Allen v. Allen (Vaught, J.) CA02-591

Parent & child -- Child support; obligation need not be suspended because of payor's incarceration; trial court did not abuse discretionin ordering incarcerated appellant to pay minimum amount of support required of unemployed person. [HTML, WP5.1]

Brown v. State (Baker, J.) CACR02-846

Criminal law -- Manufacturing methamphetamine & possession of drug paraphernalia; evidence independently established crimes; sentence modified where judge lacked statutory authority to increase term of imprisonment. [HTML, WP5.1]

Cole v. Cole (Vaught, J.) CA02-232

Divorce -- Property division; valuation of marital property reversed where trial court relied solely on buy-sell agreement & did not establish fair market price; alimony issue reversed & remanded for consideration of all relevant factors in determining amount to be awarded; child-support award reversed where guidelines of Administrative Order No. 10 not followed. [HTML, WP5.1]

Green v. City of Jacksonville (Crabtree, J.) CA02-917

Municipal corporations -- Court had jurisdiction to grant relief if city council's action found to be ultra vires; reversed & remanded for determination. [HTML, WP5.1]

Holt Bonding Co. v. First Fed. Bank of Ark. (Pittman, J.) CA02-735

Evidence -- Consideration of unanswered requests for admissions would have been error; trial court based its ruling on evidentiary attachments other than requests for admissions; agent authorized to endorse appellant's name; appellant liable as endorser regardless of misappropriation by agent after endorsement. [HTML, WP5.1]

Hutchens v. Bella Vista Village Prop. Owners' Ass'n, Inc. (Neal, J.) CA02-925

Property -- Covenant for maintenance assessment not restrictive covenant; strict construction not required; power of governing body of property owners' association, homeowner's association, or condominium's association to make rules, regulations, or amendments to its declaration or bylaws; reasonableness test adopted; creation of two-tiered assessment scheme not unreasonable, arbitrary, capricious or discriminatory; grant of summary judgment affirmed. [HTML, WP5.1]

Martindale v. Estate of Martindale (Robbins, J.) CA02-858

Marriage -- Trial court erred in finding that appellant was co-owner as tenant by entirety of property at issue; reversed & remanded; reversed on direct appeal; cross-appeal also reversed. [HTML, WP5.1]

Miller v. Hometown Propane Gas, Inc. (Per Curiam) CA02-1044

Appeal & error -- Rebriefing ordered where appellant's addendum & abstract contained inordinate amount of irrelevant material. [HTML, WP5.1]

Newberg v. Next Level Events, Inc. (Stroud, C.J.) CA02-997

Negligence -- Slip-&-fall cases; summary judgment inappropriate where question of fact remained regarding proximate cause of appellant's fall. [HTML, WP5.1]

Powell v. Powell (Pittman, J.) CA02-133

Divorce -- Division of property; trial judge did not err in failing to award appellant more than one-third of reduction of indebtedness on farm; trial judge did not abuse discretion in failing to award alimony. [HTML, WP5.1]

Searcy Indus. Laundry, Inc. v. Ferren (Baker, J.) CA02-511

Workers' compensation -- Compensable injury; finding that appellee proved compensable neck injury in addition to low-back injury affirmed .[HTML, WP5.1]

Simpson v. State (Roaf, J.) CACR02-963

Substituted opinion on grant of petition for rehearing delivered October 1, 2003; appears in syllabus that date. [HTML, WP5.1]

Burkett v. Burkett, CA 02-587 (Griffen, J.), affirmed April 30, 2003. [HTML, WP5.1]

Clark v. State, CA CR 02-975 (Per Curiam), contempt order issued April 30, 2003. [HTML, WP5.1]

Consumer Util. Rate Advocacy Div. of the Attorney General's Office v. Arkansas Pub. Serv. Comm'n, CA 03-222 (Per Curiam), Appellant's Motion to Review Portions of the Record Under Seal granted April 30, 2003. [HTML, WP5.1]

Dunn v. University of Ark., CA 02-1124 (Pittman, J.), affirmed April 30, 2003. [HTML, WP5.1]

Ehlebracht v. Dailey, CA 02-827 (Griffen, J.), affirmed April 30, 2003. [HTML, WP5.1]

Folkes v. State, CA CR 02-47 (Gladwin, J.), reversed and dismissed April 30, 2003. [HTML, WP5.1]

Fowler v. Springer, CA 02-593 (Baker, J.), affirmed April 30, 2003. [HTML, WP5.1]

Fulmer v. State, CA CR 02-932 (Per Curiam), contempt order issued April 30, 2003. [HTML, WP5.1]

Graves v. State, CA CR 01-343 (Pittman, J.), affirmed April 30, 2003. [HTML, WP5.1]

