Carver v. May (Baker, J.) CA02-685

Parent & child -- Modification of custody affirmed; appellant's interference with visitation was so extreme that best interest of children required that they be removed from situation. [HTML, WP5.1]

McCree v. Walker (Crabtree, J.) CA02-398

Ecclesiastical matters -- Ministers; validity of church meeting upheld; case affirmed. [HTML, WP5.1]

McGhee v. Witcher (Pittman, J.) CA02-546

Contracts -- Trial court erred in finding that appellee waived their right to rely on bill of assurance by failing to immediately file suit; appellants continuously & actively opposed operation on other grounds that were consonant with bill of assurance; reversed & remanded. [HTML, WP5.1]

Metropolitan Nat'l Bank v. La Sher Oil Co. (Griffen, J.) CA02-673

Business & commercial law -- Identifiable proceeds; intermediate-balance rule; erroneous burden of proof placed on appellant; reversed & remanded. [HTML, WP5.1]

Rossini v. Director (Crabtree, J.) E02-166

Unemployment compensation -- Board's decision supported by substantial evidence; appellant was discharges for misconduct in connection with work. [HTML, WP5.1]

Sisk v. State (Griffen, J.) CACR02-649

Criminal law -- Revocation of suspended sentence; trial court did not err in concluding that appellant inexcusably violated one of his probation conditions; resentenced probation properly revoked. [HTML, WP5.1]

Snyder v. Director (Bird, J.) E02-254

Unemployment compensation -- Employee misconduct; reasonable minds could conclude that appellant intentionally falsified employer's records to conceal fact that he had performed certain work; Board of Review's decision affirmed. [HTML, WP5.1]

Trotter v. Bowden (Pittman, J.) CA02-663

Automobiles -- Children near road not held to same standard of care; substantial evidence introduced at trial; trial court erred in directing verdict. [HTML, WP5.1]

Baird v. State, CA CR 02-757 (Vaught, J.), rebriefing ordered March 19, 2003. [HTML, WP5.1]

Bowman v. State, CA CR 02-571 (Crabtree, J.), affirmed March 19, 2003. [HTML, WP5.1]

Brewer v. State, CA 02-931 (Neal, J.), affirmed March 19, 2003. [HTML, WP5.1]

Craig v. Coffman, CA 02-894 (Stroud, C.J.), affirmed March 19, 2003. [HTML, WP5.1]

Emmett v. State, CA CR 02-510 (Hart, J.), reversed and dismissed March 19, 2003. [HTML, WP5.1]

Hall v. Hall, CA 02-102 (Baker, J.), affirmed on direct appeal; affirmed on cross-appeal March 19, 2003. [HTML, WP5.1]

J. C. v. State, CA 02-430 (Pittman, J.), affirmed March 19, 2003. [HTML, WP5.1]

Johnson v. State, CA CR 02-388 (Hart, J.), reversed and dismissed March 19, 2003. [HTML, WP5.1]

Lewis v. State, CA CR 02-303 (Hart, J.), affirmed March 19, 2003. [HTML, WP5.1]

Minor v. State, CA CR 02-672 (Bird, J.), reversed and remanded March 19, 2003. [HTML, WP5.1]

Mitchell v. State, CA CR 01-600 (Robbins, J.), reversed and remanded March 19, 2003. [HTML, WP5.1]

Montgomery v. State, CA CR 02-664 (Bird, J.), affirmed March 19, 2003. [HTML, WP5.1]

Rheem Mfg. Co. v. Thomas, CA 02-968 (Vaught, J.), affirmed March 19, 2003. [HTML, WP5.1]

Robbins v. Arkansas Dep't of Human Servs., CA 02-690 (Bird, J.), affirmed March 19, 2003. [HTML, WP5.1]

Roberts v. State, CA 02-742 (Stroud, C.J.), affirmed March 19, 2003. [HTML, WP5.1]

Stephens Prod. Co. v. Holland, CA 02-792 (Baker, J.), affirmed March 19, 2003. [HTML, WP5.1]

White v. State, CA CR 02-576 (Griffen, J.), affirmed in part; reversed in part March 19, 2003. [HTML, WP5.1]

Williams v. Williams, CA 02-595 (Gladwin, J.), affirmed March 19, 2003. [HTML, WP5.1]

Wimberly v. State, CA CR 02-883 (Baker, J.), affirmed March 19, 2003. [HTML, WP5.1]

Betts v. Director of Labor, E 02-344, March 19, 2003.

