Abramson v. Eldridge (Per Curiam) 03-450

Certiorari -- Correctness of attorney's fees; writ granted for single issue. [HTML, WP5.1]

Bank of Am., N.A. v. C.D. Smith Motor Co. (Glaze, J.) 02-632

Contracts -- Course-of-dealing evidence not precluded by parties' agreement & merger clause where collection practices merely supplemented agreement; trial court did not err in admitting course-of-dealing evidence; sufficient evidence supported jury's finding that appellant bank accepted contract knowing that appellee would reasonably expect appellant to make good loss incurred by reason of special circumstances in event of failure to perform; evidence sufficient for jury to decide appellant bank tacitly agreed to pay special damages; evidence substantial from which jury could conclude that appellant bank's breach of contract caused appellee's damages; trial court did not err in finding appellant bank had extended credit to appellee, who was thus prevented from seeking punitive damages; postjudgment-interest issue remanded for trial court to determine what Federal Reserve Discount Rate was at time of contract. [HTML, WP5.1]

Finagin v. Arkansas Dev. Fin. Auth. (Per Curiam) 02-1197

Appeal & error -- Motions for Substituted Brief & Stay of Time granted. [HTML, WP5.1]

Ford Motor Co. v. Harper (Thornton, J.) 01-1286

Appeal & error -- Appeal of interlocutory order would have allowed piecemeal litigation; appeal dismissed. [HTML, WP5.1]

Gates v. State (Thornton, J.) CR02-432

Criminal law -- Act 1569 of 1999 not in effect at time of original crime; appellant's plea of guilty, coupled with fine & probation, constituted conviction, thereby depriving trial court of subject-matter jurisdiction to amend or modify original sentence; orders reversed; case remanded. [HTML, WP5.1]

Grillot v. State (Imber, J.) CR01-792

Motions -- Directed verdict; appellant failed to address lesser-included offense by name or elements; defendant must anticipate instruction of lesser-included offenses; sufficient evidence to support aggravated robbery & theft-of-property convictions; circuit court's ruling on voluntariness of confession not clearly against preponderance of evidence; denial of motion to suppress not clearly against preponderance of evidence; capital-murder instruction harmless where jury rejected charge; evidence supported giving instruction on lesser-included offense of first-degree murder. [HTML, WP5.1]

Lenders Title Co. v. Chandler (Hannah, J.) 02-936

Action -- Class action; timely request for findings & conclusions made; trial court reversed where findings & conclusions not made; class-certification order not final for purposes of appeal; interlocutory appeal from class-certification order limited to arguments on whether trial court abused its discretion in certifying class under Rule 23; denial of motion to dismiss not reviewable; portion of appeal dismissed. [HTML, WP5.1]

McCoy v. Crumby (Brown, J.) 02-810

Courts -- Aka decision clearly to be applied prospectively only from date decision was final, June 21, 2001; appellant's complaint properly dismissed where accident occurred more than one year prior to decision. [HTML, WP5.1]

Newman v. State (Brown, J.) CR02-811

Criminal procedure -- Appellant waived right to appear in street clothes & expressly requested to remain shackled throughout trial; no error found; no abuse of discretion in gagging appellant during prosecutor's closing argument; appellant initiated contact with defendant; motion to strike properly denied; ; photographs helped jury understand injuries sustained; no abuse of discretion found; circuit court refused to entertain appellant's guilty plea; no prejudicial error found; prosecutor's statements in closing argument plausible; no error found; sufficient evidence of aggravating circumstances found; substantial evidence existed that murder was committed in cruel & depraved manner. [HTML, WP5.1]

Pilcher v. State (Per Curiam) CR02-549

Appeal & error -- Rebriefing ordered where argument portion of appellant's brief was deficient. [HTML, WP5.1]

Rogers v. State (Per Curiam) CR03-485

Attorney & client -- Attorney may not abandon appeal unless relieved by appellate court; Motion for Rule on Clerk denied. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Chatman v. State, CR 03-407 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief dismissed May 22, 2003. [HTML, WP5.1]

