Cross v. Magnolia Hosp. (Crabtree, J.) CA03-010

Workers' compensation -- Appellant failed to establish that she sustained compensable injury; denial of temporary total disability benefits affirmed. [HTML, WP5.1]

DeBoer v. Entergy Ark., Inc. (Neal, J.) CA02-1324

Eminent domain -- Inverse condemnation; recovery under statute is exclusive; trial court's decision not to consider value of trees in assessing appellees' damages affirmed. [HTML, WP5.1]

Spears v. State (Hart, J.) CACR02-1005

Appeal & error -- Abstracting deficiencies; appellant ordered to prepare abstract that would provide court with better understanding of questions presented on appeal; rebriefing ordered. [HTML, WP5.1]

Tygart v. Kohler (Gladwin, J.) CA02-821

Assault & battery -- Appellant found to be aggressor & not entitled to claim of self defense; trial court affirmed; $5000 award for pain & suffering affirmed. [HTML, WP5.1]

Adams Excav. v. Adams, CA 02-1068 (Roaf, J.), affirmed June 4, 2003. [HTML, WP5.1]

Baird v. State, CA CR 02-1251 (Bird, J.), affirmed June 4, 2003. [HTML, WP5.1]

Barnes v. State, CA CR 02-1097 (Neal, J.), affirmed June 4, 2003. [HTML, WP5.1]

Bower v. Bruce, CA 02-1285 (Bird, J.), affirmed in part; reversed in part June 4, 2003. [HTML, WP5.1]

Bramlett v. Brumble, CA 02-1017 (Vaught, J.), affirmed; remanded in part June 4, 2003. [HTML, WP5.1]

Brown v. State, CA CR 02-1153 (Griffen, J.), affirmed June 4, 2003. [HTML, WP5.1]

Bryans v. Arkansas Dep't of Human Servs., CA 02-1114 (Baker, J.), affirmed June 4, 2003. [HTML, WP5.1]

Clampitt v. Starving Students, Inc., CA 02-1072 (Hart, J.), affirmed June 4, 2003. [HTML, WP5.1]

Hampton v. Arkansas Dep't of Human Servs., CA 02-1105 (Crabtree, J.), affirmed June 4, 2003. [HTML, WP5.1]

Hanna v. Robinson, CA 02-1157 (Per Curiam), dismissed June 4, 2003. [HTML, WP5.1]

Jordan v. State, CA CR 02-1040 (Gladwin, J.), affirmed June 4, 2003. [HTML, WP5.1]

Liberto v. Waddell, CA 02-1232 (Neal, J.), affirmed in part; reversed and remanded in part June 4, 2003. [HTML, WP5.1]

Marriott v. Hawkins, CA 02-1226 (Robbins, J.), reversed and remanded June 4, 2003. [HTML, WP5.1]

Owen v. State, CA CR 02-1184 (Stroud, C.J.), affirmed June 4, 2003. [HTML, WP5.1]

Pry v. Delta Cons. Indus., CA 02-1315 (Vaught, J.), affirmed June 4, 2003. [HTML, WP5.1]

Stone v. Estate of Thomasson, CA 02-1250 (Pittman, J.), affirmed on appeal and cross-appeal June 4, 2003. [HTML, WP5.1]

Swanigan v. State, CA CR 02-1093 (Bird, J.), affirmed June 4, 2003. [HTML, WP5.1]

U.S. Fidelity & Guar. Co. v. Lasiter Constr. Co., CA 02-1314 (Robbins, J.), dismissed June 4, 2003. [HTML, WP5.1]

Walker v. Community Water Sys., Inc., CA 03-199 (Gladwin, J.), dismissed June 4, 2003. [HTML, WP5.1]

Wilson v. State, CA CR 02-942 (Roaf, J.), affirmed June 4, 2003. [HTML, WP5.1]

Alford v. Director of Labor, E 03-58, June 4, 2003.

Bright Star Sch. Dist. #6 v. Director of Labor, E 03-57, June 4, 2003.

Davis v. Director of Labor, E 03-65, June 4, 2003.

Johnson v. Director of Labor, E 03-54, June 4, 2003.

Kenney v. Director of Labor, E 03-43, June 4, 2003.

Lipscomb Oil Co. v. Director of Labor, E 03-61, June 4, 2003.

Moore v. Director of Labor, E 03-50, June 4, 2003.

Pro Transp., Inc. v. Director of Labor, E 03-62, June 4, 2003.

Rosson v. Director of Labor, E 03-45, June 4, 2003.

Toler v. Director of Labor, E 03-55, June 4, 2003.

Wentz v. Director of Labor, E 03-67, June 4, 2003.

