Arkansas Dep't of Envtl. Quality v. Brighton Corp. (Glaze, J.) 02-321

Pleading -- Conclusions unsupported by facts; facts pled insufficient to survive Ark. R. Civ. P. 12 (b)(6) motion to dismiss; appellant's complaint bereft of necessary factual allegations; dismissal of appellant's complaint affirmed; "right" at issue belonged to public; statute of limitations did not bar action where exemption applied. [HTML, WP5.1]

Beulah v. State (Per Curiam) CR02-704

Criminal procedure -- Postconviction relief; not warranted where appellant's claims were not cognizable under Rule 37. [HTML, WP5.1]

Crooked Creek, III, Inc. v. City of Greenwood (Hannah, J.) 02-1136

Judgment -- Res judicata not applicable where action dismissed without prejudice & order was not adjudication merits; order not consent judgment where contention between parties was not concluded. [HTML, WP5.1]

Efurd v. State (Per Curiam) CR03-140

Motions -- Motion for belated appeal denied. [HTML, WP5.1]

Gray v. Gray (Brown, J.) 02-524

Divorce -- Valuing defined-contribution plan; proper method is by ascertaining total contributions; appellee's pension plan could be considered defined-contribution plan; decision to base award to appellant on appellee's contributions as opposed to present value of full pension benefits was not arbitrary; no abuse of discretion; pension plans differ from social security; circuit court had statutory authority to divide Civil Service Retirement Benefits. [HTML, WP5.1]

Holloway v. Arkansas State Bd. of Architects (Glaze, J.) 02-1096

Administrative law & procedure -- Person of ordinary intelligence could conclude that architects plan & design buildings primarily intended for people to live & work in; engineers plan & design buildings primarily intended for accommodation of equipment, vehicles, goods, or processes; statutes not void for vagueness; Board's decision contained sufficient findings of fact; Board's findings supported by substantial evidence; decision not unreasonable or arbitrary. [HTML, WP5.1]

McConnell v. State (Per Curiam) CR03-262

Motions -- Motion for rule on clerk treated as motion for belated appeal -- good cause for granting. [HTML, WP5.1]

Nooner v. State (Per Curiam) CR94-358

Motions -- Motion for copy of mandate at public expense denied. [HTML, WP5.1]

Berna v. Reed, 02-569 (Per Curiam), Pro Se Motions for General Rules denied April 3, 2003. [HTML, WP5.1]

Curtis v. Phillips, CR 02-1390 (Per Curiam), Pro Se Petition for Writ of Mandamus moot April 3, 2003. [HTML, WP5.1]

Gipson v. State, CA CR 01-408 (Per Curiam), Pro Se Motion for Transcript at Public Expense denied April 3, 2003. [HTML, WP5.1]

Hammon v. State, CR 00-1259 (Per Curiam), affirmed April 3, 2003. [HTML, WP5.1]

Oliver v. State, CR 02-823 (Per Curiam), Pro Se Motion to File Belated Reply Brief granted April 3, 2003. [HTML, WP5.1]

Wigley v. State, CR 02-1372 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Appeal of Post Conviction Order denied; Pro Se Motion for Declaratory Judgment and Petition for Writ of Certiorari moot April 3, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-321. Arkansas Department of Environmental Quality v. Brighton Corporation; Coltec Industries, Inc.; Entergy Arkansas, Inc.; First Electric Cooperative Corp.; Kamo Electric Cooperative, Inc.; Kuhlmen Corporation, On Behalf of Kulhman Electric Corporation; Magnetic Electric Company; Missouri Public Service; Pirelli Cable Corporation; Reed & McClain Electrical Works, Inc.; Reynolds Metals Company; San Angelo Electric Service Company; Southern Cotton Oil Co.; T&N Electric Company, Inc.; Texas Eastern Transmission Corporation, from Jefferson Circuit. Affirmed as Modified. Brown, Imber, and Hannah, JJ., dissent. (21 PAGES + 9-PAGE DISSENT + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-1096. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division. Court of Appeals Affirmed in Part and Reversed in Part; State Board of Architects Affirmed. Corbin, J., not participating. (18 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

02-524. Dan M. Gray v. Nancy Coleman Gray, from Sebastian Circuit, Fort Smith District. Affirmed. Corbin, J., dissents. (22 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

02-1136. Crooked Creek, III, Inc. and J.L. Clements Construction, Inc. v. City of Greenwood, EHP Corporation and Joe Siegmund, from Sebastian Circuit, Greenwood District. Trial Court Reversed and Remanded; Court of Appeals Affirmed. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR00-1259. Roger Allen Hammon v. State of Arkansas, from White Circuit. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-704. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Brown, J., dissents. Corbin, J., not participating. (3 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

02-717. Robbie R. Jones et al. v. Double "D" Properties, Inc. et al., from Sebastian Circuit, Fort Smith District.

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REVIEW GRANTED: Petition for review was granted today in the following case.

03-196. Jimmie Lee Barnett et al. v. Monumental General Insurance Co., from Van Buren Circuit.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

03-189. Chris L. Fritzinger v. Donald Beene et al., from Faulkner Circuit.

03-217. Arrow International, Inc. v. Misty Long Sparks, from Independence Circuit.

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CR03-140. Alisa D. Efurd v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion to file belated appeal dismissed. See per curiam this date. Brown and Hannah, JJ., dissent. (3 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR01-1170. Phillip Dewayne Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to recall mandate. Granted 90 days.

CR02-1358. Alfredo Trejo Munoz v. State of Arkansas, from Washington Circuit. Appellee's motion to consolidate the record is denied. See Drymon v. State, 327 Ark. 375 (1997).