Boyd v. Director of Labor, E 02-340, March 19, 2003.

Campbell v. Director of Labor, E 02-333, March 19, 2003.

Course v. Director of Labor, E 02-351, March 19, 2003.

Faucon Properties v. Director of Labor, E 02-343, March 19, 2003.

Jenkins v. Director of Labor, E 02-354, March 19, 2003.

Jones v. Director of Labor, E 02-345, March 19, 2003.

Misenheimer v. Director of Labor, E 02-352, March 19, 2003.

Norris v. Director of Labor, E 02-339, March 19, 2003.

Perez v. Director of Labor, E 02-349, March 19, 2003.

Scott v. Director of Labor, E 02-350, March 19, 2003.

Sutterfield v. Director of Labor, E 02-341, March 19, 2003.

Whitmore v. Director of Labor, E 02-353, March 19, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA02-742. Wesley L. Roberts v. State of Arkansas, from Fulton Circuit. Affirmed. Griffen and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-894. Bob James Craig v. Jessica Barajas Coffman, from Benton Circuit. Affirmed. Roaf, J., agrees. Griffen, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA02-430. J. C. v. State of Arkansas, from Ashley Circuit. Affirmed. Hart and Gladwin, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-546. Mark McGhee et ux. v. Jim Witcher et ux., from Pulaski Circuit, Thirteenth Division. Reversed and Remanded. Robbins and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-663. Dana Trotter et al. v. Robin Bowden, from Jefferson Circuit. Reversed and Remanded. Robbins and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-303. Edward Lewis, Jr. v. State of Arkansas, from Craighead Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-388. Laurie Ann Johnson v. State of Arkansas, from Benton Circuit. Reversed and Dismissed. Stroud, C.J., and Griffen, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-510. Rocky Emmett v. State of Arkansas, from Benton Circuit. Reversed and Dismissed. Stroud, C.J., and Griffen, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA02-595. John Sharp Williams v. Judith Williams, from Pulaski Circuit. Affirmed. Neal and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Reversed and Remanded. Pittman and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-664. Michael Montgomery v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-672. Fred Minor, Jr. v. State of Arkansas, from Jefferson Circuit. Reversed and Remanded. Robbins and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-690. Howard Robbins and Natosha Robbins v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Affirmed. Hart and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-254. Danny K. Snyder v. Director, Employment Security Department and Eaton Aeroquip, Inc., from Board of Review. Affirmed. Pittman, Vaught, and Crabtree, JJ., agree. Griffen, J., concurs. Stroud, C.J., Hart, Robbins, and Baker, JJ., dissent. (6 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-576. Jimmy Ray White v. State of Arkansas, from Montgomery Circuit. Affirmed in Part; Reversed in Part. Stroud, C.J., and Hart, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-649. Jacob Sisk v. State of Arkansas, from Crawford Circuit. Affirmed. Robbins and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-673. Metropolitan National Bank v. La Sher Oil Company, from Pulaski Circuit. Reversed and Remanded. Robbins and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-931. Otis Brewer, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-757. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit. Rebriefing Ordered. Pittman and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-968. Rheem Manufacturing Company; Old Republic Insurance Company; and Wausau Insurance Company v. Jerry Thomas, from Workers' Compensation Commission. Affirmed. Pittman and Robbins, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-571. Betty Faye Bowman v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-398. Robert McCree v. Shirley Walker et al., from Ouachita Circuit. Affirmed. Hart and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

E02-166. Gena C. Rossini v. Director, Employment Security Department and Arkansas Democrat-Gazette, from Board of Review. Affirmed. Pittman, Gladwin, and Bird, JJ., agree. Hart and Roaf, JJ., dissent. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-883. Terrell Wimberly v. State of Arkansas, from Ashley Circuit. Affirmed. Gladwin and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-102. Michael E. Hall v. Caroline I. Hall, from Pulaski Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Gladwin and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-685. Mary Dawn May Carver v. Paul Jared May, from Sebastian Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA02-792. Stephens Production Company v. Reuel S. Holland, Lewel Holland and Franklin Holland, from Sebastian Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

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

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.

