen et al., from Pulaski Circuit, Fifth Division. Appellant's motion to dismiss appeal without prejudice.
03-67. Mundaca Financial Services, L.L.C. v. Milton Harold Jackson, Jr. et al., from Pulaski Circuit, Fifteenth Division. Appellant's motion to consolidate record.
03-84. William T. Acuff v. Honorable Robert C. Vittitow, Judge, from Ashley Circuit. Petition for writ of prohibition.
CR01-1131. Randy L. Anderson v. State of Arkansas, from Chicot Circuit. Argued orally.
02-462. Donna Garland Summers v. Richard David Garland, from Pope Circuit.
02-812. Craighead Electric Cooperative Corporation v. Craighead County, Arkansas, from Craighead Circuit, Western District.
02-874. Joyce Whaley v. Kroger Company, from Arkansas Circuit, Southern District.
02-929. Arkansas Pharmacist's Association, Inc. et al. v. Arkansas State and Public School Life and Health Insurance Board et al., from Pulaski Circuit, Seventh Division.
02-988. Arnell Willis et al. v. Barbara King et al., from Pulaski Circuit, Seventh Division.