ADVANCE REPORTS
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IN THIS ISSUE
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July 3, 2003
July 8, 2003
July 24, 2003
Injunctions - Irreparable harm not shown; trial court abused discretion; issue of nationwide injunction not addressed. [HTML, WP5.1]
Arkansas Dep't of Human Servs. v. Schroder (Thornton, J.) 02-998
Administrative law & procedure -- Social security & medicaid benefits; appellants failed to complete new spousal eligibility worksheet in determining eligibilty of institutionalized spouse; matter reversed & remanded. [HTML, WP5.1]
APPENDIX
RULES ADOPTED OR AMENDED BY PER CURIAM ORDER
In Re: Administrative Order Number 14 -- Administrative Plans (Per Curiam) [HTML, WP5.1]
In Re: Arkansas Court Automation Project and Administrative Order Number 2 (Per Curiam) [HTML, WP5.1]
APPOINTMENTS TO COMMITTEES
In Re: Committee on Unauthorized Practice of Law (Per Curiam) [HTML, WP5.1]
Noel v. Norris (Thornton, J.) (dissenting opinion only) CR03-762 [HTML, WP5.1]
Mitchell v. Anthony (Per Curiam) 03-659
Appeal & error -- Petition for writ of mandamus; request for petition stayed. [HTML, WP5.1]
RAY THORNTON, JUSTICE:
02-450. United Food and Commercial Workers, International Union; Douglas Dority, Individually and as President of the United Food and Commercial Workers, International Union; John Doe; and Mary Roe v. Wal-Mart Stores, Inc., from Benton Circuit. Reversed and Remanded. Brown and Imber, JJ., concur in part and dissent in part. Special Associate Justice Janet Moore dissents. Corbin, J., not participating. (8 PAGES + 5-PAGE CONCURRENCE/DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
02-998. Arkansas Department of Human Services v. Beverly Schroder, from Pulaski Circuit, Sixth Division. