Death & Perm. Total Disab. Trust Fund v. Branum (Neal, J.) CA02-1294

Workers' compensation -- Decision supported by substantial evidence; appellant bound by previous opinion. [HTML, WP5.1]

Gunter v. Director (Neal, J.) E03-49

Unemployment compensation -- Board's findings not supported by substantial evidence; reversed & remanded. [HTML, WP5.1]

Harris v. Harris (Griffen, J.) CA02-1170

Divorce -- Payment of child support past age of majority; intent of parties was that appellant's child-support obligation would cease upon each child reaching age of majority; appellant made prima facie showing of change of circumstances; trial court erred; reversed & remanded. [HTML, WP5.1]

Merritt v. State (Crabtree, J.) CACR02-808

Criminal law -- Justification; not available as defense to charge for offense fo which recklessness suffices to establish culpability; trial court did not err in refusing instruction that would have made justification defense to offenses of first- & second-degree assault. [HTML, WP5.1]

Northport Health Servs., Inc. v. Owens (Crabtree, J.) CA02-875

Defamation -- Suspected cases of abuse or neglect required to be reported; publication found to have occurred; appellants failed to pursue motions for summary judgment & proceeded to trial; immunity argument waived; evidence of damage to appellees' reputations sufficient; damages not excessive; public policy exception to general employment-at-will rule applicable; wrongful discharge could have been legitimately found; trial court affirmed. [HTML, WP5.1]

Rebsamen v. Rebsamen (Griffen, J.) CA02-1384

Parent & child -- Relocation of custodial parent; Arkansas's jurisprudence & policy considers preservation & maintenance of parent-child relationship between child & noncustodial parent; visitation for son structured after grant of relocation to custodial parent; no error found; concerns outweighed by importance of fostering good relationship between child & noncustodial parent. [HTML, WP5.1]

Williams v. Williams (Pittman, J.) CA02-453

Divorce -- Child support; trial judge did not abuse discretion under circumstances in setting support in accordance with presumptive amount derived from chart; trial court did not abuse discretion in requiring appellant to make mortgage payments on family home until youngest child finished high school; assignment of certain marital debts to appellant did not constitute unequal distribution of marital property; Ark. Code Ann. § 9-12-315(Repl. 2002) does not require mathematical precision in property division; trial judge's adoption of valuation of business offered by appellant's expert not clearly erroneous. [HTML, WP5.1]

Winbush v. State (Baker, J.) CACR02-864

Criminal law -- First-degree murder; substantial evidence supported appellant's conviction; failure to request admonition concerning prospective juror's comment could not benefit appellant on appeal; trial court did not err in admitting photograph of victim at scene of shooting; witness's statement was offered for truth of matter asserted & should have been excluded; admission of testimony was harmless error where evidence of guilt was overwhelming. [HTML, WP5.1]

Chrysler Fin. Co. v. East, CA 02-1230 (Stroud, C.J.), reversed and remanded May 28, 2003. [HTML, WP5.1]

City of Van Buren v. Fitzer, CA 02-1323 (Hart, J.), affirmed May 28, 2003. [HTML, WP5.1]

Eash v. FM Corp., CA 02-1267 (Vaught, J.), affirmed May 28, 2003. [HTML, WP5.1]

Estate of Coleman v. LTB Land and Timber Co., CA 02-1007 (Baker, J.), dismissed May 28, 2003. [HTML, WP5.1]

Foley v. State, CA CR 02-1346 (Bird, J.), affirmed May 28, 2003. [HTML, WP5.1]

Golf Cars of Arkansas, Inc. v. Union Stand. Ins. Co., CA 02-1135 (Vaught, J.), reversed and remanded May 28, 2003. [HTML, WP5.1]

Hatch v. Smith, CA 02-1158 (Pittman, J.), dismissed May 28, 2003. [HTML, WP5.1]

Lawhon Farm Servs., Inc. v. Mason, CA 02-1348 (Stroud, C.J.), affirmed May 28, 2003. [HTML, WP5.1]

Martine v. State, CA CR 02-886 (Pittman, J.), affirmed May 28, 2003. [HTML, WP5.1]

Matthews v. State, CA 02-1393 (Griffen, J.), affirmed May 28, 2003. [HTML, WP5.1]

Moore v. State, CA CR 02-1082 (Pittman, J.), affirmed May 28, 2003. [HTML, WP5.1]

Pat Salmon & Sons, Inc. v. Secrest, CA 02-1209 (Gladwin, J.), affirmed May 28, 2003. [HTML, WP5.1]

Roberts v. State, CA CR 02-830 (Baker, J.), rebriefing ordered May 28, 2003. [HTML, WP5.1]

Roper v. Quail Buster, Inc., CA 02-1218 (Robbins, J.), reversed and remanded May 28, 2003. [HTML, WP5.1]

Sanford v. State, CA CR 02-897 (Roaf, J.), affirmed May 28, 2003. [HTML, WP5.1]

Southern Alum. Mfg., Inc. v. Reed, CA 02-1351 (Neal, J), affirmed May 28, 2003. [HTML, WP5.1]

Tucker v. State, CA CR 02-1270 (Robbins, J.), affirmed May 28, 2003. [HTML, WP5.1]

Bedford v. Director of Labor, E 03-38, May 28, 2003.

