Barnett v. Howard (Arnold, C.J.) 02-1211

Courts -- Inferior courts; Inferior Court Rules govern civil actions. [HTML, WP5.1]

Clark v. Pine Bluff Civ. Serv. Comm'n (Imber, J.) 03-144

Courts -- Inferior Court Rules; appellant's failure to comply with filing requirements required dismissal. [HTML, WP5.1]

Craig v. Carrigo (Arnold, C.J.) 01-1408

Conflict of laws -- Construction of wills; law of situs governs; Canadian holographic will subject to Arkansas statutory provision on pretermitted children; trial court correctly ruled that appellees were pretermitted chldren entitled to inherit. [HTML, WP5.1]

Ginsburg v. Ginsburg (Thornton, J.) 02-707

Divorce -- Divorce decree not entered at time of husband's death; no issue remained with regard to marital property; genuine issue of material fact remained as to ownership of account; determination of additional fact question regarding decedent's intent to establish TOD account shortly after appellee's filing for divorce needed; case remanded to trial court. [HTML, WP5.1]

H.T. Hackney Co. v. Davis (Brown, J.) 03-62

Administrative law & procedure -- Payment of illegal rebates; substantial evidence of statutory violation; imposition of sanction not arbitrary & capricious. [HTML, WP5.1]

Jackson v. Ivory (Hannah, J.) 02-1022

Attorney & client -- Summary judgment on point reversed; genuine issue of material fact remained regarding whether appellant had privity with appellee; indirect privity will not suffice; second exception to privity requirement inapplicable; part of order granting summary judgment affirmed; genuine issue of material fact existed as to whether appellee Ivory was vicariously liable under theory of respondeat superior of appellee Mullen's alleged negligence; order granting summary judgment in favor of first appellee under theory of respondeat superior reversed; grant of summary judgment on allegation of negligent supervision affirmed. [HTML, WP5.1]

Mobley Law Firm, P.A. v. Lisle Law Firm, P.A. (Thornton, J.) 03-159

Attorney & client -- Appellant fired for just cause; point affirmed; trial court considered all necessary factors in making reasonable distribution of fees to both attorneys. [HTML, WP5.1]

United States Fidelity & Guar. Co. v. Continental Cas. Co. (Thornton, J.) 03-39

Insurance -- Indemnification provisions of subcontracts were insured contracts; by signing indemnification provisions of subcontracts appellant agreed to assume relevant tort liability of appellant Crane; unsolved factual questions remained; case reversed & remanded to trial court for further development of issue; motion for summary judgment not supported by affidavits or other evidence; trial court not reversed on this issue. [HTML, WP5.1]

Warren v. State (Per Curiam) CR03-021

Appeal & error -- Motion for reconsideration granted. [HTML, WP5.1]

Weiss v. McFadden (Hannah, J.) 02-1231

Taxation -- After-tax contributions not income subject to taxation; no tax consequences for recovery of capital; application of Ark. Code Ann. § 26-51-307 was unconstitutional. [HTML, WP5.1]

Williams v. Arkansas State Bd. of Physical Therapy (Arnold, C.J.) 02-1117

Administrative law & procedure -- Appellee Board did not act in willful or unreasonable manner; action was not arbitrary or capricious. [HTML, WP5.1]

Yant v. Woods (Glaze, J.) 03-53

Joint venture -- Joint enterprise; both requirements fulfilled; grant of summary judgment affirmed; doctrine of joint enterprise not favored in law. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Burnett v. State, CR 02-336 (Per Curiam), affirmed June 26, 2003. [HTML, WP5.1]

Carroll v. State, CR 03-448 (Per Curiam), Pro Se Motion for Rule on Clerk; treated as motion for belated appeal and denied June 26, 2003. [HTML, WP5.1]

Davis v. Yates, CR 03-572 (Per Curiam), Pro Se Petition for Writ of Mandamus moot June 26, 2003. [HTML, WP5.1]

Hutcherson v. State, CR 02-373 (Per Curiam), Petition for Rehearing denied June 26, 2003. [HTML, WP5.1]