Johnson County v. Beavers, CA 02-1049 (Gladwin, J.), affirmed April 30, 2003. [HTML, WP5.1]

Jordan v. State, CA CR 02-837 (Crabtree, J.), affirmed April 30, 2003. [HTML, WP5.1]

Lord v. State, CA CR 02-674 (Vaught, J.), affirmed April 30, 2003. [HTML, WP5.1]

Malone v. State, CA CR 02-1062 (Pittman, J.), affirmed April 30, 2003. [HTML, WP5.1]

Parker-Blanton v. Pine Wood Nursing Home, CA 02-1086 (Bird, J.), affirmed April 30, 2003. [HTML, WP5.1]

Polk v. State, CA CR 02-627 (Griffen, J.), affirmed April 30, 2003. [HTML, WP5.1]

Reeves v. Arnold, CA 02-457 (Bird, J.), reversed and remanded April 30, 2003. [HTML, WP5.1]

Robinson v. State, CA CR 02-558 (Neal, J.), affirmed April 30, 2003. [HTML, WP5.1]

Small v. Small, CA 02-824 (Stroud, C.J.), reversed April 30, 2003. [HTML, WP5.1]

Tarvin v. Director, E 02-259 (Robbins, J.), affirmed April 30, 2003. [HTML, WP5.1]

Tinkes v. State, CA CR 02-476 (Stroud, C.J.), affirmed April 30, 2003. [HTML, WP5.1]

Walker v. State, CA CR 02-1200 (Hart, J.), affirmed April 30, 2003. [HTML, WP5.1]

Young v. State, CA CR 02-934 (Per Curiam), contempt order issued April 30, 2003.DISSENT UNPUBLISHED) [HTML, WP5.1]

Bishop v. Director of Labor, E 03-002, April 30, 2003.

Frazier v. Director of Labor, E 02-378, April 30, 2003.

Leavy v. Director of Labor, E 03-001, April 30, 2003.

Lopez v. Director of Labor, E 03-016, April 30, 2003.

Lummus v. Director of Labor, E 03-007, April 30, 2003.

Mattox v. Director of Labor, E 02-376, April 30, 2003.

McConnell v. Director of Labor, E 03-003, April 30, 2003.

Poole v. Director of Labor, E 03-006, April 30, 2003.

Richardson v. Director of Labor, E 03-009, April 30, 2003.

Rodgers v. Director of Labor, E 02-384, April 30, 2003.

Thompson v. Director of Labor, E 03-008, April 30, 2003.

White v. Director of Labor, E 02-385, April 30, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-476. Alvin Tinkes v. State of Arkansas, from Sevier Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-824. Carol Ann Small v. Stanley Lewis Small, from Crawford Probate. Reversed. Robbins and Crabtree, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-997. Honore Newberg v. Next Level Events, Inc., from Pulaski Circuit, Fifth Division. Reversed and Remanded. Robbins and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Affirmed. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1062. Natasha Malone v. State of Arkansas, from White Circuit. Affirmed. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-133. Patricia Powell v. John Charles Powell, from Carroll Circuit, Eastern District. Affirmed. Gladwin, Bird, and Griffen, JJ., agree. Hart and Robbins, JJ., concur. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-735. Holt Bonding Company v. First Federal Bank of Arkansas, from Washington Circuit. Affirmed. Neal and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1124. Don Dunn v. University of Arkansas, from Workers' Compensation Commission. Affirmed. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-1200. Freddie Ray Walker v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-47. Clyde Mathew Folkes v. State of Arkansas, from Crittenden Circuit. Reversed and Dismissed. Neal and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1049. Johnson County and Association of Arkansas Counties v. Charles Beavers, from Workers' Compensation Commission. Affirmed. Bird and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-858. Sharon Hays Martindale v. The Estate of Sherman Martindale, Deceased, Citizen's Bank and Trust Company, Cindy Ann Mizzell, Tammy Jo Flynn and Robin Moore, from Crawford Probate. Reversed and Remanded. Stroud, C.J., and Crabtree, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

E02-259. William E. Tarvin v. Director, Employment Security Department and Willis Shaw Frozen Express, from Board of Review. Affirmed. Stroud, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-457. Patrick Shane Reeves and Rhonda Jean Reeves v. Scott Arnold and Mary Arnold, from Crawford Circuit. Reversed and Remanded. Hart and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1086. Lasha Parker-Blanton v. Pine Wood Nursing Home and Sisters of Mercy Health System, from Workers' Compensation Commission. Affirmed. Gladwin and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-627. Latricia D. Polk v. State of Arkansas, from Ashley Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-587. Charles F. Burkett v. Martha A. Burkett, from Pulaski Circuit. Affirmed. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-827. Dorothy Ehlebracht v. James Dailey, In his Official Capacity, from Pulaski Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-558. Steve Robinson v. State of Arkansas, from Chicot Circuit. Affirmed. Pittman and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-925. George Hutchens, Don Skeahan and Robert Scott v. Bella Vista Village Property Owners' Association, Inc., from Benton Circuit. Affirmed. Pittman and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-674. James Robert Lord v. State of Arkansas, from Saline Circuit. Affirmed. Gladwin and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-232. Cindy H. Cole v. Randall E. Cole, from Benton Circuit. Reversed and Remanded. Stroud, C.J., and Neal, J., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

