Curry v. Thornsberry (Vaught, J.) CA02-583

Limitation of actions -- Ark. Code Ann. § 16-56-112 cannot be used to extend limitations period found in Ark. Code Ann. § 16-56-105; appellants had notice of defects in home; statute of limitations not tolled. [HTML, WP5.1]

Dovers v. Stephenson Oil Co. (Robbins, J.) CA02-548

Evidence -- Appellee's negligence contributed to his collision with appellant's car; jury's verdict not supported by substantial evidence; trial court erred in refusing to grant new trial; case reversed & remanded; argument that trial court erred in allowing appellees to introduce evidence of secondary gain correct; argument waived where appellant opened door to testimony. [HTML, WP5.1]

Lehman Props. v. BB&B Constr. Co. (Robbins, J.) CA02-588

Arbitration -- Federal Arbitration Act not applicable; matter was actually breach-of-contract action; appellee's claims were arbitratable under Arkansas Uniform Arbitration Act. [HTML, WP5.1]

McQuay v. Arkansas Blue Cross & Blue Shield (Pittman, J.) CA02-618

Judgment -- Summary judgment; fact questions remained regarding whether deceased made incorrect statement in answer on health policy application and on whether incorrect statement was material to appellee's acceptance of risk; grant of summary judgment to separate appellee reversed where two rulings were intertwined. [HTML, WP5.1]

Sherman Waterproofing, Inc. v. Darragh Co. (Stroud, C.J.) CA02-660

Appeal & error -- Appellate court does not decide moot issues. [HTML, WP5.1]

Stouffer v. Kralicek Realty Co. (Gladwin, J.) CA02-621

Civil procedure -- Final order; appeal dismissed where Ark. R. Civ. P. 54(b) certificate did not conform to requirements & was ineffective to certify appeal. [HTML, WP5.1]

Anderson v. State, CA CR 02-582 (Hart, J.), affirmed February 26, 2003. [HTML, WP5.1]

Bishop v. ACKR, Inc., CA 02-565 (Hart, J.), affirmed in part; reversed in part and remanded February 26, 2003. [HTML, WP5.1]

Corbit v. State, CA CR 02-750 (Vaught, J.), affirmed February 26, 2003. [HTML, WP5.1]

Enkoff v. State, CA CR 02-491 (Robbins, J.), affirmed February 26, 2003. [HTML, WP5.1]

Gentry v. Kanna, CA 02-620 (Baker, J.), affirmed February 26, 2003. [HTML, WP5.1]

Hubbell v. Hubbell, CA 02-590 (Neal, J.), affirmed February 26, 2003. [HTML, WP5.1]

Mills v. State, CA CR 02-651 (Stroud, C.J.), affirmed February 26, 2003. [HTML, WP5.1]

Porch v. State, CA CR 02-496 (Gladwin, J.), affirmed February 26, 2003. [HTML, WP5.1]

Watkins v. State, CA CR 02-667 (Neal, J.), affirmed February 26, 2003. [HTML, WP5.1]

Barnes v. Director of Labor, E 02-318, February 26, 2003.

Flowers v. Director of Labor, E 02-317, February 26, 2003.

Gardner v. Director of Labor, E 02-320, February 26, 2003.

Henthorne v. Director of Labor, E 02-308, February 26, 2003.

Matthews, Inc. v. Director of Labor, E 02-315, February 26, 2003.

Norman v. Director of Labor, E 02-311, February 26, 2003.

Norris v. Director of Labor, E 02-314, February 26, 2003.

Rowland v. Director of Labor, E 02-307, February 26, 2003.

Sanner v. Director of Labor, E 02-310, February 26, 2003.

Washington v. Director of Labor, E 02-319, February 26, 2003.

Williams v. Director of Labor, E 02-321, February 26, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-651. Earl Ray Mills v. State of Arkansas, from Crawford Circuit. Affirmed. Neal and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-660. Sherman Waterproofing, Inc. and William H. Sherman v. Darragh Company, from Pulaski Circuit, Third Division. Dismissed. Neal and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA02-618. Randy Lee McQuay, Personal Representative of the Estate of Aubrey McQuay, Deceased v. Arkansas Blue Cross and Blue Shield and Healthcare Insurance of Arkansas, Inc., from Craighead Circuit. Reversed and Remanded. Neal, J., agrees. Vaught, J., concurs. (9 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-582. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-565. Byron J. Bishop v. ACKR, Inc., from Jefferson Circuit. Affirmed in Part; Reversed in Part and Remanded. Pittman and Gladwin, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-496. Marlon Porch and Michael Westbrook v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-621. Ann Stouffer v. Kralicek Realty Company, from Sebastian Circuit. Dismissed. Pittman, J., agrees. Hart, J., concurs. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-491. Joseph Enkoff and Shawna Lou Day v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-548. Virginia Dovers v. Stephenson Oil Company, Inc. and William Guffey, from Pulaski Circuit, Second Division. Reversed and Remanded. Bird and Griffen, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

CA02-588. Lehman Properties, Limited Partnership v. BB&B Construction Company, Inc., from Garland Circuit. Affirmed in Part; Reversed in Part and Remanded. Bird and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-667. Ky'ron Watkins v. State of Arkansas, from Hot Spring Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-590. John David Hubbell v. Koletta Eileen Hubbell, from Carroll Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-750. Tommy G. Corbit v. State of Arkansas, from White Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-583. Howard W. Curry and Linda Curry v. William S. Thornsberry and Delores Thornsberry, from Pope Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA02-620. Steve Gentry v. Mitchell Kanna, from Polk Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (4 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).

