Atkinson v. Knowles (Robbins, J.) CA02-1257

Wills -- Unprobated will; Ark. Code Ann. § 28-40-104(b)(2) allowed evidence of testator's intention that appellee was owner of safe deposit box. [HTML, WP5.1]

Avaya v. Bryant (Roaf, J.) CA02-1122

Workers' compensation -- Commission's decision supported by substantial evidence; affirmed; directive could not apply to Table 27; Commission correctly found that objective medical evidence warranted 19% impairment rating pursuant to AMA Guides. [HTML, WP5.1]

BAAN, U.S.A. v. USA Truck, Inc. (Stroud, C.J.) CA02-1137

Contracts -- Forum-selection clause; contacts & connections with California sufficient for enforcement; appellee had not rescinded contract as matter of law because it did not return benefits received under contract; appellant entitled to attorney's fees where it prevailed on breach-of-contract counterclaim; trial court erred in denying appellant's request to enforce forum-selection clause; reversed & dismissed. [HTML, WP5.1]

Gamble v. State (Hart, J.) CACR02-965

Criminal law -- Felon in possession of firearm; appellant Gamble's conviction reversed & dismissed where evidence was not substantial that he constructively possessed handgun under front passenger seat; appellant Mosley's conviction affirmed where substantial evidence supported his conviction. [HTML, WP5.1]

Hudson v. Cook (Vaught, J.) CA02-263

Conversion -- Value of property adequately established by appellee's testimony; no error in trial court's failing to direct verdict; adequate evidence of damages provided to support jury's finding; punitive-damage award affirmed; no proof that funds were formally assigned to counsel prior to writ of garnishment being served; trial court affirmed; punitive-damages award not grossly excessive or result of passion or prejudice; reversal of remittur justified. [HTML, WP5.1]

Jones v. State (Griffen, J.) CACR02-1123

Evidence -- Chain of custody; trial court did not abuse discretion in admitting exhibits concerning controlled substance seized in appellant's trunk where weight discrepancy was explained by testimony; trial court did not abuse discretion in admitting challenged evidence. [HTML, WP5.1]

Polk v. State (Stroud, C.J.) CACR02-1264

Criminal law -- Theft of property; value evidence more than sufficient to support verdict. [HTML, WP5.1]

Rutledge v. Christ Is the Answer Fellowship, Inc. (Gladwin, J.) CA02-1249

Appeal & error -- Judgment did not comply with Ark. R. Civ. P. 54(b); merely tracking language of ruling did not suffice; certificate did not conform to requirements of rule; appeal dismissed without prejudice. [HTML, WP5.1]

Tripp v. Miller (Griffen, J.) CA01-365

Trusts -- Constructive trust; assertions concerning alleged agreement between appellant & deceased were insufficient for imposition of constructive trust; reliance upon Ark. Code Ann. § 18-12-603 was unnecessary where deed was clear & unambiguous in creating joint tenancy; money judgment against appellant reversed where there was nothing for which appellant could have been unjustly enriched. [HTML, WP5.1]

Waldron Nursing Center, Inc. v. Arkansas Dep't of Human Servs. (Crabtree, J.) CA02-946

Administrative law & procedure -- failure to exhaust administrative remedies; circuit court never acquired jurisdiction; appeal dismissed. [HTML, WP5.1]

Miller v. The Kroger Co. (Roaf, J.) CA02-480

Torts -- Disputed facts were material to issue of knowing concealment; trial court erred in granting summary judgment to appellee on malicious prosecution claim; false imprisonment; summary judgment properly granted; evidence insufficient to sustain claim of outrage. [HTML, WP5.1]

Burmeister v. Richman, CA 02-899 (Stroud, C.J.), affirmed May 21, 2003. [HTML, WP5.1]

Conic v. State, CA CR 02-1120 (Robbins, J.), affirmed May 21, 2003. [HTML, WP5.1]

Dayberry v. State, CA CR 02-301 (Crabtree, J.), reversed and remanded May 21, 2003. [HTML, WP5.1]

Goforth v. State, CA CR 02-1035 (Gladwin, J.), affirmed May 21, 2003. [HTML, WP5.1]

Murphy v. Stone, CA 02-1066 (Hart, J.), affirmed May 21, 2003. [HTML, WP5.1]

Robinson v. State, CA CR 02-1185 (Neal, J.), affirmed May 21, 2003. [HTML, WP5.1]

St. Mary's Hosp. Sisters of Mercy Health Sys. v. Casso, CA 02- 1236 (Griffen, J.), affirmed May 21, 2003. [HTML, WP5.1]

