Apollo Coating RCS, Inc. v. Brookridge Funding Corp. (Griffen, J.) CA01-1415

Civil procedure -- Appellant's timely motion for findings of fact & conclusions of law was governed by Ark. R. Civ. P. 52(a); case reversed & remanded for compliance with provisions of Rule 51(a); language in Price v. Garrett conflicting with this opinion overruled. [HTML, WP5.1]

Beaver v. John Q. Hammons Hotels, Inc. (Vaught, J.) CA02-1106

Estoppel -- Collateral estoppel; circuit court erred in giving preclusive effect to Workers' Compensation Commission's causation determination. [HTML, WP5.1]

Lawrence v. State (Pittman, J.) CACR02-397

Evidence -- Recorded recollection; first element required for admissibility of recorded recollection met; second requirement fulfilled by affirmance of officer present while recording made; record admissible under Ark. R. Evid. 803(5); no independent grounds for admission of witness's out-of-court statement recounting statements made by third party; those portions of witness's statement improperly admitted by trial court. [HTML, WP5.1]

Miller v. State (Neal, J.) CACR02-698

Criminal procedure -- State manifested assent to negotiated guilty plea; traffic stop made with probable cause; trooper entitled to search readily moveable vehicle; motion to suppress properly denied; dog alerted during permissible canine sniff thus giving trooper probable cause to search vehicle. [HTML, WP5.1]

Saulsberry v. State (Vaught, J.) CACR02-725

Criminal law -- Firearm; substantial evidence that pistol discovered in plain view was firearm within meaning of statute; search of passenger compartment of automobile reasonable for officer for safety of officer & others. [HTML, WP5.1]

Allstate Ins. Co. v. Antoon, CA 02-577 (Griffen, J.), affirmed April 16, 2003. [HTML, WP5.1]

Arkansas Appraiser Lic. and Cert. Bd. v. Maris, CA 02-855 (Stroud, C.J.), reversed and remanded April 16, 2003. [HTML, WP5.1]

Bates v. Gilbert, CA 02-869 (Hart, J.), affirmed April 16, 2003. [HTML, WP5.1]

Brown v. State, CA CR 02-279 (Robbins, J.), affirmed April 16, 2003. [HTML, WP5.1]

Burt v. Arkansas Dep't of Human Servs., CA 02-585 (Pittman, J.), affirmed April 16, 2003. [HTML, WP5.1]

Care Manor of Baxter County v. Wheeler, CA 02-414 (Bird, J.), affirmed April 16, 2003. [HTML, WP5.1]

Davis, Lisa K. v. Taylor, CA 02-670 (Baker, J.), reversed and remanded April 16, 2003. [HTML, WP5.1]

Davis, Robert v. Estate of Davis, CA 02-833 (Bird, J.), affirmed April 16, 2003. [HTML, WP5.1]

Hendricks v. Read, CA 02-273 (Griffen, J.), affirmed April 16, 2003. [HTML, WP5.1]

Herzberg v. Pine Bluff Nat'l Bank, CA 02-701 (Gladwin, J.), affirmed April 16, 2003. [HTML, WP5.1]

Hicks v. State, CA CR 02-881 (Roaf, J.), affirmed April 16, 2003. [HTML, WP5.1]

Hill v. State, CA CR 02-1077 (Hart, J.), affirmed April 16, 2003. [HTML, WP5.1]

Huitt v. Arkansas Dep't of Human Servs., CA 02-962 (Stroud, C.J.), affirmed April 16, 2003. [HTML, WP5.1]

Jackson v. State, CA CR 02-383 (Gladwin, J.), affirmed April 16, 2003. [HTML, WP5.1]

Radford v. State, CA CR 02-770 (Crabtree, J.), reversed and dismissed April 16, 2003. [HTML, WP5.1]

Riverdale Dev. Co., LLC v. Ruffin Bldg. Sys., Inc., CA 03-244 (Bird, J.), dissenting opinion only April 16, 2003. [HTML, WP5.1]

Rogers v. State, CA CR 02-458 (Stroud, C.J.), affirmed April 16, 2003. [HTML, WP5.1]

Stroud v. Cagle, CA 02-1215 (Robbins, J.), appeal dismissed April 16, 2003. [HTML, WP5.1]

Wilkerson v. Scroggins, CA 02-741 (Baker, J.), affirmed April 16, 2003. [HTML, WP5.1]

Basinger v. Director of Labor, E 02-371, April 16, 2003.