E02-307. 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.

E02-314. 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.

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Motion of Frank B. Newell for attorney's fees is granted. Allowed $750.00.

CACR01-862. Eric Esquibel v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $700.00.

CACR01-879. James Greg Tillery and Patsy Tillery v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees is granted. Allowed $750.00.

CACR01-1288. Mack Jordan v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $750.00.

CACR02-31. Patrick Eugene Allen v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-57. Undra Monta Singleton v. State of Arkansas, from Ashley Circuit. Motion of Thomas B. Wilson for attorney's fees is granted. Allowed $750.00.

CACR02-110. Roderick White v. State of Arkansas, from Howard Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $750.00.

CACR02-138. Ricky Wright v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

CACR02-176. Clyde Wallace v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

CACR02-270. Steven L. Sawyer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Charles M. Duell for attorney's fees is granted. Allowed $750.00.

CACR02-320. James Earl Green v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $750.00.

CACR02-376. Harold Troup v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $850.00.

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

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

CACR02-767. William Andrew Arnett v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time is granted. Final extension. Gladwin, Griffen, and Crabtree, JJ., would deny.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion to proceed pro se on appeal is denied. Pro se reply brief treated as additional pro se points on 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 is denied. See Supreme Court Rule 4-3 (j)(2).

CACR02-1025. Gary Green v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would deny.

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

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

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

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 is granted.

CA02-515. James Douglas Dunham v. Kathleen Louise Dunham et al., from Washington Circuit. Appellant's motion for amended brief is remanded to trial court to settle record within thirty days.

CA02-1281. Kimble Turner v. Linda Davenport Turner, from Pope Circuit. Appellant's motion to proceed and give judgment on appellant's brief is denied. See Supreme Court Rule 4-5.

CA03-46. Bio-Tech Pharmacal, Inc. v. International Business Connections, LLC, from Washington Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due in sixty days.

PETITIONS FOR REHEARING:

CACR02-489. Jennifer Dyroff v. State of Arkansas, from Benton Circuit.

CA01-1189 and CA01-1192. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit.

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CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion to file belated points for reversal.

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time.

CACR03-9. James and Donna Cummings v. State of Arkansas, from Logan Circuit, Southern District. Appellants' motion regarding abstracting of exhibits.

CACR03-35. Christopher Jackson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and for brief time.

CA02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

CA02-1330. Harold McDonald et al. v. Reliant Energy Gas Transmission Company, from Union Circuit. Appellants' motion to supplement the record.

CA02-1367. South Beach Beverage Company, Inc. et al. v. Harris Brands, Inc., from Washington Circuit. Appellee's motion for release of transcript.

E03-59. Sheila M. Tuttle v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CACR02-169. Jerry Hawkins v. State of Arkansas, from Hempstead Circuit.

CACR02-397. Winfred Javaar Lawrence v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-424. Curtis Brown v. State of Arkansas, from Nevada Circuit.

CACR02-472. Shannon Ray v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR02-574. Floyd Campbell v. State of Arkansas, from Hempstead Circuit.

CACR02-672. Fred Minor, Jr. v. State of Arkansas, from Jefferson Circuit.

CACR02-700. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit.

CACR02-726. Charles Lovell v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR02-761. Jack Jay Peterson, Jr. v. State of Arkansas, from Washington Circuit.

CA02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA02-365. Arkansas Department of Human Services v. Merle Haen, from Craighead Circuit, Western District.

CA02-439. The Estate of Daisy Byrd v. Lohnes Tommy Tiner, from Jackson Circuit.

CA02-577. Allstate Insurance Company v. James Antoon et ux., from Union Circuit.

CA02-585. Jennifer Burt v. Arkansas Department of Human Services et al., from Pulaski Circuit, Tenth Division.

CA02-679. Justice Furniture, Inc. v. Brenda Cameron, from Jackson Circuit.

CA02-685. Mary Dawn May Carver v. Paul Jared May, from Sebastian Circuit, Greenwood District.

CA02-716. Maverick Tube Corporation v. Angela M. Winters, from Workers' Compensation Commission.

CA02-718. Mary B. Abels et al. v. Cleo Copelin et al., from Polk Circuit.

CA02-722. Amanda Beatrice Lyman et al. v. Tracey E. Ivy, from Washington Circuit.

CA02-766. Reynolds Termite & Pest Control, Inc. v. Michael Brady et ux., from Benton Circuit.

CA02-818. AutoZone, Inc. et al. v. Beth A. Biles, from Workers' Compensation Commission.

CA02-986. McKee Foods Corporation et al. v. Claudine Christie, from Workers' Compensation Commission.