Copeland v. State, CR 03-180 (Per Curiam), Pro Se Motion for Belated Appeal of Order moot; Request for Appointment of New Counsel denied May 22, 2003. [HTML, WP5.1]

Durham v. Putman, CR 02-1028 (Per Curiam), Pro Se Amended Petition for Writ of Mandamus moot May 22, 2003. [HTML, WP5.1]

Faulkens v. State, CR 01-907 (Per Curiam), Pro Se Motion for Photocopy of Record at Public Expense denied May 22, 2003. [HTML, WP5.1]

Rice v. State, CR 03-279 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Appeal of Order denied May 22, 2003. [HTML, WP5.1]

Townsend v. State, CR 02-1130 (Per Curiam), Pro Se Motion to Relieve Counsel and for Appointment of New Counsel and Pro Se Petition for Writ of Certiorari denied; pro se supplemental brief date extended May 22, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-632. Bank of America, N.A. v. C.D. Smith Motor Company, Inc., from Jefferson Circuit. Affirmed in Part; Reversed and Remanded in Part. (25 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR02-811. Rickey D. Newman v. State of Arkansas, from Crawford Circuit. Affirmed. (37 PAGES PUBLISHED) [HTML, WP5.1]

02-810. Gayla McCoy and Archie McCoy, Individually; and Archie McCoy, as Administrator of the Estate of Houston Alexander McCoy, Deceased; and Kenneth Brindley, a Minor, by His Mother and Next Friend, Gayla McCoy v. Kathy A. Crumby, and Southern Farm Bureau Casualty Insurance Company, Inc., from Hot Spring Circuit. Affirmed. Imber, J., dissents. Corbin, J., not participating. (7 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-792. Eric Z. Grillot v. State of Arkansas, from Van Buren Circuit. Affirmed. Thornton and Hannah, JJ., concur in part and dissent in part. Corbin, J., not participating. (27 PAGES + 10-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR02-432. Darren Gates v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

01-1286. Ford Motor Company, North Point Ford, Inc. v. The Reverend Milton Harper, Janice Harper, Upper Room Apostolic Church, and Leon Dulemer, from Pulaski Circuit, Third Division. Dismissed. Glaze, J., concurs. (4 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

02-936. Lenders Title Company v. Don Chandler, Individually and On Behalf of Other Persons Similarly Situated, from Garland Circuit. Reversed and Remanded in Part; Dismissed in Part. Imber, J., concurs. Glaze, J., dissents. Corbin, J., not participating. (12 PAGES + 2-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

03-430. Debra L. Burnett v. Philadelphia Life Insurance Company, from Conway Circuit. Corbin, J., not participating.

03-443. David Vallaroutto d/b/a Albertson's Liquor v. Alcoholic Beverage Control Board et al., from Pulaski Circuit, Second Division. Corbin, J., not participating.

03-445. The Estate of Daisy Byrd v. Lohnes Tommy Tiner, from Jackson Circuit. Corbin, J., not participating.

03-446. Gary Van DeVeer v. RTJ, Inc., d/b/a George's Flowers, from Benton Circuit. Corbin, J., not participating.

03-469. Diane Harrison and Luv `N Joy Child Care Center v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Corbin, J., not participating.

*****************************

CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit. Rebriefing ordered. See per curiam this date. Corbin, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR03-485. Jason Rogers v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk. Motion denied. See per curiam this date. Corbin, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR03-487. Johnny Dean Johnson v. State of Arkansas, from Stone Circuit. Motion to withdraw as counsel is denied. Corbin, J., not participating.

02-1197. William B. Finagin et al. v. Arkansas Development Finance Authority, from Lafayette Circuit. Appellants' motion for supplemental abstract and increase of page limit and motion to stay time to file reply brief. Motions granted. See per curiam this date. Corbin, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-450. Jay Abramson v. Michelle Eldridge, from Arkansas Circuit, Southern District. Motion for rule on the clerk. Motion denied as to the appeal of December 16, 2002, order; motion granted as to the December 30, 2002, order. See per curiam this date. Corbin, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR02-964. James Hutts v. State of Arkansas, from Yell Circuit, Northern District. Motion for extension of time to file petition for writ of certiorari. Granted 30 days. Corbin, J., not participating.

