Del Mack Constr., Inc. v. Owens (Stroud, C.J.) CA02-1101

Materials & materialmen -- Materialmen's liens; burden on supplier to show materials used in improvement on which lien was sought; exception to general priority rule. [HTML, WP5.1]

Groce v. Director (Vaught, J.) CA02-1274

Administrative law & procedure -- Life estate; evidence supported hearing officer's finding that appellant's life estate in residence remained countable resource because house was not her principal place of residence; appellant was attempting to circumvent purpose of Ark. Code Ann. § 20-77-101(a); substantial evidence supported hearing officer's decision that appellant's daughter & grandson were not dependent on residence in question for shelter. [HTML, WP5.1]

Mercantile Bank of Ark. v. Vowell (Stroud, C.J.) CA02-839

Banks & banking -- Appellee found to have exercised ordinary care to safeguard checkbooks, ATM cards, & PIN number; appellant not precluded from asserting forgeries & unauthorized transactions against appellant or allocation of loss pursuant to Ark. Code Ann. § 4-3-406 (Repl. 2001); no negligence or failure to exercise ordinary care found; trial court's allocation of loss reversed; notification made outside thirty-day time limit in customer-account agreement; appellee precluded from recovering items contained in June & July statements; language contained in customer-account agreements tracked requirements under Ark. Code Ann. § 4-4-406; no error or basis for allocation under 4-3-406, 4-4-406 or customer-account agreements existed. [HTML, WP5.1]

Paschal v. Paschal (Baker, J.) CA02-995

Substituted opinion on denial of petition for rehearing delivered September 17, 2003; appears in syllabus that date. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Cantrell v. State, CA CR 02-1223 (Bird, J.), affirmed June 11, 2003. [HTML, WP5.1]

Cockrell v. Union Planters Bank, CA 02-1363 (Per Curiam), dismissed June 11, 2003. [HTML, WP5.1]

Hemund v. Tigue, CA 02-980 (Stroud, C.J.), affirmed in part; remanded in part June 11, 2003. [HTML, WP5.1]

Hite v. State, CA CR 02-1125 (Hart, J.), reversed and dismissed June 11, 2003. [HTML, WP5.1]

Hunt v. State, CA CR 02-1204 (Robbins, J.), affirmed June 11, 2003. [HTML, WP5.1]

Jones v. State, CA CR 02-635 (Roaf, J.), affirmed June 11, 2003. [HTML, WP5.1]

McClina v. State, CA CR 03-22 (Neal, J.), affirmed June 11, 2003. [HTML, WP5.1]

McIntosh v. State, CA CR 02-1386 (Stroud, C.J.), affirmed June 11, 2003. [HTML, WP5.1]

Moffett v. Voith Siemens Hydro Power, CA 03-038 (Vaught, J.), affirmed June 11, 2003. [HTML, WP5.1]

Nichols-Whitsett v. Reddoch, CA 02-1134 (Robbins, J.), affirmed June 11, 2003. [HTML, WP5.1]

Ratliff v. Ratliff, CA 02-938 (Roaf, J.), affirmed June 11, 2003. [HTML, WP5.1]

Redding v. Beck, CA 02-1138 (Hart, J.), affirmed June 11, 2003. [HTML, WP5.1]

Riddell Flying Serv., Inc. v. Regions Bank, CA 02-1282 (Crabtree, J.), dismissed June 11, 2003. [HTML, WP5.1]

Smith v. State, CA CR 02-880 (Pittman, J.), affirmed June 11, 2003. [HTML, WP5.1]

St. Joseph's Reg. Health Center v. Tadlock, CA 02-1385 (Baker, J.), affirmed June 11, 2003. [HTML, WP5.1]

Tew v. Arkansas Dep't of Human Servs., CA 02-1089 (Bird, J.), affirmed June 11, 2003. [HTML, WP5.1]

Turner v. Turner, CA 02-1281 (Baker, J.), dismissed June 11, 2003. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-1386. Herbert McIntosh v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-839. Mercantile Bank of Arkansas v. John G. Vowell, from Pulaski Circuit, Fifth Division. Affirmed in Part; Reversed and Remanded in Part. Gladwin and Baker, JJ., agree. Griffen, J., concurs. Neal and Roaf, JJ., dissent in part; concur in part. (17 PAGES + 4-PAGE CONCURRENCE + 5-PAGE DISSENT/CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA02-980. James Hemund and Mary Hemund v. Roy C. Tigue and Laquita Tigue, from Montgomery Circuit. Affirmed in Part; Remanded in Part. Pittman and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1101. Del Mack Construction, Inc., et al. v. James Owens and Carole Owens, from Union Circuit. Affirmed. Pittman and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-880. Frederick Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Stroud, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-1125. David Hite v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1138. Erma Redding v. J. Thadeus Beck, M.D., et al., from Washington Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-1204. Gary William Hunt v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Gladwin and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1134. Carrie Nichols-Whitsett v. Michael Reddoch and Brandy Reddoch, from Sebastian Circuit, Fort Smith District. Affirmed. Gladwin and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-1223. Lester David Cantrell v. State of Arkansas, from Crawford Circuit. Affirmed. Hart and Roaf, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1089. Kristy Tew and Robert Tew v. Arkansas Department of Human Services, from Faulkner Circuit. Affirmed. Roaf, J., agrees. Hart, J., concurs. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-22. Cory McClina v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-1274. Berniece M. Groce v. Director, Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA03-38. Tim Moffett v. Voith Siemens Hydro Power and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA02-1282. Riddell Flying Service, Inc. v. Regions Bank, et al., from Phillips Circuit. Dismissed. Griffen and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA02-995. Paul James Paschal v. Alice Paschal, from Washington Circuit. Affirmed. Hart and Griffen, JJ., agree. Substituted opinion on denial of petition for rehearing delivered September 17, 2003; appears in syllabus that date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1281. Kimble Turner v. Linda Davenport Turner, from Pope Circuit. Dismissed. Pittman and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1385. St. Joseph's Regional Health Center and Sisters of Mercy Health System v. Ronald Tadlock, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Pittman, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-635. Jerry L. Jones v. State of Arkansas, from Hempstead Circuit. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-938. Troy Kevin Ratliff v. Cynthia M. Ratliff, from Pulaski Circuit. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-1363. David Cockrell v. Union Planters Bank, Robert Wood, and Jennifer Wood, from Benton Circuit. Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