Carroll County Nursing & Rehab. Center v. Director of Labor, E 03-72, May 28, 2003.

Clements v. Director of Labor, E 03-44, May 28, 2003.

Coplas v. Director of Labor, E 03-47, May 28, 2003.

Hicks v. Director of Labor, E 03-52, May 28, 2003.

Kelley v. Director of Labor, E 03-53, May 28, 2003.

Pap Beardsley Chevrolet-Buick Co. v. Director of Labor, E 03-41, May 28, 2003.

Sharp v. Director of Labor, E 03-42, May 28, 2003.

Simmons v. Director of Labor, E 03-40, May 28, 2003.

Williams v. Director of Labor, E 03-46, May 28, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA02-1230. Chrysler Financial Company, L.L.C. v. Shelli East, from Union Circuit. Reversed and Remanded. Pittman and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1348. Lawhon Farm Services, Inc. and Ag-Comp SIF v. Robert L. Mason, from Workers' Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-886. Edward James Martine v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Stroud, C.J., and Baker, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1082. Steven Vincent Moore v. State of Arkansas, from Drew Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-453. Alonzo D. Williams, Sr. v. Henrietta E. Williams, from Pulaski Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (25 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1158. Bill Hatch and Virginia Lassiter v. Gustine Tina Smith, from Pulaski Circuit, Fifth Division. Dismissed. Stroud, C.J., and Baker, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA02-1323. City of Van Buren and Municipal League Workers' Compensation Trust v. Dale Fitzer, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA02-1209. Pat Salmon & Sons, Inc. and Premier Control Services, Inc., T.P.A. v. Steve Secrest, from Workers' Compensation Commission. Affirmed. Bird and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-1270. Ricky J. Tucker v. State of Arkansas, from Mississippi Circuit, Osceola District. Affirmed. Gladwin and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1218. David Roper and Meredith Roper v. Quail Buster, Inc. et al., from Pulaski Circuit, Seventh Division. Reversed and Remanded. Gladwin and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-1346. John David Foley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Hart and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA02-1170. Tom Harris v. Donna Harris, from Jefferson Circuit. Reversed and Remanded. Hart and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1384. Susan L. Rebsamen (Stockton) v. Richard L. Rebsamen, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1393. Gregory Matthews v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Vaught and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-1351. Southern Aluminum Manufacturing, Inc. and American Interstate Insurance Company v. Jesse Reed, from Workers' Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1294. Death & Permanent Total Disability Trust Fund v. Eugene Branum, Service America Corporation, and Wausau Insurance Company, from Workers' Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

E03-49. Steve W. Gunter v. Director, Employment Security Department and BWJ Electric Service, from Board of Review. Reversed and Remanded for Award of Benefits. Gladwin and Robbins, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-1135. Golf Cars of Arkansas, Inc. v. Union Standard Insurance Company, from Pulaski Circuit. Reversed and Remanded. Griffen and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1267. Elizabeth Eash v. FM Corporation, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-808. Michael Merritt v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-875. Northport Health Services, Inc. and Kristy Unkel v. Diane Owens and Alisa Main, from Washington Circuit. Affirmed. Griffen and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-830. Gary Roberts v. State of Arkansas, from Arkansas Circuit. Rebriefing Ordered. Stroud, C.J., and Pittman, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-864. Jason E. Winbush v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart, J., agrees. Griffen, J., concurs. (8 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA02-1007. Estate of Loufreda Coleman, John L. Smith and Ruthie Mae Walker v. LTB Land and Timber Company, Inc., from Hempstead Circuit. Dismissed. Stroud, C.J., and Pittman, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-897. Roslean Sanford v. State of Arkansas, from Chicot Circuit. Affirmed. Hart and Bird, JJ., agree. (5 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).

E03-38. Louis Bedford, Jr. v. Director et al.

E03-40. Sharon D. Simmons v. Director et al.

E03-41. Pap Beardsley Chevrolet-Buick Company v. Director et al.

E03-42. Rogenia L. Sharp v. Director et al.

E03-44. Carolyn N. Clements v. Director et al.

E03-46. Phyllis A. Williams v. Director et al.

E03-47. Sandra L. Coplas v. Director et al.

E03-52. Lisa S. Hicks v. Director et al.

E03-53. Richard G. Kelley v. Director et al.