Caldwell, Karen R. v. Director of Labor, E 02-383, April 16, 2003.

Caldwell, Myrna L. v. Director of Labor, E 02-382, April 16, 2003.

Duke v. Director of Labor, E 02-377, April 16, 2003.

Finch v. Director of Labor, E 02-374, April 16, 2003.

Gardinier v. Director of Labor, E 02-381, April 16, 2003.

Grant v. Director of Labor, E 02-380, April 16, 2003.

Owens v. Director of Labor, E 02-379, April 16, 2003

Stafford v. Director of Labor, E 02-372, April 16, 2003.

Thompson v. Director of Labor, E 02-375, April 16, 2003.

Weaber v. Director of Labor, E 02-373, April 16, 2003.

Williams v. Director of Labor, E 02-369, April 16, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-458. James M. Rogers and Brenda D. Rogers v. State of Arkansas, from Hot Spring Circuit. Affirmed. Griffen and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-855. Arkansas Appraiser Licensing and Certification Board v. Christopher B. Maris, from Pulaski Circuit, Second Division. Reversed and Remanded. Griffen and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-962. Terry Huitt v. Arkansas Department of Human Services, from Saline Circuit. Affirmed. Griffen and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-397. Winfred Javaar Lawrence v. State of Arkansas, from Pulaski Circuit, Fifth Division. Reversed and Remanded. Gladwin, J., agrees. Hart, J., concurs. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-585. Jennifer Burt v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Affirmed. Hart and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-1077. Lasaba Hill v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-869. Bill Bates d/b/a Clear Water Drilling v. David Gilbert d/b/a Gilbert's Hardrock Drilling, from Polk Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-383. Michael Jackson, Jr. v. State of Arkansas, from Clark Circuit. Affirmed. Neal and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-701. Sandra Herzberg et al. v. Pine Bluff National Bank, from Jefferson Circuit. Affirmed. Hart, J., agrees. Pittman, J., concurs. (4 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-279. Jerry Brown v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Pittman and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1215. William L. Stroud v. Delane Cagle and William Cagle, from Saline Circuit. Appeal Dismissed. Pittman and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-414. Care Manor of Baxter County and Risk Management Resources v. Debra K. Wheeler, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-833. Robert Davis v. The Estate of Raymond Davis, Deceased, Allena Nelson, Executrix, from Scott Circuit. Affirmed. Hart and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-1415. Apollo Coating RCS, Inc. and Apollo, Inc. v. Brookridge Funding Corporation, from Benton Circuit. Reversed and Remanded. Stroud, C.J., Hart and Baker, JJ., agree. Bird and Vaught, JJ., dissent. (4 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-273. Richie Hendricks, Corrina Hendricks, and Weyerhaueser Company v. James Read and Mary Read, from Van Buren Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-577. Allstate Insurance Company v. James Antoon and Mary Antoon, from Union Circuit. Affirmed. Robbins and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-698. William Patrick Miller and Loretta Anita Jackson v. State of Arkansas, from Crawford Circuit. Affirmed. Gladwin and Baker, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-725. Gary Saulsberry v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1106. Judy Beaver and Jimmy Beaver v. John Q. Hammons Hotels, Inc. and John Q. Hammons Hotels, L.P., from Sebastian Circuit. Reversed and Remanded. Pittman and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-770. Willie Gene Radford v. State of Arkansas, from Ouachita Circuit. Reversed and Dismissed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA02-670. Lisa K. Davis v. Ann M. Taylor, from Sebastian Circuit. Reversed and Remanded. Gladwin and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-741. Tommy Lyn Wilkerson and Gavaughn Lynn Wilkerson v. James V. Scroggins, from Lincoln Circuit. Affirmed. Gladwin and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-881. Eric Hicks v. State of Arkansas, from Chicot Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 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).