Wineland v. Wal-Mart Stores, Inc., CA 02-1304 (Hart, J.), appeal dismissed May 21, 2003. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-1264. Raymond Polk v. State of Arkansas, from Garland Circuit. Affirmed. Pittman and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-899. Sandra Burmeister and Keith Hutchinson v. Maxyne L. Richman, from Benton Circuit. Affirmed. Pittman and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1137. BAAN, U.S.A. v. USA Truck, Inc., from Crawford Circuit. Reversed and Dismissed. Robbins and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-965. Ricky Gamble and Shawn Mosley v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Reversed and Dismissed in Part. Bird and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1066. James Murphy v. Kristina Marie Crum Stone and Brian Frederick Stone, from White Circuit. Affirmed. Griffen and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1304. Stacy Wineland v. Wal-Mart Stores, Inc., from Greene Circuit. Appeal Dismissed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-1035. Samuel Wayne Goforth v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1249. Norma Rutledge v. Christ is the Answer Fellowship, Inc., from Jefferson Circuit. Dismissed. Robbins and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-1120. Roderick Conic v. State of Arkansas, from Chicot Circuit. Affirmed. Gladwin and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1257. Ivan Atkinson and J. Gene Atkinson v. Bonnie Knowles, from Benton Circuit. Affirmed. Gladwin and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-1123. Mitchell Jones v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA01-365. Billie Tripp v. C.L. Miller, Administrator of the Estate of Cathy Ann Miller, Deceased, and C.L. Miller, Individually, from Independence Circuit. Affirmed in Part; Reversed and Remanded in Part. Vaught and Crabtree, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1236. St. Mary's Hospital Sisters of Mercy Health System v. Sandra Casso, from Workers' Compensation Commission. Affirmed. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-1185. Latarris Keith Robinson v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-263. Charles R. Hudson, Jr.; Deborah Tidwell Hudson and Routh Wrecker Service, Inc. v. Keith Cook, from Pulaski Circuit. Affirmed on Direct Appeal; Reversed and Remanded on Cross-Appeal. Griffen and Crabtree, JJ., agree. (20 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-301. Gary Lee Dayberry v. State of Arkansas, from Stone Circuit. Reversed and Remanded. Griffen and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-946. Waldron Nursing Center, Inc. v. Arkansas Department of Human Services, Office of Long-Term Care, from Pulaski Circuit. Dismissed. Griffen and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA02-1122. Avaya (Lucent Technologies) & Reliance National Insurance v. Cleaster Bryant, from Workers' Compensation Commission. Affirmed. Hart and Bird, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

 CACR02-458. James M. Rogers and Brenda D. Rogers v. State of Arkansas, from Hot Spring Circuit.

CA02-480. Marqueta Miller v. The Kroger Company and Lisa Baker, from Faulkner Circuit. See substituted opinion this date. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Motion of Frank B. Newell to be relieved as counsel for appellant is granted.

CACR02-47. Clyde Mathew Folkes v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes for attorney's fees is granted. Allowed $750.00.

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 is denied. Appellant's brief due in thirty days.

CACR02-674. James Robert Lord v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $600.00.

CACR02-800. Shirley Tyus v. State of Arkansas, from Faulkner Circuit. Motion of Maureen Hazinski Harrod for attorney's fees is granted. Allowed $750.00.

CACR02-846. Billy Frank Brown v. State of Arkansas, from Cleveland Circuit. Motion of Steven R. Davis for attorney's fees is granted. Allowed $750.00.

CACR02-1040. Kenneth Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for copy of decision is denied. Crabtree, J., would grant. Roaf, J., would deny without prejudice.

CACR02-1198. Johnny McClain v. State of Arkansas, from Crawford Circuit. Motion of Clay T. Buchanan for attorney's fees is granted. Allowed $750.00.

CACR03-241. Derrick D. Marshall v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $300.00.

CA02-263. Charles R. Hudson, Jr. v. Keith Cook, from Pulaski Circuit, Sixth Division. Appellee's motion for attorney's fees and costs is granted. Allowed $100.00. See opinion this date.

CA02-585. Jennifer Burt v. Arkansas Department of Human Services et al., from Pulaski Circuit, Tenth Division. Appellant's motion for attorney's fees and costs is denied without prejudice for counsel to file itemized time and costs statements.

CA02-869. Bill Bates d/b/a Clear Water Drilling v. David Gilbert d/b/a Hardrock Drilling, from Polk Circuit. Appellant's motion to recall mandate is denied.

CA02-968. Rheem Manufacturing Company et al. v. Jerry Thomas, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion for reconsideration of denial of motion to dismiss appeal is granted. Motion to dismiss passed until case is submitted.

CA02-1227. Chrisshannon Walters v. Arkansas Department of Human Services et al., from Pulaski Circuit, Eighth Division. Appellant's motion for attorney's fees and costs is denied without prejudice for counsel to file itemized time and costs statements.

CA02-1304. Stacy Wineland v. Wal-Mart Stores, Inc., from Greene Circuit. Appellee's motion to strike argument in appellant's reply brief is moot. See opinion this date.

CA03-168. Rosie Collier Harrison v. Willie Davis, from Pulaski Circuit, Tenth Division. Appellant's motion to file belated brief and for brief time is granted.

