Arrow Intern'l, Inc. v. Sparks (Baker, J.) CA02-75

Evidence -- Expert testimony; Daubert inquiry not warranted here; no abuse of discretion in admission of rebuttal testimony; similar occurrences found substantially similar & therefore admissible; appellant continued to manufacture two-piece device without providing adequate warnings although aware of problems resulting in numerous deaths & injuries; award of punitive damages affirmed. [HTML, WP5.1]

Barnett v. Monumental Gen. Ins. Co. (Vaught, J.) CA01-1401

Appeal & error -- Trial court lacked authority to enter duplicate order; appeal dismissed. [HTML, WP5.1]

Bishop v. City of Fayetteville (Pittman, J.) CA02-399

Deeds -- Trial judge correct in finding grant of summary judgment to be unambiguous & in construing unrestricted access right-of-way in addition to utility easement; deed unambiguously granted appellee city access easement that anticipated expanded use; no error in grant of summary judgment. [HTML, WP5.1]

Davis v. State (Bird, J.) CA CR 02-564

Constitutional law -- Right to jury trial; defendant entitled to jury trial without even making motion; attorney not relieved of responsibilities imposed by rules of professional conduct appellant deprived of right to jury trial; reversed & remanded. [HTML, WP5.1]

Magnet Cove Sch. Dist. v. Barnett (Hart, J.) CA02-597

Workers' compensation -- Calculation of average weekly wage; substantial evidence supported Commission's decision to divide by thirty-nine rather than fifty-two weeks; appellate court had jurisdiction to address merits of case. [HTML, WP5.1]

Remington v. Roberson (Crabtree, J.) CA02-207

Wills -- Destruction of will; presumption existed that will was revoked; reasons supporting rebuttal of presumption invalid; appellee failed to meet burden of establishing lost will. [HTML, WP5.1]

Allen v. State, CA 02-536 (Gladwin, J.), affirmed February 12, 2003. [HTML, WP5.1]

Anderson v. Anderson, CA 02-420 (Robbins, J.), affirmed February 12, 2003. [HTML, WP5.1]

Biggs v. State, CA CR 02-573 (Bird, J.), affirmed February 12, 2003. [HTML, WP5.1]

Briley v. State, CA CR 02-324 (Baker, J.), affirmed February 12, 2003. [HTML, WP5.1]

Burke v. State, CA CR 02-233 (Vaught, J.), rebriefing ordered February 12, 2003. [HTML, WP5.1]

Gailey v. Allstate Ins. Co., CA 02-184 (Vaught, J.), appeal dismissed February 12, 2003. [HTML, WP5.1]

Gann v. State, CA CR 02-612 (Stroud, C.J.), affirmed February 12, 2003. [HTML, WP5.1]

Garrett v. Estate of Miller, CA 02-245 (Griffen, J.), affirmed February 12, 2003. [HTML, WP5.1]

Hobbs v. State, CA CR 02-615 (Neal, J.), affirmed February 12, 2003. [HTML, WP5.1]

Linley v. Linley, CA 02-410 (Bird, J.), affirmed February 12, 2003. [HTML, WP5.1]

McDaniel v. State, CA CR 02-325 (Pittman, J.), affirmed February 12, 2003. [HTML, WP5.1]

Miller v. The Kroger Co., CA 02-480 (Roaf, J.) Substituted published opinion on denial of rehearing delivered May 21, 2003; appears in syllabus that date.  [HTML, WP5.1]

Ray v. State, CA CR 02-317 (Crabtree, J.), affirmed February 12, 2003. [HTML, WP5.1]

Reilly v. Homes, CA 02-609 (Crabtree, J.), affirmed February 12, 2003. [HTML, WP5.1]

Skelton v. Washington Reg. Med. Center, CA 02-659 (Neal, J.), affirmed February 12, 2003. [HTML, WP5.1]

Stewart v. Clark, CA 02-389 (Roaf, J.), affirmed February 12, 2003. [HTML, WP5.1]

Taylor v. State, CA CR 02-375 (Roaf, J.), affirmed February 12, 2003. [HTML, WP5.1]

Wycoff v. State, CA CR 02-547 (Robbins, J.), affirmed February 12, 2003. [HTML, WP5.1]

Alexander v. Director of Labor, E 02-286, February 12, 2003.

Anderson v. Director of Labor, E 02-285, February 12, 2003.

Beaty v. Director of Labor, E 02-284, February 12, 2003.

Clark v. Director of Labor, E 02-287, February 12, 2003.

Clegg v. Director of Labor, E 02-290, February 12, 2003.

