Cloud v. Regions Invest. Co. (Gladwin, J.) CA 02-647

Civil procedure -- Motion to vacate arbitration award; cause of action not commenced where appellants failed to serve summons within 120 days & ninety-day deadline for filing suit expired; savings statute not available to appellants. [HTML, WP5.1]

Crenshaw v. Doubletree Corp. (Roaf, J.) CA 02-490

Carriers -- Private carriers; no genuine issue of material fact as to whether appellee breached duty of ordinary care; no duty on appellee's part to assist & no breach of duty of ordinary care; common carriers; no duty to personally assist passenger boarding or alighting from vehicle. [HTML, WP5.1]

Gause v. Shelter Gen. Ins. Co. (Robbins, J.) CA 02-616

Insurance -- Set-off of one payment under policy against another payment under same policy prohibited; trial court erred in allowing evidence of medical payments & in failing to instruct jury to consider medical expenses as measure of damages; reversed & remanded. [HTML, WP5.1]

Graves v. Stevison (Bird, J.) CA02-600

Motions -- Reliance on Ark. R. Civ. P. 60 misplaced; Ark. R. Civ. P. 55 is exclusive basis for setting aside default judgements; extrinsic fraud not established; motion to abate child-support obligation properly denied. [HTML, WP5.1]

Rutherford v. Rutherford (Hart, J.) CA 02-551

Divorce -- Court properly exercised discretion; trial court's refusal to enforce settlement agreement not clearly erroneous. [HTML, WP5.1]

Williams v. Director (Bird, J.) E 02-313

Unemployment compensation -- Appellant made reasonable efforts to preserve her job rights; Board's finding reversed & remanded. [HTML, WP5.1]

Adams v. Wacaster Oil Co., Inc. (Roaf, J.) CA02-199

Business & commercial law -- Statutory notice-of-breach requirement; trial court did not err in granting summary judgment & in dismissing appellants' complaint based on failure to give notice of "any breach." [HTML, WP5.1]

Bowles v. Southwestern Bell Tel., CA 02-357 (Gladwin, J.), affirmed March 5, 2003. [HTML, WP5.1]

Cousins v. State, CA CR 02-586 (Robbins, J.), affirmed March 5, 2003. [HTML, WP5.1]

Danner v. Paul, CA 02-617 (Crabtree, J.), affirmed March 5, 2003. [HTML, WP5.1]

Fox v. Arkansas Dep't of Human Servs., CA 02-488 (Stroud, C.J.), affirmed March 5, 2003. [HTML, WP5.1]

Gipson v. State, CA CR 02-304 (Baker, J.), affirmed March 5, 2003. [HTML, WP5.1]

Hickey v. State, CA CR 02-520 (Bird, J.), affirmed March 5, 2003. [HTML, WP5.1]

Lainhart v. Diamante, CA 02-538 (Hart, J.), affirmed March 5, 2003. [HTML, WP5.1]

Peel v. State, CA CR 02-291 (Crabtree, J.), affirmed March 5, 2003. [HTML, WP5.1]

Rodriguez v. State, CA CR 01-1297 (Vaught, J.), affirmed March 5, 2003. [HTML, WP5.1]

Scott v. Director, E 02-173 (Neal, J.), affirmed March 5, 2003. [HTML, WP5.1]

Tew v. Arkansas Dep't of Human Servs., CA 01-1034 (Bird, J.), affirmed March 5, 2003. [HTML, WP5.1]

Thomas v. Marked Tree Bank, CA 02-642 (Vaught, J.), affirmed March 5, 2003. [HTML, WP5.1]

Tolbert v. State, CA CR 02-315 (Roaf, J.), affirmed March 5, 2003. [HTML, WP5.1]

Tucker v. State, CA CR 02-629 (Bird, J.), affirmed March 5, 2003. [HTML, WP5.1]

Boggs v. Director of Labor, E 02-334, March 5, 2003.

Gilliam v. Director of Labor, E 02-325, March 5, 2003.

Gulley v. Director of Labor, E 02-336, March 5, 2003.

Jackson v. Director of Labor, E 02-337, March 5, 2003.

Kenney v. Director of Labor, E 02-330, March 5, 2003.