Munoz v. State, CR 02-1358 (Per Curiam), affirmed June 26, 2003. [HTML, WP5.1]

Smith, Gregory v. Glover, CR 03-617 (Per Curiam), Pro Se Petition for Writ of Mandamus moot June 26, 2003. [HTML, WP5.1]

Smith, Harold Eugene v. State, CR 03-337 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed June 26, 2003. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

01-1408. Sharlett Craig, Personal Representative of the Estate of Earle L. Berrell, Deceased, and Erika Arndt v. Bonita Berrell Carrigo and Edward James Berrell, from Pulaski Circuit, Twelfth Division. Affirmed in Part; Dismissed in Part. Corbin, J., not participating. (18 PAGES PUBLISHED) [HTML, WP5.1]

02-1117. William K. Williams v. Arkansas State Board of Physical Therapy, from Jefferson Circuit. Affirmed. Corbin, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

02-1211. Tommy Barnett, Laverne Barnett Drennan, Ruby Barnett Norman, Jimmie D. Norman, and Earl C. Kirk, Jr. v. Leonard Howard, Roy Sanchez, Bill Golla, Dick Finch, and Scott Crawford, from White Circuit. Affirmed. Corbin and Hannah, JJ., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-53. Wayelon Yant v. Sharon Woods, from Faulkner Circuit. Affirmed. Brown and Imber, JJ., dissent. Corbin, J., not participating. (10 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-62. H.T. Hackney Company v. Charlie Davis, Director of the Arkansas Tobacco Control Board and The Arkansas Tobacco Control Board, from Pulaski Circuit, Sixth Division. Affirmed. Arkansas Tobacco Control Board, Affirmed. Corbin, J., not participating. (15 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

03-144. Nathaniel Clark v. Pine Bluff Civil Service Commission, from Jefferson Circuit. Appeal Dismissed. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-707. George T. Ginsburg, Mildred Ginsburg Baron, William Mac Ginsburg, and A.G. Edwards & Sons, Inc. v. Phyllis Ginsburg, from Garland Probate. Reversed and Remanded. Corbin, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

03-39. United States Fidelity & Guaranty Company, Crane Construction Company, Ray and Sons Masonry Contractors, Inc. v. Continental Casualty Company, from Pulaski Circuit, Seventh Division. Affirmed in Part; Reversed and Remanded in Part. Corbin, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

03-159. Mobley Law Firm, P.A. v. Lisle Law Firm, P.A., from Pope Circuit. Affirmed. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

02-1022. Keith Jackson v. George S. Ivory, Jr., Chantel Denise Mullen and Ivory Law Firm, from Pulaski Circuit, Second Division. Affirmed in Part; Reversed and Remanded in Part. Imber, J., concurs. Corbin, J., not participating. (20 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

02-1231. Richard Weiss, Director of the Arkansas Department of Finance and Administration v. Jimmy R. McFadden, William W. Joplin, and James T. French, On Behalf of Themselves and All Taxpayers Similarly Situated, from Pulaski Circuit, Thirteenth Division. Affirmed. Thornton, J., dissents. Corbin, J., not participating. (13 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-336. Ross Lamar Burnett, Sr. v. State of Arkansas, from Drew Circuit. Affirmed. Corbin, J., not participating. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1358. Alfredo Trejo Munoz v. State of Arkansas, from Washington Circuit. Affirmed. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

CR02-373. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

CR03-608. David M. Dye v. State of Arkansas, from Ashley Circuit. Corbin, J., not participating.

03-562. Carol Ann Small v. Stanley Lewis Small, from Crawford Probate. Corbin, J., not participating.

03-609. Marqueta Miller v. The Kroger Company et al., from Faulkner Circuit. Corbin, J., not participating.

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CR03-21. Johnny Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion forreconsideration. Granted. See per curiam this date. Corbin, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

03-399. Teresa Davis v. Corliss M. Williamson, from Washington Circuit. Appellant's motion and amended motion for reconsideration are denied. Corbin, J., not participating.

CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit. Appellee's motion for reconsideration is denied. Corbin, J., not participating.

