City of Maumelle v. Jeffrey Sand Co. (Imber, J.) 02-256

Municipal corporations -- Detachment-Annexation Statutes; section of statute found ambiguous; legislature, by enactment of statutes, did not intend to eliminate regional organizations or improvement districts as means by which municipality could provide services to its citizens; circuit court erred in its interpretation of Ark. Code Ann. § 14-40-2001; circuit court's order of November 26, 2001 reversed & case remanded. [HTML, WP5.1]

Cloird v. State (Per Curiam) CR93-284

Appeal & error -- Motion to file belated petition for rehearing denied. [HTML, WP5.1]

Echols v. State (Per Curiam) CR94-928 & CR99-1060

Appeal & error -- Motion to extend stay of proceedings; granted. [HTML, WP5.1]

Hisaw v. State Farm Mut. Auto. Ins. Co. (Brown, J.) 03-25

Insurance -- Phrase "arising out of" construed; "but for" analysis found unworkable; whether appellant's injuries were caused by accident "arising out of operation, maintenance, or use of underinsured motor vehicle" was question for jury to resolve; order granting summary judgment on personal policies reversed & case remanded. [HTML, WP5.1]

Overton v. State (Imber, J.) CR02-1280

Criminal law -- Exception to rape-shield statute; defendant bears responsibility of pursuing motion; appellant failed to pursue motion under Ark. Code Ann. § 16-42-101(c); appellant barred from obtaining relief. [HTML, WP5.1]

Pomtree v. State Farm Mut. Auto. Ins. Co. (Glaze, J.) 02-1302

Attorney & client -- Attorney's lien attached to only one-third of settlement; appellant suffered no harm as result of manner in which check was issued; appellant's assertion of venue clearly wrong; action to establish lien to be filed in county where lawsuit was pending; grant of summary judgment to appellees proper; Ark. R. Civ. P. 11 sanctions properly imposed; no abuse of discretion found. [HTML, WP5.1]

Smith v. Sidney Moncrief Pontiac, Buick, GMC Co. (Imber, J.) 02-449

Civil procedure -- Service of process; trial court properly dismissed appellant's complaint for failure of service of valid process; second dismissal based on failure to serve valid process made with prejudice; second dismissal was adjudication on merits; circuit properly dismissed appellant's action against first appellee with prejudice. [HTML, WP5.1]

Travelers Cas. & Sur. Co. v. Arkansas State Highway Comm'n (Imber, J.) 02-1259

Constitutional law -- Sovereign immunity; suit against state highway department is suit against State; suit barred by doctrine where appellant was seeking to control action of State; suit for declaratory judgment barred. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Tucker (Imber, J.) 02-876

Damages -- Mental anguish; appellee severely affected by husband's death; jury verdict not given under influence of passion or prejudice; challenge to sufficiency of evidence; appellant's motion for new trial was not properly preserved. affected [HTML, WP5.1]

APPENDIX

APPOINTMENTS TO COMMITTEES

In Re: Committee on Model Jury Instructions--Criminal (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Cloird v. Harmon, 03-272 (Per Curiam), Pro Se Motions to Consolidate Record, for Appointment of Counsel, and for Access to Trial Transcript; appeal dismissed; motions moot June 19, 2003. [HTML, WP5.1]

Fletcher v. Davis, CR 03-510 (Per Curiam), Pro Se Petition for Writ of Mandamus moot June 19, 2003. [HTML, WP5.1]

McArty v. Morgan, 03-293 (Per Curiam), Pro Se Motion to Supplement Record denied June 19, 2003. [HTML, WP5.1]

Oliver v. State, CR 02-823 (Per Curiam), affirmed June 19, 2003. [HTML, WP5.1]

Wright v. State, CA CR 02-419 (Per Curiam), Pro Se Motion for Copy of Transcript at Public Expense denied June 19, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-1302. Nealon Pomtree et al. v. State Farm Mutual Automobile Insurance Company et al., from Pulaski Circuit, Sixth Division. Affirmed. Corbin, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-25. Glenn Hisaw and Elizabeth Hisaw, Husband and Wife v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit. Affirmed in Part; Reversed and Remanded in Part. Court of Appeals Affirmed as Modified. Glaze and Corbin, JJ., not participating. (16 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR02-1280. Frederick A. Overton v. State of Arkansas, from Bradley Circuit. Affirmed. Corbin, J., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]

02-256. City of Maumelle, Arkansas v. Jeffrey Sand Company and City of North Little Rock, Arkansas, from Pulaski Circuit, Third Division. Reversed and Remanded. Special Justice J. Eric Hagler joins. Arnold, C.J., and Corbin, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

02-449. JoLynn Smith v. Sidney Moncrief Pontiac, Buick, GMC Co., d/b/a Sherwood Pontiac, Buick GMC Co., from Pulaski Circuit, Fifth Division. Affirmed as Modified. (20 PAGES PUBLISHED) [HTML, WP5.1]

02-876. Wal-Mart Stores, Inc. and Russell White v. Vivian Tucker, Individually and as Administratrix of the Estate of John Kenneth Tucker et al., from Sevier Circuit. Affirmed. Glaze, Thornton, and Hannah, JJ., concur. Corbin, J., not participating. (16 PAGES + 1-PAGE CONCURRENCE + 9-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

02-1259. Travelers Casualty & Surety Co. of America v. Arkansas State Highway Commission, Arkansas State Highway and Transportation Department, and Fru-Con Construction Corp., from Pulaski Circuit, Second Division. Affirmed. Corbin, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-823. Robert Oliver v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-511. Jerry Brown v. State of Arkansas, from Pulaski Circuit, Fifth Division. Glaze, Imber, and Hannah, JJ., would grant. Corbin, J., not participating.