E03-72. Carroll County Nursing & Rehabilitation Center v. Director et al.

PER CURIAM ORDERS

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

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.

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

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 is granted.

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

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

CACR02-1163. Michael Andrew Bullard v. State of Arkansas, from Dallas Circuit. Appellant's motion to accept belated transcript is granted. Appellant's brief due in thirty days.

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) is granted.

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) is granted.

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

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

CA02-1384. Susan L. Rebsamen (Stockton) v. Richard L. Rebsamen, from Pulaski Circuit, Seventeenth Division. Appellee's motion for attorney's fees and costs is denied. Gladwin, J., not participating.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR02-867. Stanley I. Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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

CA02-824. Carol Ann Small v. Stanley Lewis Small, from Crawford Probate.

CA02-827. Dorothy Ehlebracht v. James Dailey, in his official capacity, from Pulaski Circuit, Twelfth Division.

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

CACR02-169. Jerry Hawkins v. State of Arkansas, from Hempstead Circuit. Motion of David Mark Gunter for attorney's fees.

CACR02-424. Curtis Brown v. State of Arkansas, from Nevada Circuit. Motion of David Mark Gunter for attorney's fees.

CACR03-71. Phil Eugene Parmley v. State of Arkansas, from Garland Circuit. Appellant's pro se motion to file belated points for reversal.

CACR03-91. Christopher W. Elmore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

CACR03-91. Christopher W. Elmore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief.

CA02-1374. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion for extension of brief time.

CA03-64. Raymon Bledsoe v. Steve Lackey, from Crittenden Circuit. Appellants' motion to recall mandate.

CA03-208. Shelley S. Turner, Administrator of the Estate of Ricky Gene Turner, Deceased v. Northwest Arkansas Neurosurgery Clinic, P. A., from Washington Circuit. Appellant's motion to file belated brief.

CA03-244. Riverdale Development Company, LLC v. Ruffin Building Systems, Inc., from Pulaski Circuit, Fifth Division. Appellee's motion to supplement the record.

CA03-244. Riverdale Development Company, LLC v. Ruffin Building Systems, Inc., fromPulaski Circuit, Fifth Division. Appellant's motion for stay of brief time.

CA03-329. Tobitha Gill v. Sevier Healthcare, Inc., from Workers' Compensation Commission. Appellant's motion for additional time to file conforming brief.

CA03-452. Pat Hopkins v. Ralph M. Cloar, Jr., from Pope Circuit. Appellee's motion to dismiss appeal.

CA03-496. Ford Motor Company v. Arkansas Motor Vehicle Commission, from Pulaski Circuit, Seventh Division. Appellant's petition for writ of certiorari to complete the record and for enlargement of brief time.

SUBMISSIONS

CA02-348. Kelly Mainard v. Arkansas Department of Human Services, from Van Buren Circuit. Argued orally.

CACR02-635. Jerry L. Jones v. State of Arkansas, from Hempstead Circuit.

CACR02-880. Frederick Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-1125. David Hite v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-1193. Gentry Alan Rainwater v. State of Arkansas, from Crawford Circuit.

CACR02-1204. Gary William Hunt v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-1223. Lester David Cantrell v. State of Arkansas, from Crawford Circuit.

CACR02-1237. Justin Porter v. State of Arkansas, from Baxter Circuit.

CACR02-1386. Herbert McIntosh v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-22. Cory McClina v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA02-938. Troy Kevin Ratliff v. Cynthia Ratliff, from Pulaski Circuit, Seventeenth Division.

CA02-1089. Kristy Tew et al. v. Arkansas Department of Human Services, from Faulkner Circuit.

CA02-1101. Del Mack Construction, Inc. et al. v. James Owens et ux., from Union Circuit.

CA02-1134. Carrie Nichols-Whitsett v. Michael Reddoch, from Sebastian Circuit, Fort Smith District.

CA02-1138. Erma Redding v. J. Thaddeus Beck, M.D., from Washington Circuit.

CA02-1239. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA02-1274. Berniece M. Groce v. Kurt Knickrhem, from Pulaski Chancery, Fifth Division.

CA02-1281. Kimble Turner v. Linda Davenport Turner, from Pope Circuit.

CA02-1282. Ridell Flying Service v. Regions Bank (formerly The Arkansas Bank), from Phillips Circuit.

CA02-1299. John A. Ryles et al. v. Wayne Riffle et al., from Pulaski Circuit, Thirteenth Division.

CA02-1385. St. Joseph's Regional Health Center v. Ronald Tadlock, from Workers' Compensation Commission.

CA03-38. Tim Moffett v. Voith Siemens Hydro Power, from Workers' Compensation Commission.

CA03-81. Wal-Mart Stores, Inc. et al. v. Kemberly M. Brown, from Workers' Compensation Commission.