Chavers v. EPSCO, Inc. (Hannah, J.) 02-866

Partnership -- By estoppel; finding that dealership application supported finding of partnership by estoppel was not clearly erroneous; representations were sufficient proof to support finding that both appellant sons of business owner were estopped from denying liability to appellee. [HTML, WP5.1]

Craighead Elec. Coop. Corp. v. Craighead County (Hannah, J.) 02-812

Easements -- Right-of-way; trial court must determine whether appellant cooperative acquired prescriptive right in property where poles & power lines were located; forcing movement of poles & power lines may constitute taking requiring compensation. [HTML, WP5.1]

Heikkila v. State (Hannah, J.) CR02-852

Criminal law -- Criminal statutes; conduct between appellant & daughters of appellant's sister-in-law prohibited under incest statute; relationship of unrelated uncle & niece analogous to step-relationship. [HTML, WP5.1]

Jones v. Double "D" Props., Inc. (Glaze, J.) 02-717

Taxation -- Redemption of delinquent lands; notice sent to owner by certified mail in compliance with law; statute strictly complied with; issues raided in motion for new trial not timely; no error found in trial court's denial of motion; appellant's claim properly found to be compulsory counterclaim; dismissal affirmed where counterclaim never timely presented to court. [HTML, WP5.1]

Smith v. State (Hannah, J.) CR01-1132

Crimina law -- Language in first-degree battery statute "injury caused by means of firearm" requires that gun be fired & not merely used as club; proof insufficient to sustain first-degree battery charge; sentence reduced to one appropriate for second degree battery; motion for directed verdict properly denied on charge of vehicular piracy; appellant had access to State's case file for over year prior to trial; objection made at trial to strike all of State's witnesses properly denied. [HTML, WP5.1]

Willis v. King (Brown, J.) 02-988

Elections -- Contests; appellant failed to comply with plain terms of Ark. Code Ann. § 7-5-801(d); statutory language concerning timeliness is mandatory; circuit court without jurisdiction to hear appellant's complaint. [HTML, WP5.1]

Burgie v. State, CR 02-90 (Per Curiam), affirmed February 20, 2003. [HTML, WP5.1]

Burnett v. State, CR 02-336 (Per Curiam), Pro Se Motion to Amend Points for Reversal and to Reply to Appellee's Brief and Motion to Correct Motion to Amend Points denied February 20, 2003. [HTML, WP5.1]

Nichols v. Davis, 02-1050 (Per Curiam), Pro Se Motion for Reconsideration of Petition for Writ of Mandamus dismissed February 20, 2003. [HTML, WP5.1]

Williams v. Davis, 03-26 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 20, 2003. [HTML, WP5.1]

Wright v. Shirron, CR 03-126 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 20, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-717. Robbie R. Jones and Buck D. Jones v. Double "D" Properties, Inc., an Arkansas Corporation and Charlie Daniels, Commissioner of State Lands, State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Brown and Imber, JJ., concur. (15 PAGES + 2-PAGE CONCURRENCE + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

02-988. Arnell Willis et al. v. Barbara King et al., from Pulaski Circuit, Seventh Division. Affirmed. Glaze, J., concurs. (8 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-1132. Dennis James Smith v. State of Arkansas, from Drew Circuit. Affirmed As Modified. Glaze, Imber, and Thornton, JJ., concur in part and dissent in part. (18 PAGES + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CR02-852. Jimmy Ray Heikkila v. State of Arkansas, from Benton Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

02-812. Craighead Electric Cooperative Corporation v. Craighead County, Arkansas, from Craighead Circuit, Western District. Reversed and Remanded. (11 PAGES PUBLISHED) [HTML, WP5.1]

02-866. Reggie Chavers, Mark Chavers, and Chavers Welding & Construction v. EPSCO, Inc., from Craighead Circuit, Western District. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-90. Eric Burgie v. State of Arkansas, from Garland Circuit. Affirmed. Imber, J., not participating. (20 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1219. John Ragsdale v. State of Arkansas, from Miller Circuit. Appellee's motion to dismiss appeal is granted.

CR02-1219. John Ragsdale v. State of Arkansas, from Miller Circuit. Pro se motion to file belated response to motion to dismiss appeal is granted.

CR02-1235. Timothy Allen Oliver v. State of Arkansas, from Sevier Circuit. Appellant's motion to incorporate record of direct appeal is denied. See Drymon v. State, 327 Ark. 375 (1997).

CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for stay of briefing schedule or for extension of time. Granted 28 days. Brown, J., not participating.

CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record. Granted 30 days. Brown, J., not participating.

02-703. City of Benton v. Salem Water Users Association, Inc. et al., from Saline Circuit. Appellant's motion to declare litigation settled is granted. Glaze and Corbin, JJ., would dismiss with prejudice.

02-873. R.S. McCullough v. Circuit Court of Ashley County, from Ashley Circuit. Appellant's motion to file belated brief is granted.

02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion to dismiss appeal. Passed until case submitted.

02-1327. Alicia Bennett v. Honorable Linda P. Collier, Judge, from Faulkner Circuit. Appellant's motion for reconsideration is denied.

02-1336. Fannie Fields et al. v. Marvell School District et al., from Pulaski Circuit, Seventh Division. Appellants' motion to file belated brief is granted.

02-1337. Summit Mall Company, LLC et al. v. Russell Lemond et al., from Pulaski Circuit, Seventeenth Division. Appellants' motion to correct the record is granted.

02-1365. D'Arbonne Construction Co., Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit. Appellants' motion to file supplemental brief is granted.

02-1365. D'Arbonne Construction Co., Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit. Appellees' motion to file supplemental brief is granted.

02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellants' motion to file supplemental brief is granted.

02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellee's motion to file supplemental brief is granted.

02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellee's motion to require additional security for continued stay of execution or, to dissolve stay of execution is denied.

03-103. Springdale Diagnostic Clinic, P. A. v. Northwest Physicians, L.L.C. et al., from Washington Circuit. Motion for rule on clerk is granted.

03-117. Georgia Boyd et al. v. Helena-West Helena Public School District et al., from Phillips Circuit. Motion for rule on clerk is denied. Glaze, J., not participating.

03-117. Georgia Boyd et al. v. Helena-West Helena Public School District et al., from Phillips Circuit. Motion to expedite. Moot. Glaze, J., not participating.

03-118. Eddie King et al. v. Lee County School District et al., from Lee Circuit. Motion for rule on clerk is denied. Glaze, J., not participating.

03-118. Eddie King et al. v. Lee County School District et al., from Lee Circuit. Motion to expedite. Moot. Glaze, J., not participating.

CR02-336. Ross Lamar Burnett v. State of Arkansas, from Drew Circuit. Pro se motion to amend points for reversal and to reply to appellee's brief and motion to correct motion to amend points. Motions denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-26. Tony Williams v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-126. Almer Willis Wright v. Honorable Phillip Shirron, Judge, from Hot Spring Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-1050. Billy Mack Nichols v. Honorable Fred Davis, III, Judge, from Jefferson Circuit. Pro se motion for reconsideration of petition for writ of mandamus. Motion dismissed. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REVIEW:

03-110. Statco Wireless, LLC v. Southwestern Bell Wireless, LLC, from Pulaski Circuit, Sixteenth Division.

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CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion for 90-day extension of stay of proceedings.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion for 90-day extension of stay of proceedings.

CR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Motion for extension of time.

CR03-140. Alisa Danieal Efurd v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion for rule on clerk.

CR03-140. Alisa Danieal Efurd v. State of Arkansas, from Sebastian Circuit, Greenwood District. Pro se motion for belated appeal and for other relief.

02-1057. McLane Company, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion for oral argument.

02-1144. Michael A. Price v. Honorable Marion Humphrey, Judge et al., from Pulaski Circuit, First Division. Motion of Federal Home Loan Mortgage Corporation to dismiss appeal.

02-240. Carwell Elevator Company, Inc. et al. v. Timothy Leathers Commissioner of Revenues for the State of Arkansas et al., from Pulaski Circuit, Thirteenth Division. Argued orally.

CR93-284. Gary Cloird a/k/a Simba Kali v. State of Arkansas, from Jefferson Circuit.

CR01-1114. Raymond A. Martinez v. State of Arkansas, from Lonoke Circuit.

CR02-828. Chad Gondolfi v. Honorable David S. Clinger, Judge, from Benton Circuit.

02-1041. State of Arkansas v. $258,035.00 in U.S. Currency; $195,320.00 in U.S. Currency, from Crawford Circuit.

02-1092. Vicki White v. Gary Davis et al., from Searcy Chancery.