Fitch v. Director of Labor, E 02-293, February 12, 2003.

Harris v. Director of Labor, E 02-292, February 12, 2003.

Haywood v. Director of Labor, E 02-288, February 12, 2003.

Honorable v. Director of Labor, E 02-291, February 12, 2003.

Little, John D. v. Director of Labor, E 02-282, February 12, 2003.

Little, John D. v. Director of Labor, E 02-283, February 12, 2003.

Moore v. Director of Labor, E 02-281, February 12, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-612. Rodney Leon Gann v. State of Arkansas, from Benton Circuit. Affirmed. Hart and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-325. William Keith McDaniel v. State of Arkansas, from Cross Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-399. Bill Bishop and Shelli Bishop v. City of Fayetteville et al., from Washington Circuit. Affirmed. Crabtree, J., agrees. Robbins, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA02-597. Magnet Cove School District and Risk Management Resources v. Shirley Barnett, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Griffen, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA02-536. Jon Allen v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-547. Gregory Wycoff v. State of Arkansas, from Greene Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-420. Steven Anderson v. Tammy Anderson, from Faulkner Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-564. Howard Davis v. State of Arkansas, from Hot Spring Circuit. Reversed and Remanded. Vaught and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR02-573. Alvin H. Biggs v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-410. Daniel G. Linley v. Janet K. Linley, from Benton Circuit. Affirmed. Vaught and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA02-245. Louise I. Garrett, as Personal Representative of the Estate of Victor Lee Garrett v. Estate of Jerry Duane Miller et al., from Clay Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-615. Melvin C. Hobbs v. State of Arkansas, from Desha Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-659. Katrina Skelton v. Washington Regional Medical Center, from Workers' Compensation Commission. Affirmed. Gladwin and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit. Rebriefing Ordered. Bird and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1401. Jimmie Lee Barnett et al. v. Monumental General Insurance Company, from Van Buren Circuit. Appeal Dismissed; Cross-Appeal Dismissed. Stroud, C.J., Robbins, and Crabtree, JJ., agree. Pittman and Bird, JJ., concur. Hart, Griffen, and Roaf, JJ., dissent. (3 PAGES + 2-PAGE CONCURRENCE + 2-PAGE CONCURRENCE + 10-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-184. Dezoray Gailey v. Allstate Insurance Company and Bianca Sills, from Craighead Circuit. Appeal Dismissed. Bird and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-317. Timothy Alan Ray v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-207. Mary Remington v. John T. Roberson, from Lonoke Probate. Reversed. Pittman and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-609. Doris Reilly v. Clayton Homes, from Workers' Compensation Commission. Affirmed. Pittman and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-324. John B. Briley v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-75. Arrow International, Inc. v. Misty Long Sparks, Administratrix of the Estate of Robert "Grumpy" Long, Deceased, from Independence Circuit. Affirmed. Bird and Vaught, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-375. Eddie A. Taylor v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-389. Vickie Stewart v. Charles W. Clark, from Carroll Circuit. Affirmed. Gladwin and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-480. Marqueta Miller v. The Kroger Company and Lisa Baker, from Faulkner Circuit. Affirmed in Part; Reversed and Remanded in Part. Gladwin and Neal, JJ., agree. Substituted published opinion on denial of rehearing delivered May 21, 2003; appears in syllabus that date. (9 PAGES + 3-PAGE DISSENT 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).

E02-281. 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.

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

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

CACR02-813. Kent Edward McDonald v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal is denied. Counsel for appellant ordered to file brief within thirty days.

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

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

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

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 is denied.

CACR02-1191. Timothy Burchfield et al. v. State of Arkansas, from Drew Circuit. Appellant's motion to file belated brief and for brief time is granted. Brief due in thirty days.

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 is granted.

CA02-348. Kelly Mainard v. Arkansas Department of Human Services, from Van Buren Circuit. Motion to file belated brief on behalf of minor children is granted. Brief due in thirty days.

CA02-842. Sharon Kay Edmundson v. The Estate of Oral W. Fountain, Deceased, from Izard Circuit. Appellant's motion for additional brief time is granted. Gladwin, Robbins, Griffen, Vaught, and Roaf, JJ., would make this final extension.

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

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 is denied, but leave granted to file substituted appellant's brief within thirty days. Roaf, J., would grant motion.

CA02-1147. Bill's Printing, Inc. et al. v. George F. Carder, III, from Cleburne Circuit. Appellants' motion to file enlarged reply brief is denied. Reply brief due in fifteen days.

CA02-1187. Cloverleaf Express et al. v. Lyle Fouts, from Workers' Compensation Commission. Appellants' motion to file belated brief is granted. Brief filed this date.