Williams v. Director of Labor, E 03-64, June 4, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-1184. Damon Charles Owen and Mark Allen Fletcher v. State of Arkansas, from Drew Circuit. Affirmed. Pittman and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA02-1250. Guy Stone v. The Estate of Ozelle Thomasson, et al., from Pike Circuit. Affirmed on Appeal and Cross-Appeal. Stroud, C.J., and Baker, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-1005. Robert Spears v. State of Arkansas, from Miller Circuit. Rebriefing Ordered. Bird and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1072. Rosemarie Clampitt v. Starving Students, Inc., from Crittenden Circuit. Affirmed. Bird and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-1040. Kenneth Jordan v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-821. Freddie Tygart v. Charles Wayne Kohler, from Logan Circuit. Affirmed. Robbins, Neal, and Vaught, JJ., agree. Pittman and Baker, JJ., dissent. (10 PAGES + 1-PAGE DISSENT + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-199. Bob J. Walker and Claudia G. Walker v. Community Water System, Inc., from Faulkner Circuit. Dismissed. Robbins and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-1226. Sodexho Marriott v. Sandra Hawkins and Jefferson Regional Medical Center, from Workers' Compensation Commission. Reversed and Remanded. Gladwin and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1314. U.S. Fidelity & Guaranty Company, Inc. and R.L. Persons Construction Company, Inc. v. Lasiter Construction Company, Inc. d/b/a Lasiter Asphalt Maintenance Company, Inc., from Pulaski Circuit. Dismissed. Gladwin and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-1093. Steven Swanigan v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1251. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit. Affirmed. Hart and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1285. Luell and Mary Bower v. Abel and Ova Bruce, from Newton Circuit. Affirmed in Part; Reversed in Part. Hart and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-1153. Tyrone Brown v. State of Arkansas, from Ashley Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-1097. Susan Barnes v. State of Arkansas, from Crittenden Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1232. Joseph Liberto v. Scott Waddell, from Craighead Circuit. Affirmed in Part; Reversed and Remanded in Part. Gladwin and Robbins, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1324. Marvin and Connie DeBoer v. Entergy Arkansas, Inc. and West Tree Service, Inc., from Faulkner Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-1017. Don Bramlett v. Sonny Brumble and Willa Dean Brumble, from Randolph Circuit. Affirmed; Remanded in Part. Griffen and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1315. Christopher T. Pry v. Delta Consolidated Industries and Gab Robbins North America, Inc., from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA02-1105. Angela Hampton v. Arkansas Department of Human Services, from Ashley Circuit. Affirmed. Griffen and Vaght, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-10. Edna Cross v. Magnolia Hospital and Reciprocal Group of America, from Workers' Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA02-1114. Summer Bryans v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-942. Douglas Wilson v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1068. Adams Excavation and Columbia Insurance Group v. Thomas W. Adams, from Workers' Compensation Commission. Affirmed. Bird, J., agrees. Hart, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-1157. Albert Hanna and Marnette Hanna v. James T. Robinson, et al., from Union Circuit. Dismissed. (3 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).

E03-43. 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.

PER CURIAM ORDERS

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

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

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

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CACR02-169. Jerry Hawkins v. State of Arkansas, from Hempstead Circuit. Motion of David Mark Gunter for attorney's fees is granted. Allowed $650.00.

CACR02-424. Curtis Brown v. State of Arkansas, from Nevada Circuit. Motion of David Mark Gunter for attorney's fees is granted. Allowed $650.00.

CACR03-71. Phillip Eugene Parmley v. State of Arkansas, from Garland Circuit. Appellant's pro se motion to file belated points for reversal is granted. Points for reversal to be filed by July 7, 2003.

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

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

CA02-1374. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion for additional time to file brief is granted. Gladwin and Roaf, JJ., would make this final extension. Griffen, J., would deny. Crabtree, J., not participating.

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 is granted.

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

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 is granted.

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

CA03-244. Riverdale Development Company, LLC v. Ruffin Building Systems, Inc., from Pulaski Circuit, Fifth Division. Appellant's motion for stay of brief time is granted. Brief due in thirty days.

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

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

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA02-390. George F. Pitt v. Nancy A. Lueck, from Benton Circuit.

CA02-427. NationsBanc Mortgage Corporation v. Al Hopkins and Patricia Hopkins et al., from Pope Circuit.

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CACR96-1018. Karsten Cannon v. State of Arkansas, from Crittenden Circuit. Appellant's belated pro se motion to reinstate appeal and for appointment of counsel.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion for reconsideration of dismissal of appeal.

CACR02-1258. James D. Smith v. State of Arkansas, from Clark Circuit. Appellee's motion to file enlarged brief.

