Advocat, Inc. v. Sauer (Brown, J.) 02-189

Damages -- Excessive-damages claim; compensatory damages shocked conscience of court; remittitur granted; total damage award for negligence & medical malpractice reduced; punitive damages shocked conscience of court; judgment affirmed on condition of remittitur. [HTML, WP5.1]

Baughman v. State (Arnold, C.J.) CR02-631

Evidence-- Substantial evidence presented; murder convictions affirmed; no abuse of discretion found in denial of motion for change of venue; motion for expanded juror questionnaire properly denied; no prejudice resulted. [HTML, WP5.1]

Booth v. State (Per Curiam) CR03-001

Appeal & error -- Appellee's motion to dismiss appeal granted; appellant's motion to file belated brief moot. [HTML, WP5.1]

Cortinez v. Arkansas Sup. Ct. Comm. on Prof'l Conduct (Thornton, J.) 02-822

Attorney & client -- Office of Proffesional Conduct did not exceed authority in preparing precedent for written findings & conclusions of law; supplemental abstract corrected any deficiency caused by appellant's failure to provide sufficient abstract; issue whether court should have required sufficient abstract was moot; Panel did not abuse discretion in failing to order restitution; petition prepared by Office of Professional Conduct contained signiificant misstatement of facts; Chairman did not abuse discretion in refusing to approve order imposing costs. [HTML, WP5.1]

Epting v. Precision Paint & Glass, Inc. (Hannah, J.) 02-790

Appeal & error -- Time limits imposed by Rule 60 no longer applicable to default judgments; rationale no longer exists for rule that order setting aside default judgment after ninety days is final appealable order; order setting aside default judgment, entered more than ninety days after default judgment was entered, was not final appealable order; appeal dismissed. [HTML, WP5.1]

Jones v. State (Per Curiam) CR03-401

Appeal & error -- Attorney failed to admit fault; motion for rule on clerk denied. [HTML, WP5.1]

Modlin v. State (Hannah, J.) CR02-784

Witnesses -- Child witness properly allowed to testify; testimony showed moral awareness of obligation to tell truth & ability to observe, remember & relate facts. [HTML, WP5.1]

Moses v. Hanna's Candle Co. (Hannah, J.) 02-748

Appeal & error -- No final order or Ark. R. Civ. P. 54(b) certification; appeal dismissed. [HTML, WP5.1]

Reed v. State (Corbin, J.) CR02-487

Substituted opinion on mootness of petition for rehearing delivered June 5, 2003; appears in syllabus that date. [HTML, WP5.1]

Russell v. State (Per Curiam) CR03-402

Motions -- Rule on clerk; good cause for granting. [HTML, WP5.1]

Taylor v. Taylor (Brown, J.) 02-887

Parent & child -- Custody; no changed conditions warranting modification; appellee's awareness of his superior financial situation & respective parties' educational background at time of custody agreement precluded finding of material change in circumstances; change of custody premised on appearances & potential for future teasing not warranted; order changing custodyreversed & remanded where great weight of evidence showed children were well-adjusted in their environment & not adversely affected by appellant's living arrangement. [HTML, WP5.1]

Thomas v. State (Per Curiam) CR03-406

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Valenzuela v. State (Per Curiam) CR03-373

Appeal & error -- Motion to file belated appeal denied. [HTML, WP5.1]

Walker v. State (Arnold, C.J.) CR02-955

Evidence -- Evidence sought to be introduced highly speculative & conjectural; evidence clearly inadmissible; denial of motion in limine affirmed; trial court did not abuse its discretion in sentencing appellant on capital murder convictions & their underlying felonies; appellant's sentence's were affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anderson v. Hudson, CR 03-366 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 1, 2003. [HTML, WP5.1]

Arnold v. Proctor, CR 03-309 (Per Curiam), Motion to Hold Respondent in Contempt and for Other Relief denied; Pro Se Petition for Writ of Mandamus moot May 1, 2003. [HTML, WP5.1]

