Estate of Byrd v. Tiner (Bird, J.) CA02-439

Actions -- Wrongful-death action; appellant estate statutorily barred from bringing wrongful-death action; trial court did not err in denying motion to amend complaint by naming personal representative as plaintiff. [HTML, WP5.1]

Sundeen v. Kroger (Neal, J.) CA02-575

Tort -- Malicious prosecution; probable cause found to arrest appellant for obstructing governmental operations & attempting to influence public official; grant of summary judgment on malicious-prosecution claim affirmed; abuse of process not established; grant of summary judgment. [HTML, WP5.1]

Van DeVeer v. RTJ, Inc. (Roaf, J.) CA02-693

Torts -- Known or obvious danger; appellant did not have "knowledge" of dangerous condition associated with stairs; different conclusions could have been reached on facts regarding owners duty; summary judgment inappropriate; summary judgment reversed. [HTML, WP5.1]

Ashley v. Director, E 02-143 (Bird, J.), affirmed April 9, 2003. [HTML, WP5.1]

Clifton v. State, CA CR 02-686 (Griffen, J.), affirmed April 9, 2003. [HTML, WP5.1]

Dodds v. Bank of the Ozarks, CA 02-904 (Per Curiam), appeal dismissed April 9, 2003. [HTML, WP5.1]

Foote v. Pine Bluff Sch. Dist., CA 02-806 (Hart, J.), affirmed April 9, 2003. [HTML, WP5.1]

Harbor Distrib. Co. v. Caldarera, CA 02-1088 (Hart, J.), affirmed on appeal and cross-appeal April 9, 2003. [HTML, WP5.1]

Harrison v. Arkansas Dep't of Human Servs., CA 02-212 (Neal, J.), affirmed April 9, 2003. [HTML, WP5.1]

Hendrickson v. State, CA CR 02-814 (Vaught, J.), affirmed April 9, 2003. [HTML, WP5.1]

Hershman v. Fountain, CA 02-644 (Vaught, J.), affirmed April 9, 2003. [HTML, WP5.1]

Howerton v. State, CA CR 02-836 (Baker, J.), affirmed April 9, 2003. [HTML, WP5.1]

Johnson v. Cotton, CA 02-941 (Robbins, J.), affirmed April 9, 2003. [HTML, WP5.1]

Lewis v. State, CA CR 02-1015 (Roaf, J.), affirmed April 9, 2003. [HTML, WP5.1]

Moore v. State, CA CR 02-724 (Crabtree, J.), affirmed April 9, 2003. [HTML, WP5.1]

Mullen v. Nettleton Pub. Sch., CA 02-309 (Neal, J.), affirmed April 9, 2003. [HTML, WP5.1]

Nicholson v. Bowers, CA 02-566 (Vaught, J.), affirmed April 9, 2003. [HTML, WP5.1]

Quinn v. Arkansas Contractors Lic. Bd., CA 02-733 (Roaf, J.), affirmed April 9, 2003. [HTML, WP5.1]

Ratliff v. Ratliff, CA 02-844 (Hart, J.), affirmed in part; reversed and remanded in part on direct appeal; affirmed on cross-appeal April 9, 2003. [HTML, WP5.1]

Ross v. Arkansas Dep't of Human Servs., CA 02-694 (Baker, J.), affirmed April 9, 2003.\ [HTML, WP5.1]

Shaban v. State, CA CR 02-777 (Stroud, C.J.), affirmed April 9, 2003. [HTML, WP5.1]

Shropshire v. State, CA CR 02-522 (Robbins, J.), affirmed April 9, 2003. [HTML, WP5.1]

Turner v. Turner, CA 02-682 (Per Curiam), appeal dismissed April 9, 2003. [HTML, WP5.1]

Washington v. State, CA CR 02-825 (Crabtree, J.), affirmed April 9, 2003. [HTML, WP5.1]

Wilson v. State, CA CR 02-1069 (Pittman, J.), affirmed April 9, 2003. [HTML, WP5.1]