PER CURIAM ORDERS

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

CA02-207. Mary Remington v. John T. Roberson, from Lonoke Probate.

CA02-517. Herbert Marshall v. Madison County, from Workers' Compensation Commission.

CA02-609. Doris Reilly v. Clayton Homes, from Workers' Compensation Commission.

CA02-659. Katrina Skelton v. Washington Regional Medical Center, from Workers' Compensation Commission.

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CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to relieve counsel and motion to require counsel to provide copy of transcript is denied.

CACR02-692. Jason Todd Phipps v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted.

CACR02-1001. Glenn E. George v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time is granted.

CACR02-1012. Johnny Mann v. State of Arkansas, from Ashley Circuit. Appellant's motion for additional brief time is granted.

CACR02-1224. Paul Henry Pennebaker and Jeremy Bearden v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal is denied.

CACR02-1224. Paul Henry Pennebaker and Jeremy Bearden v. State of Arkansas, from Conway Circuit. Appellant's motion to file belated brief and for brief time is granted.

CACR03-51. Melchizedek Shabazz v. State of Arkansas, from Nevada Circuit. Motion of Brian Trubitt to be substituted as counsel for appellant is granted.

CA02-1074. Anthony Nesterenko, D.C. v. Arkansas Board of Chiropractic Examiners, from Pulaski Circuit, Seventh Division. Appellee's motion to supplement the record and for brief time. Remanded to the trial court to settle the record within thirty days. Appellant's amended brief, if any, due thirty days thereafter.

CA02-1311. E-Ton Dynamics Industrial Corporation v. Michie Hall, from Greene Circuit. Appellant's motion for extension of time to file supplemental record is granted. Griffen, J., not participating.

CA02-1348. Lawhon Farm Services, Inc. v. Robert L. Mason, from Workers' Compensation Commission. Appellant's motion to file belated reply brief is granted. Reply brief to be filed within fifteen days.

CA03-24. Clifford Allen v. Muriel Allison et al., from Crittenden Circuit. Appellant's motion to correct the record and for brief time is granted.

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

E03-60. Deborah Ann Bunch v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied. Vaught and Baker, JJ., would grant.

SUBMISSIONS

CA02-212. Diane Harrison v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Argued orally.

CA02-670. Lisa K. Davis v. Ann M. Taylor, from Sebastian Circuit, Fort Smith District. Argued orally.

CACR02-47. Clyde Matthew Folkes v. State of Arkansas, from Crittenden Circuit.

CACR02-522. Colin Patrick Shropshire v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-627. Latricia D. Polk v. State of Arkansas, from Ashley Circuit.

CACR02-777. Jana Shaban v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-814. Luther Hendrickson v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR02-825. DeLarron Keith Washington v. State of Arkansas, from Ouachita Circuit.

CACR02-836. Horace Howerton v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-1015. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-1069. Larry Wilson v. State of Arkansas, from Izard Circuit.

CA02-309. Cindy L. Mullen v. Nettleton Public Schools, from Workers' Compensation Commission.

CA02-566. Wendell H. Nicholson et ux. v. Marshal Rae Bowers, from Pulaski Circuit, Thirteenth Division.

CA02-666. B.J.M. v. R.L.M., from Pulaski Circuit, Seventeenth Division.

CA02-733. Tony Quinn v. Arkansas Contractors Licensing Board, from Phillips Circuit.

CA02-790. Mark Epting v. Precision Paint & Glass, Inc., from Jackson Circuit.

CA02-806. Tamala Foote et al. v. Pine Bluff School District et al., from Jefferson Circuit.

CA02-821. Freddie Tygart v. Charles Wayne Kohler, from Logan Circuit, Southern District.

CA02-833. Robert Davis v. The Estate of Raymond Davis, Deceased, from Scott Circuit.

CA02-839. Mercantile Bank of Arkansas v. John G. Vowell, from Pulaski Circuit, Fifth Division.

CA02-855. Arkansas Appraiser Licensing and Certification Board v. Christopher B. Maris, from Pulaski Circuit, Second Division.

CA02-941. Howard Rex Johnson v. Moses Cotton, from Pulaski Circuit, Twelfth Division.

CA02-1088. Harbour Distributing Company v. Joseph Caldarera, from Workers' Compensation Commission.

E02-143. Jacqueline Ashley v. Director et al., from Arkansas Board of Review.