Brady v. State, CR 00-929 (Per Curiam), affirmed May 1, 2003. [HTML, WP5.1]

Crain v. Williams, CR 03-367 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 1, 2003. [HTML, WP5.1]

Gaines v. State, CR 02-747 (Per Curiam), Pro Se Motion for Reconsideration dismissed May 1, 2003. [HTML, WP5.1]

Hodges v. Norris, Larry, 02-786 (Per Curiam), Pro Se Motion to Correct Per Curiam Opinion denied May 1, 2003. [HTML, WP5.1]

Johnson v. Burnett, CR 03-246 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 1, 2003. [HTML, WP5.1]

McGuire v. Norris, Larry, 02-1222 (Per Curiam), Pro Se Petition for Rehearing dismissed May 1, 2003. [HTML, WP5.1]

Mitchell v. State, CR 03-69 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot May 1, 2003. [HTML, WP5.1]

Stepps v. State, CA CR 00-1379 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Photocopy of Transcript at Public Expense denied May 1, 2003. [HTML, WP5.1]

Walker v. State, CR 03-195 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied May 1, 2003. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

CR02-631. James Arnold Baughman v. State of Arkansas, from Benton Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

CR02-955. Antonio Dewayne Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR02-487. Albert Reed v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed as Modified. Brown, J., not participating. Substituted opinion on mootness of petition for rehearing delivered June 5, 2003; appears in syllabus that date. (8 PAGES PUBLISHED) [HTML, WP5.1] 

ROBERT L. BROWN, JUSTICE:

02-189. Advocat, Inc.; Diversicare Leasing Corporation, d/b/a Rich Mountain Nursing and Rehabilitation Center; and Diversicare Management Services Company v. Lon C. Sauer, Individually, and As Administrator of the Estate of Margaretha Sauer, Deceased, and On Behalf of the Wrongful Death Beneficiaries of Margaretha Sauer, from Polk Circuit. Affirmed on Condition of Remittitur. Corbin, J., not participating. (40 PAGES PUBLISHED) [HTML, WP5.1]

02-887. Rexayne Taylor v. Scott W. Taylor, from Union Circuit. Reversed and Remanded. (16 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-822. Robert R. Cortinez, Sr. v. Arkansas Supreme Court Committee on Professional Conduct, from the Arkansas Supreme Court Committee on Professional Conduct — Panel C. Affirmed. Glaze and Hannah, JJ., dissent. Corbin, J., not participating. (11 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-784. Ricky Dean Modlin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

02-748. Angelique Voss Moses v. Hanna's Candle Company, from Washington Circuit. Appeal Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

02-790. Mark Epting v. Precision Paint & Glass, Inc., from Jackson Circuit. Appeal Dismissed. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR00-929. Orange Edward Brady v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

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

03-281. Virginia Dovers v. Stephenson Oil Company, Inc. et al., from Pulaski Circuit, Second Division. Corbin, J., not participating.

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

CR03-345. Curtis Brown v. State of Arkansas, from Nevada Circuit.

03-353. Dorothy Jones v. Director, Employment Security Division, from Board of Review.

03-354. Michael E. Hall v. Caroline I. Hall, from Pulaski Circuit, Seventeenth Division.

03-355. Bob James Craig v. Jessica Barajas Coffman, from Benton Circuit.

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CR03-1. Derrick Lamont Booth v. State of Arkansas, from Hempstead Circuit. Appellee's motion to dismiss appeal is granted; appellant's motion to file a belated brief is moot. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Motion to file belated appeal denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR02-101. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal is granted.

CACR02-999. Terry Dale Head v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to certify appeal to the Supreme Court is denied.

CR03-401. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Motion for rule on clerk is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-402. Bobby Russell v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-406. Kenneth Bernard Thomas v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-1337. Summit Mall Company, LLC et al. v. Russell Lemond et al., from Pulaski Circuit, Seventeenth Division. Appellees' motion to stay briefing schedule is granted.