Hayes v. Director of Labor, E 02-232, April 9, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-777. Jana Shaban v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1069. Larry Wilson v. State of Arkansas, from Izard Circuit. Affirmed. Robbins and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA02-806. Tamara Foote and Wallace Foote, as Next Friends of Gerald Woods, a Minor v. Pine Bluff School District and Frank Anthony, Superintendent, from Jefferson Circuit. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-844. Troy Kevin Ratliff v. Cynthia M. Ratliff, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part on Direct Appeal; Affirmed on Cross-Appeal. Bird and Crabtree, JJ., agree. (21 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1088. Harbor Distributing Company and Fidelity & Guaranty Insurance Company v. Joseph Caldarera, from Workers' Compensation Commission. Affirmed on Appeal and Cross-Appeal. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-522. Colin Patrick Shropshire v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Pittman and Vaught, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-941. Howard Rex Johnson v. Moses Cotton, from Pulaski Circuit, Twelfth Division. Affirmed. Pittman and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-439. The Estate of Daisy Byrd v. Lohnes Tommy Tiner, from Jackson Circuit. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

E02-143. Jacqueline Ashley v. Director, Employment Security Department and USA Drug, from Board of Review. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-686. Jesse Clifton v. State of Arkansas, from Montgomery Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-212. Diane Harrison and Luv `N Joy Child Care Center v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Gladwin and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-309. Cindy Mullen v. Nettleton Public Schools and Risk Management Resources, from Workers' Compensation Commission. Affirmed. Gladwin and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-575. Michael Patrick Sundeen v. Kroger and Jerry Hart, from Pulaski Circuit. Affirmed. Gladwin, J., agrees. Baker, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-814. Luther Hendrickson v. State of Arkansas, from Arkansas Circuit. Affirmed. Pittman and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-566. Wendell H. Nicholson and Dianna L. Nicholson v. Marsha Rae Bowers, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-644. Dana Fountain Hershman v. William Fountain, Jr., from Mississippi Circuit. Affirmed. Pittman and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-724. Edward Moore and Tammy Moore v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-825. Delarron Keith Washington v. State of Arkansas, from Ouachita Circuit. Affirmed. Hart and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-836. Horace Howerton v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-694. Rebecca Ross v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Gladwin and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-1015. Roderick Lewis v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-693. Gary Van DeVeer v. RTJ, Inc., d/b/a George's Flowers, from Benton Circuit. Reversed and Remanded. Stroud, C.J., and Griffen, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA02-733. Tony Quinn v. Arkansas Contractors Licensing Board, from Phillips Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CA02-682. James E. Turner, Jr. et al. v. Dr. James E. Turner et al., from Scott Circuit. Appeal Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-904. David Dodds and Vicki Dodds v. Bank of the Ozarks et al., from Faulkner Circuit. Appeal Dismissed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISION

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

E02-232. William H. Hayes v. Director et al.

PER CURIAM ORDERS

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

CA01-1034. Kristy Tew and Robert Tew v. Arkansas Department of Human Services, from Faulkner Chancery.

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.

CA02-818. AutoZone, Inc., Employer's Insurance of Wausau and Liberty Mutual Insurance Company v. Beth A. Biles, from Workers' Compensation Commission.

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CACR01-1238. Leon Craft v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Richard L. Hughes for attorney's fees is granted. Allowed $750.00.

CACR01-1297. Everth Rodriquez v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $750.00.

CACR01-1342. Benny L. Hulsey v. State of Arkansas, from Benton Circuit. Appellee's motion to strike new argument in appellant's substituted brief is denied.

CACR02-291. Robert Peel v. State of Arkansas, from Craighead Circuit, Western District. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $750.00.

CACR02-375. Eddie A. Taylor v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $750.00.

CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $750.00.

CACR02-491. Joseph Enkoff v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Val P. Price for attorney's fees is granted. Allowed $750.00.

CACR02-497. Dennis W. Williams v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-519. Travis M. Hollins v. State of Arkansas, from Ashley Circuit. Motion of Timothy W. Bunch for attorney's fees is granted. Allowed $750.00.