CA03-341. Dorothy Marguerite Zahnd v. Wesley C. May, from Pulaski Circuit, Sixteenth Division. Appellee's amended motion to complete the record and for brief time is granted. Record to be completed within thirty days. Appellee's brief due thirty days thereafter. Pittman, Griffen, Neal, and Roaf, JJ., would deny.

CA03-454. Marlene Sheppard v. Robert Speir, from Washington Circuit. Motion of Sarah M. Leflar to be relieved as counsel for appellant is granted.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CACR02-279. Jerry Brown v. State of Arkansas, from Pulaski Circuit, Fifth Division.

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

CA02-901. Willien Wesley, Mary Bosley and Tommy Jones v. Estate of Joseph "Joe" Bosley, Deceased, et al., from Pulaski Circuit, Seventeenth Division.

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CACR02-301. Gary Lee Dayberry v. State of Arkansas, from Stone Circuit. Motion of James E. Hensley, Jr., to be relieved as counsel for appellant.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion to file pro se reply brief.

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

CACR02-1163. Michael Andrew Bullard v. State of Arkansas, from Dallas Circuit. Appellant'smotion to accept belated transcript.

CACR02-1195. Edward Henry Buie v. State of Arkansas, from Garland Circuit. Appellant's motion to file brief despite noncompliance with new provisions of Arkansas Supreme Court Rule 4-1(a) and 4-2(a)(1).

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to file brief despite noncompliance with new provisions of Arkansas Supreme Court Rule 4-1(a) and 4-2(a)(1).

CACR03-324. Anthony Waits v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of James P. Clouette to withdraw as counsel for appellant and motion of Gregory E. Bryant to be substituted as counsel for appellant and for new briefing schedule.

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Appellant's pro se motion to relieve counsel and for appointment of new counsel.

CA02-1088. Harbour Distributing Company et al. v. Joseph Caldarera, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA03-24. Clifford Allen v. Muriel Allison et al., from Crittenden Circuit. Appellant's motion to file belated brief and for writ of certiorari to complete the record.

CA03-502. Marjorie E. Walker v. Mildred V. Russell, from Garland Circuit. Appellee's motion to dismiss appeal.

SUBMISSIONS

CA02-1072. Rosemarie Clampitt v. Starving Students, Inc., from Crittenden Circuit. Argued orally.

CACR02-845. Marion Lynn Renfroe v. State of Arkansas, from White Circuit.

CACR02-942. Douglas Wilson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR02-1005. Robert Spears v. State of Arkansas, from Miller Circuit.

CACR02-1040. Kenneth Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-1093. Steven Swanigan v. State of Arkansas, from Garland Circuit.

CACR02-1097. Susan Barnes v. State of Arkansas, from Crittenden Circuit.

CACR02-1153. Tyrone Brown v. State of Arkansas, from Ashley Circuit.

CACR02-1184. Damon Charles Owen and Mark Allen Fletcher v. State of Arkansas, from Drew Circuit.

CA02-778. Charlotte Strickland v. Primex Technologies et al., from Workers' Compensation Commission.

CA02-853. Francis Carson et ux. v. County of Drew, from Drew Circuit.

CA02-980. James Hemund et ux. v. Roy C. Tigue et ux., from Montgomery Circuit.

CA02-1017. Don Bramlett v. Sonny Brumble et ux., from Randolph Circuit.

CA02-1105. Angela Hampton v. Arkansas Department of Human Services, from Ashley Circuit.

CA02-1114. Summer Bryans v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division.

CA02-1151. Dodson Christian v. Joye Christian (Trimble), from Pulaski Circuit, Sixteenth Division.

CA02-1226. Sodexho Marriott et al. v. Jefferson Regional Medical Center et al., from Workers' Compensation Commission.

CA02-1250. Guy Stone v. The Estate of Ozelle Thomasson et al., from Pike Circuit.

CA02-1314. U. S. Fidelity & Guaranty Company et al. v. Lasiter Construction, Inc., from Pulaski Circuit, Sixth Division.

CA02-1315. Christopher T. Pry v. Delta Consolidated Industries, from Workers' Compensation Commission.

CA02-1324. Marvin DeBoer et al. v. Entergy of Arkansas, Inc. et al., from Faulkner Circuit.

CA03-10. Edna Cross v. Magnolia Hospital et al., from Workers' Compensation Commission.

CA03-199. Bob J. Walker et ux. v. Community Water System, Inc., from Faulkner Circuit.

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

 E03-43. Kimberly Kenney v. Director et al.

E03-45. Timothy Rosson v. Director et al.

E03-50. Evelyn D. Moore v. Director et al.

E03-54. Curtis M. Johnson v. Director et al.

E03-55. K. Quentin Toler v. Director et al.

E03-57. Bright Star School District #6 v. Director et al.

E03-58. Charles Alford v. Director et al.

E03-61. Lipscomb Oil Company, Inc. v. Director et al.

E03-62. Pro Transportation, Inc. v. Director et al.

E03-64. Cherika Williams v. Director et al.

E03-65. Teressea D. Davis v. Director et al.

E03-67. Gene E. Wentz v. Director et al.