CACR03-51. Melchizedek Shabazz v. State of Arkansas, from Nevada Circuit. Appellee's motion to dismiss appeal.

CACR03-113. Christopher Spann v. State of Arkansas, from Chicot Circuit. Appellant's motion to supplement abstract and file substituted brief.

CACR03-219. William Sharp v. State of Arkansas, from Johnson Circuit. Appellant's pro se motion for extension of time to file points for reversal and for appointment of counsel.

CA02-232. Cindy H. Cole v. Randall E. Cole, from Benton Circuit. Appellant's motion for attorney's fees and costs.

CA02-515. James Douglas Dunham v. Mike Doyle, from Washington Circuit. Appellant's motion to file belated settled record.

CA03-46. Bio-Tech Pharmacal, Inc. v. International Business Connections, L.L.C., from Washington Circuit. Appellant's motion for extension of brief time.

CA03-139. Marie Stracener et al. v. Thomas Williams, M.D. et al., from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CA03-152. Robert Samuel Moore v. M. Elaine Moore and Henry Moore, from Pope Circuit. Appellant's motion for additional brief time.

CA03-286. Angela Lovett, M.D. v. Ralph Chase "R.C." Henson et al., from Pulaski Circuit, Second Division. Appellees/cross-appellants' motion to stay briefing schedule.

CA03-339. Sherry Ebbs v. Kerry Ozment, M.D., P.A., from Saline Circuit. Appellant's motion to file belated brief.

CA03-404. Thurman A. Hobbs et al. v. Lotsip, Inc., from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.

SUBMISSIONS

CA02-1169. Eddie Partridge et ux. v. Lochridge Mobile Homes, Inc. et al., from Faulkner Circuit. Argued orally.

CA02-1207. Calvin White v. Arkansas Electric Co-op, Inc. et al., from Workers' Compensation Commission. Argued orally.

CACR02-816. Carroll R. Hughes v. State of Arkansas, from Hot Spring Circuit.

CACR02-1098. Kevon Dequanzo Trotter v. State of Arkansas, from Ouachita Circuit.

CACR02-1164. Jack Earl Gavin v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-1188. Steven L. Womack v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-1308. Otis Miller v. State of Arkansas, from Union Circuit.

CA02-926. Paul Hampton v. Jennifer Hampton, from Pulaski Circuit, Fifteenth Division.

CA02-1019. Youth Home, Inc. et al. v. Rebecca J. Bolan, from Workers' Compensation Commission.

CA02-1064. Pamela Hopper McKiddy v. William Randall McKiddy et al., from Garland Circuit.

CA02-1205. Clarendon National Insurance Company v. Stanley Roberts et al., from Crittenden Circuit.

CA02-1335. Brent Gray v. Glen Koons, from Saline Circuit.

CA02-1343. Maurice Harrison, Executor v. Ronald Harrison et al., from Faulkner Circuit.

CA02-1360. James E. Turner, Jr. v. John Farnam et al., from Pope Circuit.

CA02-1361. Gregory S. Rogers v. Linda Rogers, from Hot Spring Circuit.

CA02-1375. Ducks & Ducks, Inc. v. Drainage Dist. #7 of Poinsett County, from Poinsett Circuit.

CA03-49. John Pflasterer v. Denean Pflasterer Summers, from Pulaski Circuit, Seventeenth Division.

CA03-61. Heritage Baptist Temple et al. v. Tammy Robison, from Workers' Compensation Commission.

CA03-75. Baptist Health v. Donald Mee, from Workers' Compensation Commission.

CA03-82. Rick Hazen v. Federal Express Corporation et al., from Workers' Compensation Commission.

CA03-128. Gary Wayne White v. Joanne McConnell White, from St. Francis Circuit.

CA03-209. Margaret Cockrell v. Temeka Deann Dillard, from Conway Probate.

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

E02-305. Terri M. Weaver v. Director et al.

E02-312. William T. Harris, Jr., D.D.S. v. Director et al.

E03-63. Kimberley L.G. Selby v. Director et al.

E03-66. Eddie Green v. Director et al.

E03-68. Annette Robinson v. Director et al.

E03-69. William G. Martinez v. Director et al.

E03-71. Sonya A. Johnson v. Director et al.

E03-73. Sammie L. Ingram v. Director et al.

E03-74. Bianca Barrow v. Director et al.

E03-75. Demetrius W. Watson v. Director et al.

E03-80. Thomas L. Sullivan v. Director et al.

E03-83. William H. Nettles v. Director et al.

E03-87. Patrick B. Daniels v. Director et al.

E03-91. S&J Construction Company, Inc. v. Director et al.