CACR02-547. Gregory A. Wycoff v. State of Arkansas, from Greene Circuit. Motion of Grant C. DeProw for attorney's fees is granted. Allowed $750.00.

CACR02-564. Howard Davis v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $750.00.

CACR02-573. Alvin H. Biggs v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis for attorney's fees is granted. Allowed $750.00.

CACR02-596. Timothy D. Rankins v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-612. Rodney Leon Gann v. State of Arkansas, from Benton Circuit. Motion of Charles M. Duell for attorney's fees is granted. Allowed $750.00.

CACR02-615. Melvin C. Hobbs v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Gary W. Potts for attorney's fees is granted. Allowed $750.00.

CACR02-629. Richard Scott Tucker v. State of Arkansas, from Yell Circuit, Northern District. Motion of Dale E. Adams for attorney's fees is granted. Allowed $750.00.

CACR02-649. Jacob Sisk v. State of Arkansas, from Crawford Circuit. Motion of Billy Bob Webb for attorney's fees is granted. Allowed $750.00.

CACR02-651. Earl Ray Mills v. State of Arkansas, from Crawford Circuit. Motion of Shane Roughley for attorney's fees is granted. Allowed $750.00.

CACR02-667. Ky'ron Watkins v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $750.00.

CACR02-726. Charles Lovell v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Joseph C. Self for attorney's fees is granted. Allowed $750.00.

CACR02-797. Michael Turner v. State of Arkansas, from Poinsett Circuit. Motion of Val P. Price for attorney's fees is granted. Allowed $850.00.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion to file additional points for reversal is denied.

CACR02-1111. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Chancery, Sixth Division. Appellant's motion to supplement the record and for brief time is granted. Record deemed supplemented. Brief filed this date.

CACR02-1224. Paul Henry Pennebaker and Jeremy Bearden v. State of Arkansas, from Conway Circuit. Motion of Craig Lambert to be substituted as counsel for Jeremy Bearden and for writ of certiorari to complete and correct the record is granted.

CACR03-107. Anthony Richardson v. State of Arkansas, from White Circuit. Motion of Stanley M. "Jack" Bell to withdraw as counsel for appellant and to substitute Patrick J. Benca as counsel and for brief time is granted.

CACR03-174. Reco Blakely v. State of Arkansas, from Pulaski Circuit, First Division. Motion of William B. Blevins to withdraw as counsel for appellant and for brief time is granted. Julie Llewellyn Ketcham is appointed as counsel for appellant. Appellant's brief due May 19, 2003.

CA02-742. Wesley L. Roberts v. State of Arkansas, from Fulton Circuit. Motion of Michael Loggains for attorney's fees is granted. Allowed $750.00.

CA02-1089. Kristy Tew et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellee's motion to supplement the record is granted.

CA02-1189. Jamai W. (Weber) Blivin v. Blake H. Weber, from Pulaski Circuit, Fourteenth Division. Appellee's motion to dismiss appeal is denied. Pittman and Griffen, JJ., not participating.

CA03-6. Ray Townsend Farms, Inc. et al. v. Marjorie T. Smith, from Monroe Circuit. Appellant's petition for approval of supersedeas bond is denied. See Home Mutual Fire Ins. Co. v. Jones, 62 Ark. App. 182 (1998). Pittman, J., not participating.

CA03-47. Brian Stoltze v. Arkansas Valley Electric Cooperative Corporation, from SebastianCircuit, Greenwood District. Appellant's motion for rule on clerk is granted. Pittman, J., would deny. Neal, J., woud certify. Stroud, C.J., not participating.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA02-147. Judi Tomlin v. Wal-Mart Stores, Inc., from Pulaski Circuit, Third Division.

CA02-673. Metropolitan National Bank v. La Sher Oil Company, Inc., from Pulaski Circuit, Sixth Division.

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

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CACR02-932. David Wayne Fulmer v. State of Arkansas, from White Circuit. Jimmy Doyle is ordered to appear and show cause today at 9:00 a.m.

CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit. Jimmy Doyle is ordered to appear and show cause today at 9:00 a.m.

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Donald E. Warren, Sr. is ordered to appear and show cause today at 9:00 a.m.

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief.

CACR02-523. Curtis Mitchell v. State of Arkansas, from Poinsett Circuit. Motion of Val P. Price for attorney's fees.

CACR02-761. Jack Jay Peterson, Jr. v. State of Arkansas, from Washington Circuit. Motion of Paul M. Gehring to withdraw as counsel for appellant.

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

CACR03-12. Alvie Leon Phillips v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

CACR03-79. Constance Wayne v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.

CACR03-79. Constance Wayne v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file belated brief.

CACR03-164. Timothy Quarteze Simmons v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion to supplement the record.

CA02-776. Angela Williams v. Chad Williams, from Miller Circuit. Appellee's motion to file belated brief.

CA02-1072. Rosemarie Clampitt v. Starving Students, Inc., from Crittenden Circuit. Appellant's pro se motion for stay pending appeal.

CA03-146. T. J. Smith, Jr. et al. v. Edward Malone, from Saline Circuit. Appellants' motion to file belated brief.

CA03-157. Michael D. Cassels v. Lisa Griffin Cassels, from Washington Circuit. Appellant's motion to file belated brief and for brief time.

CA03-208. Shelley S. Turner, Administratrix v. Northwest Arkansas Neurosurgery Clinic, P.A., from Washington Circuit. Appellant's motion for release of sealed transcript and for brief time.

CA03-341. Dorothy Marguerite Zahnd v. Wesley C. May, from Pulaski Circuit, Sixteenth Division. Appellant's motion for expedited consideration and for immediate relief.

SUBMISSIONS

CA02-626. Gene Addington v. Wal-Mart Stores, Inc., from Benton Circuit. Argued orally.

CA02-232. Cindy H. Cole v. Randall E. Cole, from Benton Circuit. Argued orally.

CACR00-1472. Frank Barnes v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit.

CACR01-367. Jan Clifton Doyle v. State of Arkansas, from Crittenden Circuit.

CACR01-795. Thomas N. Crowder, Jr. v. State of Arkansas, from Johnson Circuit.

CACR02-561. Betty Thompson v. State of Arkansas, from Union Circuit.

CACR02-849. Diana Lancaster and Michael Scott Kehn v. State of Arkansas, from Stone Circuit.

CACR02-896. Jeannie Campbell v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-982. Randy Edward Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-1006. Andrew Whitney Broadus v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA02-758. Diona L. Foley Sharum et al. v. Jerry Foley et al., from Crawford Circuit.

CA02-815. Vivian Sanderson et al. v. Sid McCollum, Executor, from Washington Circuit.

CA02-824. Carol Ann Small v. Stanley Lewis Small, from Crawford Probate.

CA02-831. Deborah Berger-Nielson v. William Lee Nielson, from Washington Circuit.

CA02-889. James Bart Brady v. Susan Elizabeth Brady Hall, from Pulaski Circuit, First Division.

CA02-891. Janice K. Fredericks v. Thomas W. Fredericks, from Benton Circuit.

CA02-901. Willien Wesley et al. v. James Otis Williams et al., from Pulaski Circuit, Seventeenth Division.

CA02-969. Pine Bluff Cotton Belt Federal Credit Union v. David Patterson, from Pulaski Circuit, Second Division.

CA02-1020. Christy Tucker Dumas v. Marc Tucker, from Pope Circuit.

CA02-1049. Johnson County et al. v. Charles Beavers, from Workers' Compensation Commission.

CA02-1052. Jermaine Porter v. State of Arkansas, from Pulaski Circuit, Eighth Division.

CA02-1112. City of Jonesboro et al. v. Charles F. Marshall, from Workers' Compensation Commission.

CA02-1124. Don Dunn v. University of Arkansas, from Workers' Compensation Commission.

CA02-1227. Chrisshannon Walters v. Arkansas Department of Human Services et al., from Pulaski Circuit, Eighth Division.