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

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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 is denied. Griffen, J., would grant or certify to the Supreme Court.

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

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

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

CACR03-219. William Sharp v. State of Arkansas, from Johnson Circuit. Appellant's pro se motion for appointment of counsel is denied. Appellant granted thirty days to file points for reversal.

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 is denied. Motion of John F. Stroud, III to withdraw as counsel for appellant is granted. Mr. Scott Bles is appointed to represent the appellant. Stroud, C.J., not participating.

CA02-232. Cindy H. Cole v. Randall E. Cole, from Benton Circuit. Appellant's motion for attorney's fees and costs is denied. Appellee's counter petition for award of attorney's fees and costs is granted. Awarded $1,590.00.

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

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

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 is granted.

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

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 is granted. Griffen, J., not participating.

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

CA03-404. Thurman A. Hobbs et al. v. Lotsip, Inc., from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal is denied. Stay granted for 120 days.

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 is granted. Roaf, J., would grant only as to circuit court proceedings. Bird, J., not participating.

PETITION FOR REHEARING:

CA02-719. Howard Larry v. Grady School District, from Lincoln Circuit.

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CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit. Motion of Martin J. Patterson to be relieved as counsel for appellant.

CACR01-1417. Sherrell Whisenant v. State of Arkansas, from Pike Circuit. Appellant's motion for extension of brief time.

CACR01-1418. Sherrell Whisenant v. State of Arkansas, from Pike Circuit. Appellant's motion for extension of brief time.

CACR02-125. Michael Reeves v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion for extension of brief time.

CACR02-359. Rodney Stidham v. State of Arkansas, from Carroll Circuit, Western District. Motion of Linda Scribner to withdraw as counsel for appellant.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's amended pro se motion for transcript.

CACR02-1040. Kenneth Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for notification of mandate being issued.

CACR03-13. Eric Crowder-Jones v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record.

CACR03-141. Timothy Weileman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to reconsider appellee's extension of brief time.

CA02-1331. Barbara Lee v. Ansel P. Waterson et al., from Washington Circuit. Appellant's motion for extension of brief time.

CA03-229. David Reap v. Automation Systems, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file belated brief.

CA03-343. Lyle Swearingen v. Evergreen Lawns et al., from Workers' Compensation Commission. Appellant's motion to file belated brief.

CA03-403. Hugh Brown v. Kathy Brown, from White Circuit. Motion of Gregory E. Bryant to be relieved as counsel for appellee.

CA03-560. Andrew T. Scherfenberg v. Nucor-Yamato Steel Company, from Mississippi Circuit, Chickasawba District. Appellant's motion for stay and notice of bankruptcy.

E03-170. Craig F. Cummings v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit.

CACR02-445. Tiffany L. Smith v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-482. Jasper Vick II v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-502. Eric Brown v. State of Arkansas, from Garland Circuit.

CACR02-754. Raymond W. Shepherd, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-763. Michael Slate DePriest v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-774. Fabious Myles v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR02-788. Jeff L. Rousseau v. State of Arkansas, from Greene Circuit.

CACR02-835. Sunni Umar Nuri v. State of Arkansas, from Pulaski Circuit, First Division.

CACR02-871. Kimberly Ann Brown v. State of Arkansas, from Crawford Circuit.

CACR02-908. Edward George Barron v. State of Arkansas, from Garland Circuit.

CACR02-935. Torrizell Stevenson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-939. Marlon Detric Miles v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-960. Benjamin Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-971. Donna Aldridge v. State of Arkansas, from Crawford Circuit.

CACR02-974. Christopher Thronebury v. State of Arkansas, from Johnson Circuit.

CACR02-1036. Robert Lee Hunter, Jr. v. State of Arkansas, from Garland Circuit.

CACR02-1056. Terry L. Sanders v. State of Arkansas, from Greene Circuit.

CACR02-1103. William Dean Karabinus v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-1110. Earnest Britman v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR02-1128. Shannon Kyle Neal v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-1168. Richard Forrod Sims v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-1238. Randy Phillips v. State of Arkansas, from Garland Circuit.

CACR02-1240. Randy Phillips v. State of Arkansas, from Garland Circuit.