CA02-1339. Lucretia Williams et al. v. Blissard Management & Realty, Inc., from Pulaski Circuit, Seventh Division. Appellants' motion to transfer to the Supreme Court is denied. Corbin, J., not participating.

CR03-365. Robert T. Demers v. Honorable Chris E. Williams, Judge, from Hot Spring Circuit. Pro se motion for reconsideration is denied. Corbin, J., not participating.

CR03-365. Robert T. Demers v. Honorable Chris E. Williams, Judge, from Hot Spring Circuit. Pro se motion for appointment of counsel is denied. Corbin, J., not participating.

03-492. Manila School District No. 15 et al. v. Honorable Victor Hill, Judge, from Mississippi Circuit, Chickasawba District. Petition for writ of certiorari is denied. Corbin, J., not participating.

03-495. Robert N. Dunn, M.D. v. Quorum Health Resources, Inc., from Howard Circuit.

Motion for rule on clerk is denied. Corbin, J., not participating.

CR01-907. Brian L. Faulkens v. State of Arkansas, from Crittenden Circuit. Pro se motion for photocopy of record at public expense. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1028. James Randall Durham v. Honorable John Putman, Judge, from Baxter Circuit. Pro se amended petition for writ of mandamus. Petition moot. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Pro se motion to relieve counsel and for appointment of new counsel and pro se petition for writ of certiorari. Motion and petition denied; pro se supplemental brief date extended. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Pro se motion for belated appeal of order and request for appointment of new counsel. Motion for belated appeal moot; request for appointment of new counsel denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-279. Joseph Daniel Rice v. State of Arkansas, from Independence Circuit. Pro se motion for rule on clerk to proceed with appeal of order. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-407. Billy Chatman v. State of Arkansas, from Fulton Circuit. Pro se motion for extension of time to file appellant's brief. Motion dismissed. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CR02-487. Albert Reed v. State of Arkansas, from Pulaski Circuit, Seventh Division.

*****************************

PETITIONS FOR REVIEW:

CR03-517. Allen Lampkin v. State of Arkansas, from Pulaski Circuit, First Division.

03-470. Judy Beaver et al. v. John Q. Hammons Hotels, Inc. et al., from Sebastian Circuit, Fort Smith District.

03-483. Neil D. Williams v. Brown's Sheet Metal, from Workers' Compensation Commission.

*****************************

CR93-284. Gary Cloird, a/k/a Saba Ka Makkali, a/k/a Simba Kali v. State of Arkansas and Greg Harmon, Warden, from Jefferson Circuit. Pro se motion to supplement the record.

CR02-622. Brian Winston v. State of Arkansas, from Phillips Circuit. Appellant's motion to supplement the record.

CR02-916. Robert L. Williams v. State of Arkansas, from Ashley Circuit. Appellee's motion to stay brief time.

CR02-1186. Danny Amond Cromeans v. State of Arkansas, from Lafayette Circuit. Motion to be relieved as counsel.

02-714. Lovelle Chidester et ux. v. Estelle Thorbes, from Jefferson Circuit. Motion for reconsideration.

02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellee's motion for oral argument.

03-523. Bill Bates d/b/a Clear Water Drilling v. David Gilbert d/b/a Hardrock Drilling, from Polk Circuit. Appellant's motion to file belated petition for review.

SUBMISSIONS

01-1228. Gale Hussman Arnold v. Camden News Publishing Company et al., from Pulaski Circuit, Thirteenth Division. Argued orally.

CR02-915. Steve Robinson v. State of Arkansas, from Lincoln Circuit.

CR02-1150. Robert Hoover v. State of Arkansas, from Drew Circuit.

02-998. Arkansas Department of Human Services v. Beverly Schroder, from Pulaski Circuit, Sixth Division.

02-1259. Travelers Casualty & Surety Company of America v. Arkansas State Highway Commission et al., from Pulaski Circuit, Second Division.

02-1312. Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, from Arkansas Public Service Commission.