Longview Prod. Co. v. Dubberly (Per Curiam) 03-156

Courts -- Certification; accepted as reformulated. [HTML, WP5.1]

City of Dover v. City of Russellville (Hannah, J.) 02-308

Elections -- Annexation contest; appellant municipal corporation had power to sue to protect property rights; any property owner affected by annexation could sue & so trial court erred in granting motion to dismiss. [HTML, WP5.1]

Coca-Cola Bottling Co. v. Gill (Brown, J.) 01-768

Negligence -- Foreseeability; fact that appellee & public would be harmed if trailer was not properly grounded was foreseeable risk; circuit court did not abuse discretion in denying appellant right to use allegations made against trailer manufacturer; expert witness's knowledge & experience were sufficient to satisfy test under Ark. R. Evid. 702. [HTML, WP5.1]

Dodge v. Lee (Corbin, J.) 02-521

Civil procedure -- Liberal construction of pleadings; reversed & remanded as to three appellants where counterclaims were stricken merely because they were styled as cross-complaints. [HTML, WP5.1]

First Nat'l Bank v. Cruthis (Thornton, J.) 02-610

Civil procedure -- Claims inextricably tied to same transaction; "logical relationship" existed between claims, financing, & liquidation of farming operation; claim should have been filed as compulsory counterclaim in same county as original complaint; claims should have been dismissed by trial court. [HTML, WP5.1]

Johnson v. State (Per Curiam) CR03-170

Attorney & client -- Petition to withdraw granted; substituted counsel appointed. [HTML, WP5.1]

Searcy v. Davenport (Hannah, J.) 02-729

Appeal & error -- Issues of trial error should have been raised on appeal from action to quiet title; res judicata precluded appellant's attempt to again raise claim of fraud; motion to recuse properly denied. [HTML, WP5.1]

Utley v. City of Dover (Arnold, C.J.) 02-243

Municipal corporations -- Annexation; testimony by two witnesses that their property was not "held to be sold as suburban property" did not prohibit finding by trial court that other properties in area to be annexed met criteria; property need only meet one of five criteria; trial court found annexation was needed for proper municipal purposes; land found valuable by reason of its adaptability for prospective municipal uses; disqualification of appellee's counsel; appellant failed to provide any legitimate basis for disqualification. [HTML, WP5.1]

Zangerl v. State (Brown, J.) CR02-1296

Criminal procedure -- Speedy trial; date on which briefs were due is operative date; State failed to meet burden of showing seventy days at issue were chargeable to appellant. [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure; Rules of Appellate Procedure--Civil; and Administrative Orders (Per Curiam) [HTML, WP5.1]

Conley v. State, CR 02-779 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot March 13, 2003. [HTML, WP5.1]

Cook v. State, CR 02-140 (Per Curiam), affirmed March 13, 2003. [HTML, WP5.1]

Flowers v. State, CR 02-1359 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied March 13, 2003. [HTML, WP5.1]

Gipson v. State, CR 03-44 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied; Pro Se Motion for Expedited Consideration of Motion moot March 13, 2003. [HTML, WP5.1]

Stinnett v. State, CR 02-643 (Per Curiam), affirmed March 13, 2003. [HTML, WP5.1]

Whitfield v. State, CR 02-1389 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied March 13, 2003. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

02-243. Dan Utley v. The City of Dover, Arkansas, from Pope Circuit. Affirmed. (22 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

02-521. John Dodge, Jim Bolt, Dr. Tim Brooker, and Francis J. Hart v. Andy Lee and Nelson Erdmann, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR02-1296. Rudolph Zangerl, III v. State of Arkansas, from Arkansas Circuit, Northern District. Reversed and Dismissed. Glaze, Corbin, and Hannah, JJ., dissent. (11 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-768. The Coca-Cola Bottling Company of Memphis, Tennessee, d/b/a Coca-Cola Bottling Company of Arkansas v. Fred and Retta Gill, from Dallas Circuit. Affirmed. Corbin, Thornton, and Hannah, JJ., dissent. (27 PAGES + 17-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-610. First National Bank of DeWitt v. William Claude "Bill" Cruthis, Jr., and Terry Cruthis, d/b/a Cruthis Brothers, from Monroe Circuit. Reversed and Dismissed. (7 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

02-308. City of Dover v. City of Russellville, from Pope Circuit. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

02-729. John E. Searcy, III v. Emmett Davenport, Neill Reed, Stephen E. Whitwell, and Hurley Whitwell Realty Co., Inc., from Van Buren Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-140. Keyono Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-643. Patrick Stinnett v. State of Arkansas, from Crittenden Circuit. Affirmed. Corbin, J., not participating. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

02-462. Donna Garland Summers v. Richard David Garland, from Pope Circuit.

