Brown v. Johnson (Hart, J.) CA02-606

Deeds -- Construction; trial court did not clearly err in concluding that deed unambiguously excluded adopted children. [HTML, WP5.1]

Marshall v. Madison County (Stroud, C.J.) CA02-517

Workers' compensation -- Appellant's argument not supported by Ark. Code Ann. § 11-9-113; Commission's denial of relief affirmed. [HTML, WP5.1]

Neil v. Nationwide Mut. Fire Ins. Co. (Roaf, J.) CA02-605

Insurance -- Missstatment of facts in application to insurer; insurer cannot rely on misstatements in avoidance of liability where no fraud or collusion on part of insured; summary judgment not appropriate where fact question existed concerning whether appellee insurance company asked & correctly recorded appellant insured's answer about previous losses. [HTML, WP5.1]

145 Assoc., LTD. v. Theatrical Bldg. Corp., CA 02-516 (Stroud, C.J.), affirmed on direct appeal; affirmed on cross-appeal February 19, 2003. [HTML, WP5.1]

Baptist Health v. Cox, CA 02-734 (Neal, J), affirmed February 19, 2003. [HTML, WP5.1]

Davies v. State, CA CR 02-614 (Griffen, J.), affirmed February 19, 2003. [HTML, WP5.1]

Delta Plastics, Inc. v. Director, E 02-115 (Griffen, J.), affirmed February 19, 2003. [HTML, WP5.1]

Elkins v. State, CA CR 02-396 (Crabtree, J.), affirmed February 19, 2003. [HTML, WP5.1]

Langston v. Langston, CA 02-928 (Roaf, J.), affirmed February 19, 2003. [HTML, WP5.1]

Nuehring v. State, CA CR 01-1341 (Vaught, J.), rebriefing ordered February 19, 2003. [HTML, WP5.1]

Phillips v. State, CA CR 02-550 (Robbins, J.), reversed and remanded February 19, 2003. [HTML, WP5.1]

Philpott v. Cargill, Inc., CA 02-608 (Crabtree, J.), affirmed February 19, 2003. [HTML, WP5.1]

Rankins v. State, CA CR 02-596 (Bird, J.), affirmed February 19, 2003. [HTML, WP5.1]

Stinson v. State, CA CR 02-423 (Roaf, J.), affirmed February 19, 2003. [HTML, WP5.1]

Tedder v. Simmons First Bank of NWA, CA 02-201 (Neal, J.), affirmed February 19, 2003. [HTML, WP5.1]

Turner v. State, CA CR 02-797 (Stroud, C.J.), affirmed February 19, 2003. [HTML, WP5.1]

Wilson & Assoc. v. Director, E 02-155 (Gladwin, J.), affirmed February 19, 2003. [HTML, WP5.1]

Wright v. State, CA CR 02-419 (Baker, J.), affirmed February 19, 2003. [HTML, WP5.1]

Bailey v. Director of Labor, E 02-302, February 19, 2003.

Black v. Director of Labor, E 02-309, February 19, 2003.

Brewer v. Director of Labor, E 02-299, February 19, 2003.

Fitts v. Director of Labor, E 02-304, February 19, 2003.

Guzman v. Director of Labor, E 02-296, February 19, 2003.

Hughes v. Director of Labor, E 02-294, February 19, 2003.

Ivey v. Director of Labor, E 02-303, February 19, 2003.

Richardson v. Director of Labor, E 02-301, February 19, 2003.

Spruce v. Director of Labor, E 02-306, February 19, 2003.

Truan v. Director of Labor, E 02-295, February 19, 2003.

US Rooter-All Type Plumbing Co. v. Director of Labor, E 02-298, February 19, 2003.

Williams v. Director of Labor, E 02-297, February 19, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-797. Michael Turner v. State of Arkansas, from Poinsett Circuit. Affirmed. Neal and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-516. 145 Associates, LTD. v. Theatrical Building Corporation; the Unknown Beneficiaries of the Ike Murry Trust; and the Unknown Spouse of Ike Murry, Deceased, from Pulaski Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Hart and Gladwin, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-517. Herbert Marshall v. Madison County, from Workers' Compensation Commission. Affirmed. Hart and Griffen, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA02-606. Doyle Edward Brown v. Betty Carlene Brown Johnson and Marion E. Johnson, from Madison Circuit. Affirmed on Direct Appeal; Cross-Appeal Moot. Stroud, C.J., and Griffen, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