CR03-566. Stanley I. Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Corbin, J., not participating.

03-544. Willien Wesley et al. v. Estate of Joseph "Joe" Bosley, Deceased et al., from Pulaski Circuit, Seventeenth Division. Corbin, J., not participating.

03-577. Linda L. King v. Baxter County Regional Hospital Risk Management Resources, from Workers' Compensation Commission. Corbin, J., not participating.

03-590. James M. Mason v. America A. Mason (Hood), from White Circuit. Corbin, J., not participating.

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CR94-928 & CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion to extend stay of proceedings. Granted 70 days; final extension. See per curiam this date. Corbin, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-289. Robert Dale Shackleford v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted. Corbin, J., not participating.

02-1355. State Farm Fire and Casualty Company v. Jewell Ledbetter, from Crittenden Circuit. Appellee's motion to strike portions of page 13 of State Farm Fire and Casualty's reply brief and supplemental addendum. Passed until case submitted. Corbin, J., not participating.

CA02-1388. Natasha Saine v. Comcast Cablevision of Arkansas, Inc., from Pulaski Circuit, Third Division. Appellee's motion to certify to Supreme Court is granted. Corbin, J., not participating.

03-203. Barbara Stacks v. Leon Marks, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal. Passed until case submitted. Corbin, J., not participating.

03-331. Kevin Smith v. Honorable Wiley A. Branton, Jr., Judge and Honorable Mary Spencer McGowan, Judge, from Pulaski Circuit, Eighth and Ninth Divisions. Petitioner's motion for clarification is denied. Corbin, J., not participating.

03-411. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Second Division. Joint motion to supplement the record is granted. Corbin, J., not participating.

03-412. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Sixth Division. Joint motion to supplement the record is granted. Corbin, J., not participating.

03-413. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and TransportationDepartment, from Pulaski Circuit, Third Division. Joint motion to supplement the record is granted. Corbin, J., not participating.

03-585. Tom Travis v. Mary Bryant, d/b/a The Junker With Three Hearts, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari to complete the record is denied. See Coggins v. State (per curiam issued May 29, 2003). Corbin, J., not participating.

03-591. Cameron Scott Bolin v. Richard Roachell, d/b/a Roachell Law Firm, from Pope Circuit. Motion for rule on clerk is denied. Corbin, J., not participating.

03-648. Omni Holding and Development Corporation et al. v. Honorable David Burnett, Judge, from Crittenden Circuit. Motion for expedited consideration is granted; motion for temporary stay and petition for writ of certiorari are denied. Corbin, J., not participating.

03-659. Christina Mitchell v. Honorable Carol C. Anthony, from Union Circuit. Emergency motion for stay moot; petition for writ of mandamus moot. Corbin, J., not participating.

CR93-284. Gary T. Cloird v. State of Arkansas, from Jefferson Circuit. Pro se motion to file a belated petition for rehearing. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-510. Herbert Fletcher v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-272. Gary Cloird v. Greg Harmon, Warden, from Jefferson Circuit. Pro se motions to consolidate record, for appointment of counsel, and for access to trial transcript. Appeal dismissed; motions moot. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-293. Randall McArty v. Henry Morgan, Prosecuting Attorney, from Clark Circuit. Pro se motion to supplement record. Motion denied. See per curiam this date. Arnold, C.J., and Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Committee on Model Jury Instructions — Criminal. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Gordon Webb, Circuit Judge, Fourteenth Judicial Circuit, is appointed to the Supreme Court Committee on Model Jury Instructions — Criminal for a three-year term to expire on February 28, 2006. We thank Judge Webb for his willingness to serve on this important committee.

We express our gratitude to Judge Henry Wilkinson, Circuit Judge Retired, whose term has expired, for his years of valuable service to the Committee.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR03-608. David M. Dye v. State of Arkansas, from Ashley Circuit.

03-562. Carol Ann Small v. Stanley Lewis Small, from Crawford Probate.

03-609. Marqueta Miller v. The Kroger Company et al., from Faulkner Circuit.

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CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit. Appellee's motion for reconsideration.

CR02-1362. Stacy Eugene Johnson v. State of Arkansas, from Sevier Circuit. Appellee's motion to provide counsel with sealed materials.

03-214. Lamar Neill v. Nationwide Mutual Fire Insurance Company, from Logan Circuit, Northern District. Appellant's motion to file belated brief.

03-417. Fred H. Coggins v. Patsy A. Coggins, from Craighead Circuit, Western District. Motion for reconsideration.

03-470. Judy Beaver et al. v. John Q. Hammons Hotels, Inc. et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to file supplemental brief.

03-621. Kevin B. Walsh v. George S. Smith et ux., from Lonoke Circuit. Motion for rule on clerk.

SUBMISSIONS

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Argued orally.

02-1022. Keith Jackson v. George S. Ivory, Jr., from Pulaski Circuit, Second Division.

03-53. Wayelon Yant v. National Car Rental System, Inc. et al., from Faulkner Circuit.

03-62. H. T. Hackney Company v. Charlie Davis, Director, Arkansas Tobacco Control Board et al., from Pulaski Circuit, Sixth Division.

03-144. Nathaniel Clark v. Pine Bluff Civil Service Commission et al., from Jefferson Circuit.

03-159. Mobley Law Firm, P. A. v. Lisle Law Firm, P. A., from Pope Circuit.