CA02-591. Clarence L. Allen, Sr. v. Bertha Allen, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-837. Roland Garcia Jordan v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Robbins, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-917. Jim Green and J. Green Development Company v. City of Jacksonville, from Pulaski Circuit. Reversed and Remanded. Stroud, C.J., and Robbins, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-846. Billy Frank Brown v. State of Arkansas, from Cleveland Circuit. Affirmed as Modified. Gladwin and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA02-511. Searcy Industrial Laundry, Inc. and Mid-Century Insurance Company v. Sharon Ferren, from Workers' Compensation Commission. Affirmed. Gladwin, Bird and Vaught, JJ., agree. Neal and Roaf, JJ., dissent. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-593. Sheila Fowler v. Dan Springer, M.D. and Charles Stinnett, M.D., from Benton Circuit. Affirmed. Hart and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-963. Tyrone Simpson v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded. Pittman and Neal, JJ., agree. Substituted opinion on grant of petition for rehearing delivered October 1, 2003; appears in syllabus that date. (4 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-1044. Glenda Miller v. Hometown Propane Gas, Inc., from Faulkner Circuit. Rebriefing Ordered. (3 PAGES PUBLISHED) [HTML, WP5.1]

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

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.

E03-01. Irica C. Leavy v. Director et al.

E03-02. Michael R. Bishop v. Director et al.

E03-03. Roger R. McConnell v. Director et al.

E03-06. James R. Poole v. Director et al.

E03-07. William S. Lummus v. Director et al.

E03-08. Harrison Thompson v. Director et al.

E03-09. Larry Richardson v. Director et al.

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

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

CACR02-319. Eugene Fields v. State of Arkansas, from Crawford Circuit.

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CACR02-303. Edward Lewis, Jr. v. State of Arkansas, from Craighead Circuit, Western District. Motion of Val P. Price for attorney's fees is granted. Allowed $750.00.

CACR02-881. Eric Hicks v. State of Arkansas, from Chicot Circuit. Motion of Richard H. Young for attorney's fees is granted. Allowed $750.00.

CACR02-932. David Wayne Fulmer v. State of Arkansas, from White Circuit. Contempt order issued. See per curiam this date. Bird and Griffen, JJ., concur in part; dissent in part. Griffen, Baker, and Roaf, JJ., dissent. (2 PAGES + 2-PAGE CONCURRENCE/DISSENT + 1-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit. Contempt order issued. See per curiam this date. Bird and Griffen, JJ., concur in part; dissent in part. Griffen, Baker, and Roaf, JJ., dissent. (2 PAGES + 2-PAGE CONCURRENCE/DISSENT + 1-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

CACR02-973. Wesley Britt, Jr. v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to strike appellant's supplemental brief is denied. Appellee's substituted brief due in fifteen days. Crabtree, J., would grant. Griffen, J., not participating.

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Contempt order issued. See per curiam this date. Bird and Griffen, JJ., concur in part; dissent in part. Griffen, Baker, and Roaf, JJ., dissent. (2 PAGES + 2-PAGE CONCURRENCE/DISSENT + 1-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief is granted. See per curiam this date.

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated supplemental record is granted.

CA02-957. Walter O'Dell et al. v. Arkansas Department of Human Services, from Baxter Circuit. Appellants' motion to reinstate appeal is granted. Appellant's brief due in forty days.

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

CA03-120. Richard L. Preston et al. v. University of Arkansas for Medical Sciences et al., from Pulaski Circuit, Seventh Division. Appellants' motion for extension of time to file conforming brief is granted.

CA03-222. Consumer Utilities 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 is granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CA03-357. Eplurivus West v. May Jo Williams et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to correct the record is granted. Record deemed corrected.

CA03-404. Thurman A. Hobbs et al. v. Lotsip, Inc., from Pulaski Circuit, Second Division. Appellants' motion for stay of enforcement of judgment pending appeal and approval of supersedeas is denied without prejudice. See Home Mutual Fire Ins. Co. v. Jones, 62 Ark. App. 182 (1998).

E03-106. Tamika Poole v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

PETITIONS FOR REHEARING:

CA02-212. Diane Harrison and Luv'n Joy Child Care Center v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division.