E02-155. Wilson & Associates v. Director, Employment Security Division and Rita Austin, from Board of Review. Affirmed. Pittman and Hart, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-550. Aaron Phillips v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. Bird and Griffen, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-596. Timothy D. Rankins v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Robbins and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-614. Harold Glenn Davies v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-115. Delta Plastics, Inc. v. Director, Employment Security Department and Kenneth G. Roach, from Board of Review. Affirmed. Stroud, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-201. Melba Tedder, Individually and as Administratrix of the Estate of Alice Leach, Deceased v. Simmons First Bank of NWA, from Washington Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-734. Baptist Health v. Karen Jean Cox, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Vaught, J., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1341. David Nuehring v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Stroud, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-396. Ricky Elkins v. State of Arkansas, from Sebastian Circuit. Affirmed. Baker and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-608. Dwayne Philpott v. Cargill, Inc., from Workers' Compensation Commission. Affirmed. Baker and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-423. Crystal Stinson v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-605. Lamar Neill v. Nationwide Mutual Fire Insurance Company, from Logan Circuit. Reversed and Remanded. Pittman, Robbins, and Crabtree, JJ., agree. Gladwin and Neal, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-928. Patricia L. Langston v. Donald Lee Langston, Jr., from Perry Circuit. Affirmed. Crabtree and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [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).

E02-294. 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.

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

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 is denied. Appellant's counsel ordered to file brief within thirty days.

CACR01-1351. Lloyd Callie v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of James O. Cox for attorney's fees is granted. Allowed $750.00.

CACR02-127. Jerry Lee Frazier v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $750.00.

CACR02-180. Roger A. Cooney v. State of Arkansas, from Pulaski Circuit, First Division. Motion of James E. Hensley, Jr. for attorney's fees is granted. Allowed $750.00.

CACR02-236. Billy Lemans Edwards v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $750.00.

CACR02-377. Danny Harris v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $750.00.

CACR02-421. Lashauna A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.

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

CACR02-454. Randy Lee Phillips v. State of Arkansas, from Garland Circuit. Motion of Martin J. Patterson for attorney's fees is granted. Allowed $750.00.

CACR02-455. Randy Phillips v. State of Arkansas, from Garland Circuit. Motion of Kimberly Bosshart for attorney's fees is granted. Allowed $750.00.

CACR02-500. Gary Tolbert v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of William O. "Bill" James, Jr. for attorney's fees is granted. Allowed $750.00.

CACR02-541. Derrick Shields v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is granted. Allowed $750.00.

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

CACR02-1056. Terry Sanders v. State of Arkansas, from Greene Circuit. Appellant's pro se motion for appointment of counsel and for additional time is denied. Roaf, J., would grant thirty days to file points for reversal.

CACR03-4. Jeffrey A. Swinford v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement and correct the record and for brief time and petition for writ of certiorari to complete the record. Remanded to the trial court to settle the record within thirty days.

CA02-427. NationsBanc Mortgage Corporation v. Alfred J. Hopkins et al., from Perry Circuit. Appellant's motion to file substituted brief is granted. Gladwin, Griffen, and Roaf, JJ., not participating.

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

CA02-1119. Superior Federal Bank, F.S.B. v. George S. Mackey et al., from Pulaski Circuit, Fifth Division. Appellant's motion to supplement abstract is denied. Leave granted for appellant to file substituted abstract and brief within thirty days. Stroud, C.J., and Roaf, J., would grant. Griffen and Neal, JJ., not participating.

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 is remanded to the trial court to settle the record within thirty days.

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 is granted. Second Injury Fund to file its appellee's brief twenty days after Sanders Plumbing Supply files its appellee's brief.

E02-239. Gloria J. Billings et al. v. Director et al., from Board of Review. Appellants' motion to stay briefing schedule is denied without prejudice.

PETITIONS FOR REHEARING:

CA01-1125. Thomas and Lilly Randles v. Billy and Denise Cole, from Benton Circuit.

CA02-307. Donald Rhodes and Joy Janes v. Charles Veith, from Benton Circuit.

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CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Motion of Frank B. Newell for attorney's fees.

CACR01-862. Eric Esquibel v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR01-879. James Greg Tillery and Patsy Tillery v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees.

CACR01-1288. Mack Jordan v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.

CACR01-1430. Terry Dixon-Bey v. State of Arkansas, from Faulkner Circuit. Motion of Terry Goodwin Jones for attorney's fees.

CACR02-31. Patrick Eugene Allen v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees.

CACR02-57. Undra M. Singleton v. State of Arkansas, from Ashley Circuit. Motion of Thomas B. Wilson for attorney's fees.

CACR02-110. Roderick White v. State of Arkansas, from Howard Circuit. Motion of Alvin Schay for attorney's fees.

CACR02-138. Ricky Wright v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR02-176. Clyde Wallace v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR02-187. Lacy Lee Sutton v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR02-253. Alton Lavern Brunson v. State of Arkansas, from Arkansas Circuit, Southern District. Appellant's motion for extension of time to file petition for rehearing.