02-492. Gene McWhorter v. Bernice McWhorter, from Phillips Circuit.

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REVIEW DENIED: Petition for review was denied today in the following case.

CR03-145. Richard L. Cheshire v. State of Arkansas, from Polk Circuit.

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CR03-170. Carl Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw granted; briefing schedule to be established. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR02-622. Brian Winston v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record and for brief time is granted. Writ issued; returnable within 30 days.

02-462. Donna Garland Summers v. Richard David Garland, from Pope Circuit. Petition to recall decision is denied.

02-1332. Benjamin F. Lackey, Jr. v. Dana Bramblett, from Faulkner Circuit. Appellant's motion for stay pending appeal is denied.

02-1354. Jordan Blair v. State of Arkansas, from Crawford Circuit. Motion for reconsideration is denied.

03-156. Longview Production Company v. Dub Dubberly et al., an Original Action. Request to certify a question of law from the United States District Court for the Western District of Louisiana. Notice of acceptance of certified question of law. (See per curiam issued March 10, 2003). Corbin, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

03-194. Valerie Gipson v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk is denied.

CR02-779. Everett C. Conley v. State of Arkansas, from Independence Circuit. Pro se motion for extension of time to file brief. Motion moot. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-1359. Anthony Ray Flowers v. State of Arkansas, from Hempstead Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1389. Charles Whitfield v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-44. Danny Joe Gipson v. State of Arkansas, from Crawford Circuit. Pro se motion for belated appeal of order and motion for expedited consideration of motion. Motion for belated appeal denied; motion for expedited consideration moot. See per curiam this date. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure; Rules of Appellate Procedure--Civil; and Administrative Orders. See per curiam this date. (18 PAGES PUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

CR01-95. Raymond C. Sanders, Jr. v. State of Arkansas, from Grant Circuit.

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PETITIONS FOR REVIEW:

CR03-185. Steven Ray Brunk, Jr. v. State of Arkansas, from Crawford Circuit.

03-171. Thomas F. Randles et ux. v. Billy Eugene Cole et ux., from Benton Circuit.

03-184. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Circuit.

03-188. Tyrone Terrell v. Arkansas Trucking Service et al., from Workers' Compensation Commission.

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CR02-161. David Alan Anderson v. State of Arkansas, from Greene Circuit. Motion for extension of time to file reply brief and settle the record.

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Petition for writ of certiorari to complete the record and to stay brief time.

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Pro se petition for writ of certiorari to complete the record and to stay brief time.

CR03-220. Brian White v. Honorable Berlin C. Jones, Judge, from Jefferson Circuit. Petition for temporary and permanent writs of prohibition.

01-836. Lake View School District No. 25 et al. v. Mike Huckabee, Governor of the State of Arkansas et al., from Pulaski Chancery, Second Division. State defendants' supplemental motion for award of costs against Lake View and its counsel.

01-1318 and 01-1008. U.S. Bank, N.A. v. Wilma Milburn, from Greene Circuit. Appellant's response to order to show cause.

02-876. Wal-Mart Stores, Inc. et al. v. Vivian Tucker, from Sevier Circuit. Appellants' motion for reconsideration of request for oral argument.

03-214. Lamar Neill v. Nationwide Mutual Fire Insurance Co., from Logan Circuit, Northern District. Appellant's motion for extension of time to file response.

02-189. Advocat, Inc. et al. v. Lon C. Sauer, from Polk Circuit. Argued orally.

CR01-1131. Randy L. Anderson v. State of Arkansas, from Chicot Circuit.

CR02-452. Kenneth Harness v. State of Arkansas, from Crawford Circuit.

CR02-611. Roberto Benavidez v. State of Arkansas, from Pulaski Circuit, Fifth Division.

02-822. Robert R. Cortinez, Sr. v. Arkansas Supreme Court Committee on Professional Conduct, from Arkansas Supreme Court Committee on Professional Conduct.

02-990. Ruby Murphy et al. v. City of West Memphis et al., from Crittenden Circuit.