E02-369. Charla Williams v. Director et al.

E02-371. Charlotte A. Basinger v. Director et al.

E02-372. Dianne Stafford v. Director et al.

E02-373. Eleanor D. Weaber v. Director et al.

E02-374. Donna Lynn Finch v. Director et al.

E02-375. Kathy D. Thompson v. Director et al.

E02-377. Charlie H. Duke, Jr. v. Director et al.

E02-379. Virginia Owens v. Director et al.

E02-380. Ronnodo D. Grant v. Director et al.

E02-381. Kathleen D. Gardinier v. Director et al.

E02-382. Myrna L. Caldwell v. Director et al.

E02-383. Karen R. Caldwell v. Director et al.

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

CA02-147. Judi Tomlin v. Wal-Mart Stores, Inc., from Pulaski Circuit, Third Division. Pittman and Hart, JJ., would grant.

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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CACR02-44. Larry Sadler v. State of Arkansas, from Little River Circuit. Motion of Darrell F. Brown for attorney's fees is denied. See Supreme Court Rule 6-6(c).

CACR02-523. Curtis Mitchell v. State of Arkansas, from Poinsett Circuit. Motion of Val P. Price for attorney's fees is granted. Allowed $750.00.

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

CACR02-1036. Robert Hunter v. State of Arkansas, from Garland Circuit. Appellant's pro se motion to file pro se reply brief is denied.

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

CACR03-4. Jeffrey Swinford v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for summary reversal of trial court's ruling on remand is granted. Stroud, C.J., Pittman, Gladwin, Crabtree, and Baker, JJ., would deny.

CACR03-12. Alvie Leon Phillips v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted. Griffen and Baker, JJ., would deny and order brief to be filed within thirty days.

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

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

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

CACR03-239. Juan Perez-Herrera v. State of Arkansas, from Saline Circuit. Appellant's motion to supplement the record is granted. Record deemed supplemented.

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

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

CA02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion to dismiss appeal is denied without prejudice. Bird, J., would grant to dismiss as to issues barred by prior final order.

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

CA03-157. Michael D. Cassels v. Lisa Griffin Cassels, from Washington Circuit. Appellant's motion to file belated brief and for brief time is granted. Gladwin, Griffen, and Crabtree, JJ., would grant thirty days brief time.

CA03-244. Riverdale Development Company, LLC v. Ruffin Building Systems, Inc., from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is denied. Pittman, Robbins, Bird, Griffen, and Vaught, JJ., would grant. (5-PAGE DISSENT ONLY UNPUBLISHED) [HTML, WP5.1]

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

PETITION FOR REHEARING:

CA02-546. Mark McGhee et ux. v. Jim Witcher et ux., from Pulaski Circuit, Thirteenth Division.

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CACR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Frank B. Newell for attorney's fees.

CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Motion of R.S. McCullough to be relieved as counsel for appellant.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion for England reservation to be applied to the impending direct appeal.

CACR02-518. Thomas Rice v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees.

CACR02-522. Colin Patrick Shropshire v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR02-648. Tony Orlando Pace v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr. for attorney's fees.

CACR02-1080. Norman Gaines v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time.

CACR02-1191. Timothy Burchfield v. State of Arkansas, from Drew Circuit. Appellant's pro se motion for transcript for Rule 37 proceedings.

CACR02-1370. Richard Gaylord v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion to complete the record and for brief time.

CACR03-231. Rodney Parker Owens v. State of Arkansas, from Benton Circuit. Appellant's petition for writ of certiorari to complete the record.