CACR02-270. Steven L. Sawyer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Charles M. Duell for attorney's fees.

CACR02-285. James Greg Tillery v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees.

CACR02-320. James Earl Green v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Gregg A. Knutson for attorney's fees.

CACR02-325. William Keith McDaniel v. State of Arkansas, from Cross Circuit. Motion of Ray A. Waters for attorney's fees.

CACR02-376. Harold Troup v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion to set appeal bond.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion for appointment of counsel.

CACR02-767. William Andrew Arnett v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion to proceed pro se on appeal.

CACR02-932. David Wayne Fulmer v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.

CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.

CACR02-960. Benjamin Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to file belated points for reversal.

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CACR02-1025. Gary Green v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time.

CACR02-1070. Earnest Jerome Spiller v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time.

CACR02-1121. Peter Zenofon Nikolakakis v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.

CACR02-1204. Gary Hunt v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.

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

CACR03-30. Jaqueline Smith v. State of Arkansas, from Clark Circuit. Motion of T. Clay Janske to withdraw and motion to substitute Q. Byrum Hurst, Jr., as counsel for appellant.

CA02-515. James Douglas Dunham v. Kathleen Louise Dunham et al., from Washington Circuit. Appellant's motion for amended brief.

CA02-559. Second Injury Fund v. Edmond P. Lewis, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA02-1119. Superior Federal Bank v. George S. Mackey et al., from Pulaski Circuit, Fifth Division. Appellees' motion to strike appellant's reply brief.

CA02-1281. Kimble Turner v. Linda Davenport Turner, from Pope Circuit. Appellant's motion to proceed and give judgment on appellant's brief.

CA03-46. Bio-Tech Pharmacal, Inc. v. International Business Connections, L.L.C., from Washington Circuit. Appellant's motion for additional brief time.

CA02-727. TDS Erectors, Inc. et al. v. Jerry Estes et al., from Lafayette Circuit. Argued orally.

CA02-792. Stephens Production Company v. Reuel S. Holland et al., from Sebastian Circuit, Greenwood District. Argued orally.

CACR01-1297. Everth Rodriquez v. State of Arkansas, from Jefferson Circuit.

CACR02-323. Darryl Wayne Franklin v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR02-518. Thomas Rice v. State of Arkansas, from Hot Spring Circuit.

CACR02-586. Carl Wade Cousins v. State of Arkansas, from Washington Circuit.

CACR02-629. Richard Scott Tucker v. State of Arkansas, from Yell Circuit, Northern District.

CACR02-657. Leo Timmons v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-689. Kenneth Marbley v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-773. Rodney Brown v. State of Arkansas, from Pulaski Circuit, Second Division.

CA02-133. Patricia Powell v. John Charles Powell, from Carroll Circuit, Eastern District.

CA02-223. City of Monticello v. State of Arkansas, from Drew Circuit.

CA02-357. Allen Bowles v. Southwestern Bell Telephone et al., from Workers' Compensation Commission.

CA02-428. Neil D. Williams v. Brown's Sheet Metal et al., from Workers' Compensation Commission.

CA02-481. State of Arkansas Office of Child Support Enforcement et al. v. Charles W. King, from Pulaski Circuit, Thirteenth Division.

CA02-488. Manley Fox v. Arkansas Department of Human Services, from Independence Circuit.

CA02-538. D. W. Lainhart v. Diamante et al., from Saline Circuit.

CA02-616. Brenda Gause v. Shelter General Insurance Company, from Mississippi Circuit, Osceola District.

CA02-673. Metropolitan National Bank v. LA Sher Oil Company, Inc., from Pulaski Circuit, Sixth Division.

CA02-701. Sandra Herzberg et al. v. Pine Bluff National Bank, from Jefferson Circuit.

CA02-728. Arkansas Health Group v. Joe Rochelle, M.D., from Lonoke Circuit.

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

E02-166. Gena C. Rossini v. Director et al.

E02-173. George W. Scott, Jr. v. Director et al.

E02-323. Argentina Pena v. Director et al.

E02-325. Bobby G. Gilliam v. Director et al.

E02-326. Oaklawn Packaging, Inc. v. Director et al.

E02-327. Mary L. McGowan v. Director et al.

E02-328. Debra L. Nathan v. Director et al.

E02-330. Anthony C. Kenney v. Director et al.

E02-332. Cynthia P. Mock v. Director et al.

E02-333. Frankie M. Campbell v. Director et al.

E02-334. Lou Ann Boggs v. Director et al.

E02-336. Fredrick L. Gulley v. Director et al.

E02-337. James E. Jackson v. Director et al.

E02-338. Leodis Seawood v. Director et al.