McGowan v. Director of Labor, E 02-327, March 5, 2003.

Mock v. Director of Labor, E 02-332, March 5, 2003.

Nathan v. Director of Labor, E 02-328, March 5, 2003.

Oaklawn Packaging, Inc. v. Director of Labor, E 02-326, March 5, 2003.

Pena v. Director of Labor, E 02-323, March 5, 2003.

Seawood v. Director of Labor, E 02-338, March 5, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA02-488. Manley Fox v. Arkansas Department of Human Services, from Independence Circuit. Affirmed. Neal and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA02-538. D. W. Lainhart v. Diamante, L.L.C. and Cooper Communities, Inc., from Saline Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-551. Martha Ann Rutherford v. Donald R. Rutherford, from Lawrence Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA02-357. Allen Bowles v. Southwestern Bell Telephone and Helmsman Management, from Workers' Compensation Commission. Affirmed. Pittman, J., agrees. Hart, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-647. John Cloud and Yvonne Cloud v. Regions Investments Company, Inc., from Clark Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-586. Carl Wade Cousins v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-616. Brenda Gause v. Shelter General Insurance Company, from Mississippi Circuit, Osceola District. Reversed and Remanded. Bird and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-520. David Lee Hickey v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-629. Richard Scott Tucker v. State of Arkansas, from Yell Circuit, Northern District. Affirmed. Robbins and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1034. Kristy Tew and Robert Tew v. Arkansas Department of Human Services, from Faulkner Chancery. Affirmed. Robbins and Griffen, JJ., agree. (21 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-600. Jerome Graves v. Loran Graves Stevison, from Crittenden Circuit. Affirmed. Robbins, J., agrees. Griffen, J., concurs. (6 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

E02-313. Allean Williams v. Director, Employment Security Department and Conagra, from Board of Review. Reversed and Remanded. Robbins and Griffen, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

E02-173. George W. Scott, Jr. v. Director, Employment Security Department and Yale Hoist, from Board of Review. Affirmed. Stroud, C.J., and Vaught, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1297. Everth Rodriguez v. State of Arkansas, from Jefferson Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-642. A. Jan Thomas, Jr., U.S. Bankruptcy Trustee of the Bankruptcy Estate of Toby Walker and Loretta Walker v. Marked Tree Bank and E. Ritter & Company, from Poinsett Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-291. Robert Peel v. State of Arkansas, from Craighead Circuit. Affirmed. Baker and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-617. Kenneth Danner v. Billy Paul and Louise Bullock, from Arkansas Circuit. Affirmed. Baker and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-304. Barbara Gipson v. State of Arkansas, from Sebastian Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-315. Emanuel Q. Tolbert v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (16 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-490. Ken Crenshaw and Barbara Crenshaw v. Doubletree Corporation et al., from Pulaski Circuit, Fifth Division. Affirmed. Gladwin and Neal, JJ., agree. (8 PAGES 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).

E02-323. 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.

E02-334. 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.

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

CA02-199. Herb Adams et al. v. Wacaster Oil Company, Inc., from Garland Circuit. See substituted opinion this date. Neal and Vaught, JJ., would deny. (6 PAGES + 2-PAGE DISSENT PUBLISHED [HTML, WP5.1])

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PETITIONS FOR REHEARING: Petitions for Rehearing were denied today in the following cases.

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

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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CACR01-1430. Terry Dixon-Bey v. State of Arkansas, from Faulkner Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $750.00.

CACR02-187. Lacy Lee Sutton v. State of Arkansas, from Garland Circuit. Motion of Daniel Becker for attorney's fees is granted. Allowed $750.00.

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 is denied. Hart, Griffen, and Roaf, JJ., would grant.

CACR02-285. James Greg Tillery v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees is granted. Allowed $700.00.

CACR02-325. William Keith McDaniel v. State of Arkansas, from Cross Circuit. Motion of Ray Waters for attorney's fees is granted. Allowed $750.00.

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

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

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

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 is granted.

CACR03-35. Christopher Jackson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and for brief time is granted. Record to be supplemented within thirty days. Brief due thirty days thereafter.