CR02-1362. Stacy Eugene Johnson v. State of Arkansas, from Sevier Circuit. Appellee's motion to provide counsel with sealed materials is granted. Corbin, J., not participating.

03-214. Lamar Neill v. Nationwide Mutual Fire Insurance Company, from Logan Circuit, Northern District. Appellant's motion to file belated brief is granted. Corbin, J., not participating.

03-417. Fred H. Coggins v. Patsy A. Coggins, from Craighead Circuit, Western District. Motion for reconsideration is denied. Brown, Imber, and Thornton, JJ., would grant.

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 is granted. Corbin, J., not participating.

03-621. Kevin B. Walsh v. George S. Smith et ux., from Lonoke Circuit. Motion for rule on clerk is denied. Corbin, J., not participating.

CR03-337. Harold Eugene Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file appellant's brief. Motion moot; appeal dismissed. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-448. Conray Carroll v. State of Arkansas, from Pulaski Circuit, Second Division. Pro se motion for rule on clerk. Motion treated as motion for belated appeal and denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-572. Robert Davis v. Honorable Harvey Yates, Judge, from St. Francis 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]

CR03-617. Gregory Smith v. Honorable Don E. Glover, Judge, from Desha Circuit, Arkansas City District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR01-1131. Randy L. Anderson v. State of Arkansas, from Chicot Circuit.

02-873. R.S. McCullough v. State of Arkansas; The Honorable Sam Pope, Circuit Judge, from Ashley Circuit.

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 PETITIONS FOR REVIEW:

 CR03-667. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit.

03-607. George F. Pitt v. Nancy A. Lueck, from Benton Circuit.

03-634. BAAN, U.S.A. v. USA Truck, Inc., from Crawford Circuit.

03-644. Death & Permanent Total Disability Trust Fund v. Eugene Branum et al., from Workers' Compensation Commission.

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CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Appellee's motion for reconsideration to file enlarged brief and for brief time.

CR02-1026. Patrick Romes v. State of Arkansas, from Pulaski Circuit, Seventh Division.

Petition for writ of certiorari to complete the record.

CR03-27. Melony Nazaretta and Melissa DeBate v. State of Arkansas, from Van Buren Circuit. Petition for writ of certiorari to complete the record.

01-836. Lake View School District No. 25 et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellants' attorneys' motion for partial relief from stay.

01-836. Lake View School District No. 25 et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Notice of withdrawal as special counsel.

02-789. Jon R. Sanford v. Sherry W. Sanford, from Pope Circuit. Appellee's motion to reconsider request for oral argument.

02-873. R.S. McCullough v. State of Arkansas; The Honorable Sam Pope, Circuit Judge, from Ashley Circuit. Motion for stay of mandate.

02-885. Pine Bluff for Safe Disposal et al. v. Arkansas Pollution Control and Ecology Commission et al., from Jefferson Circuit. Appellee's motion to file belated brief.

02-1199. Roy C. Lewellen v. Arkansas Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellee's motion for costs.

03-369. Richard Weiss, Director, Arkansas Department of Finance & Administration et al. v. Jamie D. Waters et al., from Pulaski Circuit, Twelfth Division. Appellees' and cross-appellants'motion to file appellees' briefs on basis as extended to appellants and to file one appellees' brief with enlarged argument section.

03-434. Cooper Realty Investments, Inc. v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated brief.

03-633. Stark Ligon, Executive Director, Committee on Professional Conduct v. Kenneth George Fuchs, Arkansas Bar. ID #81063, an Original Action. Motion to dismiss petition for disbarment.

03-662. Judge Wendell L. Griffen v. The Arkansas Judicial Discipline and Disability Commission, an Original Action. Petition for writ of certiorari.

03-662. Judge Wendell L. Griffen v. The Arkansas Judicial Discipline and Disability Commission, an Original Action. Notice of filing of administrative record and request for briefing schedule.

03-673. Sandra McCloud et al. v. Arkansas Department of Human Services, from Jackson Circuit. Motion for rule on clerk.