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

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 is granted for forty-five days.

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 is granted.

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 is granted.

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 is denied.

E03-4. Patricia Kuhn v. Director et al., from Board of Review. Appellees' motion to dismiss appeal is passed until case is submitted. Bird, Griffen, Vaught, Baker, and Roaf, JJ., would deny.

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

PETITION FOR REHEARING:

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.

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CACR01-871. Myron Kent George v. State of Arkansas, from Greene Circuit. Appellee's motion to dismiss appeal.

CACR02-432. Darren Gates v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for transcript.

CACR02-880. Frederick Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time.

CACR02-1056. Terry Sanders v. State of Arkansas, from Greene Circuit. Appellant's pro se motion for appointment of counsel and for additional time.

CACR03-4. Jeffrey Swinford v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement and correct the record and for brief time.

CACR03-15. Richard Earl Von Holt, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Julia Llewellyn Ketcham to be substituted as counsel for appellant.

CA02-427. NationsBanc Mortgage Corporation v. Alfred J. Hopkins et al., from Perry Circuit. Appellant's motion to file substituted brief.

CA02-642. Toby Walker et al. v. Marked Tree Bank et al., from Poinsett Circuit. Appellants' motion to substitute parties.

CA02-1119. Superior Federal Bank, F.S.B. v. George Mackey et al., from Pulaski Circuit, Fifth Division. Appellant's motion to supplement abstract.

CA02-1360. James E. Turner, Jr. et al. v. John Farnam et al., from Pope Circuit. Motion of appellee, David McCormick, to supplement the record.

CA03-102. Teddy Wren v. Sanders Plumbing Supply et al., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to set separate briefing schedule.

CA02-548. Virginia Dovers v. Stephenson Oil Company, Inc., from Pulaski Circuit, Second Division. Argued orally.

CA02-600. Jermone Graves v. Loran Graves Stevison, from Crittenden Circuit. Argued orally.

CACR02-291. Robert Peel v. State of Arkansas, from Craighead Circuit, Western District.

CACR02-304. Barbara Gipson v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR02-315. Emanuel Tolbert v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-332. Gregory Ray Garner v. State of Arkansas, from Lonoke Circuit.

CACR02-388. Laurie Ann Johnson v. State of Arkansas, from Benton Circuit.

CACR02-452. Kenneth Harness v. State of Arkansas, from Crawford Circuit.

CACR02-491. Joseph Enkoff and Shawna Lou Day v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-520. David Lee Hickey v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-649. Jacob Sisk v. State of Arkansas, from Crawford Circuit.

CACR02-651. Earl Ray Mills v. State of Arkansas, from Crawford Circuit.

CACR02-667. Ky'ron Watkins v. State of Arkansas, from Hot Spring Circuit.

CACR02-750. Tommy G. Corbit v. State of Arkansas, from White Circuit.

CA02-440. Bill J. Cory v. Tom Keeling, from Searcy Circuit.

CA02-539. Anthony Jackson v. Elizabeth Tatum Jackson, from Lonoke Circuit.

CA02-565. Byron J. Bishop v. ACKR, Inc., from Jefferson Circuit.

CA02-583. Howard W. Curry et ux. v. William S. Thornsberry et ux., from Pope Circuit.

CA02-590. John David Hubbell v. Koleta Eileen Hubbell, from Carroll Circuit, Eastern District.

CA02-617. Kenneth Danner v. Billy Paul Bullock et ux., from Arkansas Circuit, Southern District.

CA02-621. Ann D. Stouffer v. Kralicek Realty Company, Inc., from Sebastian Circuit, Fort Smith District.

CA02-660. Sherman Waterproofing, Inc. et al. v. Darragh Company, from Pulaski Circuit, Third Division.

CA02-887. Rexayne Taylor v. Scott W. Taylor, from Union Circuit.

CA02-924. Edna Washington v. Arkansas Department of Human Services, from Jefferson Circuit.

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

E02-307. Brenda S. Rowland v. Director et al.

E02-308. Tamela L. Henthorne v. Director et al.

E02-310. Sharon Sanner v. Director et al.

E02-311. Bennie F. Norman v. Director et al.

E02-313. Allean Williams v. Director et al.

E02-314. Deborah J. Norris v. Director et al.

E02-315. Matthews, Inc. v. Director et al.

E02-317. Olive J. Flowers v. Director et al.

E02-318. Donnie M. Barnes v. Director et al.

E02-319. Reginald D. Washington v. Director et al.

E02-320. Ruthann Gardner v. Director et al.

E02-321. James T. Williams v. Director et al.