CA02-559. Second Injury Fund v. Edmond P. Lewis, from Workers' Compensation Commission. Appellee's motion for attorney's fees is denied. See Furman v. Second Injury Fund, 336 Ark. 10, 983 S.W.2d 923 (1999) and Act 1281 of 2001, Section 5. Griffen, J., would grant.

CA02-642. A. Jan Thomas, Jr., U.S. Bankruptcy Trustee et al. v. Marked Tree Bank and E. Ritter & Company, from Poinsett Circuit. Motion of appellee, E. Ritter & Company, for costs is granted. See opinion this date.

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

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

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

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

PETITIONS FOR REHEARING:

CACR02-229. John Ransom v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA02-480. Marqueta Miller v. The Kroger Company and Lisa Baker, from Faulkner Circuit.

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CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit. Appellant's motion to file belated brief and for brief time.

CACR02-1176. George Aydelotte v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison to withdraw as counsel for appellant.

CACR03-54. Gwendolyn Rikard v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to consolidate this appeal with CACR03-59, for change of attorney and for brief time.

CA02-1383. Christina Harris v. Kerry Ozment, M.D., from Saline Circuit. Appellant's motion to file belated brief and for brief time.

CA03-41. Lakesha Hall v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Appellant's motion to file belated brief and for brief time.

CA03-152. Robert Samuel Moore v. M. Elaine Moore et al., from Pope Circuit. Appellant's motion for additional brief time.

CA03-191. James J. Kelly v. June Morrison, Special Administratrix, from Pulaski Circuit, Seventeenth Division. Appellant's pro se motion for supersedeas.

CACR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR01-1249. Obdulio M. Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR02-303. Edward Lewis, Jr. v. State of Arkansas, from Craighead Circuit, Western District.

CACR02-523. Curtis O. Mitchell v. State of Arkansas, from Poinsett Circuit.

CACR02-571. Betty Faye Bowman v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-664. Michael Montgomery v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-686. Jesse Clifton v. State of Arkansas, from Montgomery Circuit.

CACR02-757. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit.

CACR02-883. Terrell Wimberly v. State of Arkansas, from Ashley Circuit.

CACR02-907. James S. McClellan v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA01-712. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit.

CA02-102. Michael Hall v. Caroline Hall, from Pulaski Circuit, Seventeenth Division.

CA02-398. Robert McCree v. Shirley Walker et al., from Ouachita Circuit.

CA02-537. Wayne McCarley et ux. v. Rachael Smith, from Polk Circuit.

CA02-556. David Vallaroutto d/b/a Albertson's Liquor v. Alcoholic Beverage Control Board et al., from Pulaski Circuit, Second Division.

CA02-595. John Sharp Williams V v. Judith Lynn Johnston Williams, from Pulaski Circuit, Seventeenth Division.

CA02-690. Howard Robbins et ux. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

CA02-693. Gary Van DeVeer v. RTJ, Inc., d/b/a George's Flowers, Inc., from Benton Circuit.

CA02-742. Wesley L. Roberts v. State of Arkansas, from Fulton Circuit.

CA02-801. Stephanie Doolan v. Lance Burton, from Union Circuit.

CA02-844. Troy Kevin Ratliff v. Cynthia Ratliff, from Pulaski Circuit, Seventeenth Division.

CA02-894. Bob James Craig v. Jessica Barajas Coffman, from Benton Circuit.

CA02-931. Otis Brewer, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA02-968. Rheem Manufacturing Company et al. v. Jerry Thomas, from Workers' Compensation Commission.

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

E02-339. Susan Norris v. Director et al.

E02-340. Donald R. Boyd v. Director et al.

E02-341. Ricky L. Sutterfield v. Director et al.

E02-343. Faucon Properties v. Director et al.

E02-344. Randy L. Betts v. Director et al.

E02-345. Dorothy A. Jones v. Director et al.

E02-349. Tennie Perez v. Director et al.

E02-350. Margaret Ann Scott v. Director et al.

E02-351. Kelly S. Course v. Director et al.

E02-352. Jessica S. Misenheimer v. Director et al.

E02-353. Louis M. Whitmore v. Director et al.

E02-354. Jereleane Jenkins v. Director et al.