CR03-234. Donnie Miller v. Honorable Berlin C. Jones, Judge, from Jefferson Circuit. Petition for writ of prohibition is denied without prejudice.

CR03-262. Jason McConnell v. State of Arkansas, from Scott Circuit. Motion for rule on clerk. Motion granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-450. United Food and Commercial Workers International Union et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Appellee's motion to strike portions of appellants' reply brief. Passed until case submitted.

02-1136. Crooked Creek, III, Inc. et al. v. City of Greenwood et al., from Sebastian Circuit, Greenwood District. Appellants' motion for costs on appeal is granted.

02-1332. Benjamin F. Lackey, Jr. v. Dana Bramblett, from Faulkner Circuit. Appellant's motion to file an enlarged brief is granted.

03-232. AJ&K Operating Company et al. v. Grover Smith et al., from Union Circuit. Appellants' motion for expedited consideration of appeal is moot; request for oral argument is denied.

03-250. Thomas C. Kelly, M.D. et al. v. Honorable James R. Marschewski, Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of prohibition and request for temporary relief is denied without prejudice.

03-250. Thomas C. Kelly, M.D. et al. v. Honorable James R. Marschewski, Judge, from

Sebastian Circuit, Fort Smith District. Motion to supplement record and extension of time to respond to petition is granted.

03-251. John C. Slamons et ux. v. Community Bank of North Arkansas, from WashingtonCircuit. Motion for rule on clerk is denied. Thornton, J., would grant.

CR94-358. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions to lift stay of execution, for copy of mandate at public expense, and for other relief. Motion to lift stay of execution moot; motion for copy of mandate at public expense denied; motions for other relief dismissed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-408. Danny Joe Gipson v. State of Arkansas, from Crawford Circuit. Pro se motion for transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-823. Robert C. Oliver v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion to file belated reply brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-1372. William Wigley v. State of Arkansas, from Sebastian Circuit, Greenwood District. Pro se motion for rule on clerk to proceed with appeal of post conviction order, motion for declaratory judgment, and petition for writ of certiorari. Motion for rule on clerk denied; motion for declaratory judgment and petition for writ of certiorari moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1390. Demetrius Curtis v. Honorable Grisham Phillips, Judge, from Saline Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-569. Rickie Earn Berna v. M.D. Reed, Warden, from Lincoln Circuit. Pro se motions for general rules. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

02-650. In the Matter of the Estate of J.I. Seay, Sr. and Hilma R. Seay, Deceased et al.v. Helen S. Quinn et al., from Arkansas Circuit, Northern District.

02-729. John E. Searcy III v. Emmett Davenport et al., from Van Buren Circuit.

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PETITIONS FOR REVIEW:

CR03-264. Richard Scott Tucker v. State of Arkansas, from Yell Circuit, Northern District.

03-214. Lamar Neill et al. v. Nationwide Mutual Fire Insurance Co., from Logan Circuit, Northern District.

03-216. Katrina Skelton v. Washington Regional Medical Center, from Workers' Compensation Commission.

03-218. Doris Reilly v. Clayton Homes, from Workers' Compensation Commission.

03-221. Mary Remington et al. v. John T. Roberson, from Lonoke Probate.

03-223. Herbert Marshall v. Madison County, from Workers' Compensation Commission.

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CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se petition for writ of habeas corpus.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se motion to recall the decision.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se amended motion for appointment of counsel.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se motion for oral argument.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se motion to treat motion to recall the opinion as a petition for writ of prohibition.

CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CR02-373. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to strike new arguments raised in appellant's substituted brief.

CR02-691. State of Arkansas v. Steven R. Pinell, from Drew Circuit. Appellee's motion to dismiss appeal.

CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Appellant's motion for waiver of page limit.

CR03-278. Duke E. Ervin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for belated appeal and for appointment of counsel.

02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

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

03-67. Mundaca Financial Services, L.L.C. v. Milton Harold Jackson, Jr. et ux., from Pulaski Circuit, Fifteenth Division. Appellant's motion to dismiss appeal.

03-123. Danny Hall et al. v. W. Bruce Leasure, d/b/a Leasure Law Firm, from Pulaski Circuit, Fifth Division. Appellants' motion for reconsideration of rule on clerk to lodge record.

03-221. Mary Remington v. John T. Roberson, from Lonoke Probate. Appellant's motion to strike petition for review of appellee.

03-276. David Davison v. Kent Griggs et al., from Searcy Circuit. Motion for rule on clerk.

03-287. David Davison v. Arkansas Office of Child Support Enforcement, from Searcy Circuit. Motion for rule on clerk.

03-308. Nancie Givens, Acting Executive Director, Supreme Court Committee on Professional Conduct v. James S. Scott, Jr. (Ark. Bar ID #87154), from Arkansas Supreme Court Committee on Professional Conduct. Petition for disbarment.

03-314. Sherry Tate-Smith v. Honorable David Burnett, Judge, from Crittenden Circuit. Petition for writ of certiorari; request for stay and expedited appeal.

SUBMISSIONS

02-623. The Bank of Eureka Springs et al. v. Floyd Carroll Evans, from Carroll Circuit, Western District. Argued orally.

CR02-631. James Arnold Baughman v. State of Arkansas, from Benton Circuit.

02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

02-632. Bank of America, N.A. v. C. D. Smith Motor Company, Inc., from Jefferson Circuit.

02-1336. Fannie Fields et al. v. Marvell School District et al., from Pulaski Circuit, Seventh Division.