CA02-591. Clarence L. Allen, Sr. v. Bertha Allen, from Pulaski Circuit, Seventeenth Division. Motion of Ellen Lester Reif for attorney's fees.

CA02-1189. Jamai W. (Weber) Blivin v. Blake H. Weber, from Pulaski Circuit, Fourteenth Division. Appellant's motion to strike appellee's abstract, or in the alternative, that appellee be precluded from attempting to tax costs of improper abstract upon appellant.

CA03-222. Consumer Utility Rate Advocacy Division of the Attorney General's Office v. Arkansas Public Service Commission et al., from Public Service Commission. Appellant's motion to review portions of the record under seal.

CA03-349. Development & Construction Management, Inc. v. City of North Little Rock, from Pulaski Circuit, Seventeenth Division. Appellee's motion to require posting of supersedeas for appeal.

E03-101. Patricia Haynes v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA02-628. George Gawrieh v. Scottsdale Insurance Company, from Miller Circuit. Argued orally.

CA02-819. Peoples Bank of Paragould, Arkansas v. Unico Bank, F.S.B., from Greene Circuit. Argued orally.

CACR02-353. Carl Gene McGhee v. State of Arkansas, from Perry Circuit.

CACR02-476. Alvin Tinkes v. State of Arkansas, from Sevier Circuit.

CACR02-558. Steve Robinson v. State of Arkansas, from Chicot Circuit.

CACR02-674. James Robert Lord v. State of Arkansas, from Saline Circuit.

CACR02-837. Roland Garcia Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-864. Jason E. Winbush v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-963. Tyrone Simpson v. State of Arkansas, from Crittenden Circuit.

CACR02-1062. Natasha Malone v. State of Arkansas, from White Circuit.

CACR02-1200. Freddie Ray Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA02-587. Charles F. Burkett v. Martha A. Burkett, from Pulaski Circuit, Twelfth Division.

CA02-591. Clarence L. Allen, Sr. v. Bertha Allen, from Pulaski Circuit, Seventeenth Division.

CA02-593. Sheila Fowler v. Dan Springer, M.D. et al., from Benton Circuit.

CA02-735. Holt Bonding Company, Inc. v. First Federal Bank of Arkansas, F.A, from Washington Circuit.

CA02-854. John F. Bryant et ux. v. Pauline Stansell, from Madison Circuit.

CA02-858. Sharon Hays Martindale v. The Estate of Sherman Martindale, Deceased, et al., from Crawford Probate.

CA02-917. Jim Green et al. v. The City of Jacksonville et al., from Pulaski Circuit, Twelfth Division.

CA02-925. George Hutchens et al. v. Bella Vista Village Property Owners Association, Inc., from Benton Circuit.

CA02-997. Honore Newberg v. Next Level Events, Inc., from Pulaski Circuit, Fifth Division.

CA02-1086. Lasha Parker-Blanton v. Pinewood Nursing Home, from Workers' Compensation Commission.

CA02-1102. Susan Durham v. Timothy Durham, from Pulaski Circuit, Fifteenth Division.

CA02-1256. Damien Ford v. State of Arkansas, from Lafayette Circuit.

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

E02-259. William E. Tarvin v. Director et al.

E02-376. Daniel B. Mattox v. Director et al.

E02-378. Ima I. Frazier v. Director et al.

E02-384. Rochester Rodgers II v. Director et al.

E02-385. Tyrone White v. Director et al.

E03-1. Irica C. Leavy v. Director et al.

E03-2. Michael R. Bishop v. Director et al.

E03-3. Roger R. McConnell v. Director et al.

E03-6. James R. Poole v. Director et al.

E03-7. William S. Lummus v. Director et al.

E03-8. Harrison Thompson v. Director et al.

E03-9. Larry Richardson v. Director et al.

E03-16. Monica E. Lopez v. Director et al.