CA02-556. David Vallaroutto d/b/a Albertson's Liquor v. Alcoholic Beverage Control Board et al., from Pulaski Circuit, Second Division.

CA02-693. Gary Van DeVeer v. RTJ, Inc. d/b/a George's Flowers, from Benton Circuit.

CA02-832. Debra L. Burnett v. Philadelphia Life Insurance Company, from Conway Circuit.

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CACR01-367. Jan Doyle v. State of Arkansas, from Crittenden Circuit. Motion of Richard H. Young for attorney's fees.

CACR01-1249. Obdulio Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis for attorney's fees.

CACR02-1069. Larry Wilson v. State of Arkansas, from Izard Circuit. Motion of Michael Loggains for attorney's fees.

CACR03-375. Linda Davis v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to consolidate this appeal with CACR03-377.

CA02-1081. Kathleen Metzgar et al. v. David Rogers et al., from Crittenden Circuit. Appellants' motion to supplement the record and for brief time.

CA02-1303. Denver Lane Rice v. Johnia Lea Rice, from Saline Circuit. Appellant's motion to correct abstract and brief.

CA03-92. Van Buren Tire Company et al. v. Ricky Bean, from Workers' Compensation Commission. Appellee's motion to file belated brief and for brief time.

CA03-207. Jewel D. Johnson v. Carroll H. Griffin, from Saline Circuit. Appellee's motion to dismiss appeal.

CA03-229. David Reap v. Automation Systems, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file substituted brief.

CA03-244. Riverdale Development Company, LLC v. Ruffin Building Systems, Inc., from Pulaski Circuit, Fifth Division. Appellant's motion for continuance.

CA03-447. JLH v. State of Arkansas, from Pulaski Circuit, Eleventh Division. Appellant's motion for anonymity.

CACR02-509. Marvin W. Tull v. State of Arkansas, from Saline Circuit. Argued orally.

CA02-1033. Sammy Lynn Denton v. Clifton Pennington, from Faulkner Circuit. Argued orally.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-505. Dennis Earl Anthony v. State of Arkansas, from Garland Circuit.

CACR02-578. Lenzy McCullough v. State of Arkansas, from Cross Circuit.

CACR02-723. David Corey Turner v. State of Arkansas, from Crittenden Circuit.

CACR02-921. David M. Dye v. State of Arkansas, from Ashley Circuit.

CACR02-927. Ronald Joe West v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR02-956. Eric L. Shead v. State of Arkansas, from Washington Circuit.

CACR02-1009. Ronnie B. Lauderdale v. State of Arkansas, from Crittenden Circuit.

CACR02-1061. James E. Neal v. State of Arkansas, from Ouachita Circuit.

CACR02-1109. Jeff Bristow and Dana Bradford v. State of Arkansas, from Poinsett Circuit.

CA02-560. W. Michael Irby v. Connie Irby, from Faulkner Circuit.

CA02-721. Gordon Costner v. Beatrice Adams et al., from Cleburne Circuit.

CA02-851. Tracy Badger Anderson v. Ardella Roller, from Pulaski Circuit, Seventh Division.

CA02-987. Alcoholic Beverage Control Division et al. v. Helen Bethell, from Monroe Circuit.

CA02-995. Paul James Paschal v. Alice Paschal, from Washington Circuit.

CA02-1066. James Murphy v. Kristina Marie Crum Stone, from White Probate.

CA02-1113. Dennis Campbell v. Roy Huddle et al., from Arkansas Circuit, Northern District.

CA02-1146. Delora D. Cullum v. Jim Harris & Associates et al., from Workers' Compensation Commission.

CA02-1159. Emerald Development Company, LCC v. James E. McNeill et al., from Cleburne Circuit.

CA02-1170. Tom Harris v. Donna Harris, from Jefferson Circuit.

CA02-1183. Tina Bradley v. Conagra Foods et al., from Workers' Compensation Commission.

CA02-1209. Pat Salmon & Sons, Inc. et al. v. Steve Secrest, from Workers' Compensation Commission.

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

E03-26. William R. Lawrence v. Director et al.

E03-28. Tammy M. Hildreth v. Director et al.

E03-29. James Suber v. Director et al.

E03-30. Melton A. Byerly v. Director et al.

E03-31. Roger B. Moreland v. Director et al.

E03-32. King Catfish No. 1, LLC v. Director et al.

E03-33. Kelly J. Ryan v. Director et al.

E03-34. Lezlee Hobbs v. Director et al.

E03-35. Ray A. Peals, Jr. v. Director et al.

E03-36. Comfort Inn & Suites v. Director et al.

E03-37. Jerry L. Patterson v. Director et al.

E03-39. Charlotte Burns v. Director et al.