02-1337. Summit Mall Company, LLC et al. v. Russell Lemond et al., from Pulaski Circuit, Seventeenth Division. Motion for expansion of page limit on appellees' brief is granted.

03-232. AJ&K Operating Company, Inc. et al. v. Grover Smith et al., from Union Circuit. Appellees' expedited motion to correct the record is granted.

CACR00-1379. Stacey Stepps v. State of Arkansas, from Lonoke Circuit. Pro se motion for reconsideration of motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-747. Anthony Gaines v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for reconsideration. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-69. Randy D. Mitchell v. State of Arkansas, from Independence Circuit. Pro se motion for extension of time to file brief. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-195. Kenneth Walker v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-246. Clyde Johnson v. Honorable David Burnett, Judge, from Crittenden Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-309. Vera Arnold v. Honorable Willard Proctor, Judge, from Pulaski Circuit, Fifth Division. Pro se petition for writ of mandamus and motion to hold respondent in contempt and for other relief. Motion to hold respondent in contempt and for other relief denied; petition for writ of mandamus moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-366. James Ken Anderson v. Honorable Jim Hudson, Judge, from Miller Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-367. Billy Reece Crain v. Honorable Chris Williams, Judge, from Grant Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-786. Michael Britt Hodges v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion to correct per curiam opinion. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-1222. Michael Joe McGuire v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se petition for rehearing. Petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

CR02-1013. Jimmy R. Smart, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

02-321. Arkansas Department of Environmental Quality v. Brighton Corporation, from Jefferson Circuit.

02-602. Scipio Johnson et ux. v. Union Pacific Railroad Company et al., from Jefferson Circuit.

02-1096. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division.

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PETITIONS FOR REVIEW:

03-187. Edmundo Rogers v. Cynthia Rogers, from Benton Circuit.

03-347. Judi Tomlin v. Wal-Mart Stores, Inc., from Pulaski Circuit, Third Division.

03-362. Mark McGhee et ux. v. Jim Witcher et ux., from Pulaski Circuit, Thirteenth Division.

03-378. Jo Ann Marshall v. Director, Arkansas Employment Security Department, from Board of Review.

03-386. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division.

03-408. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit.

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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 consolidate the record.

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 for parties' attention to case CR93-284 and to recall opinion.

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

CR03-21. Johnny L. Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for reconsideration.

CR03-201. Terry D. Anderson v. State of Arkansas, from Independence Circuit. Appellee's motion to dismiss appeal.

CR03-421. Phillip Parmley v. Honorable John Homer Wright, Judge, from Garland Circuit. Petition for writ of prohibition.

CR03-426. Perry Lamar Atkins v. State of Arkansas, from Benton Circuit. Motion for rule on clerk.

CA02-1189. Jamai Weber Blivin v. Blake H. Weber, from Pulaski Circuit, Fourteenth Division. Appellee's motion to certify to Arkansas Supreme Court.

02-1197. William B. Finagin et al. v. Arkansas Development Finance Authority, from Lafayette Circuit. Motion of Arkansas Department of Economic Development to file amicus curiae brief.

03-156. Longview Production Company v. Dub Dubberly et al., an Original Action. Petitioner's motion to dismiss proceedings.

03-399. Teresa Davis v. Corliss M. Williamson, from Washington Circuit. Motion for rule on clerk.

03-427. Omar Almobarak v. Darryl McCoy et ux., from Benton Circuit. Motion for rule on clerk.

03-429. Sherry D. Wilmans v. Sears, Roebuck and Co., from Pulaski Circuit, Third Division. Petition for writ of certiorari to complete the record.

CR02-407. State of Arkansas v. Mariea Ann Hardiman, from Pulaski Circuit, Seventh Division.

CR02-432. Darren Gates v. State of Arkansas, from Crittenden Circuit.

CR02-691. State of Arkansas v. Steven R. Pinell, from Drew Circuit.

CR02-1002. Johnny Walley v. State of Arkansas, from Union Circuit.

CR02-1297. Mark Allen Elser v. State of Arkansas, from Crawford Circuit.

02-1046. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division.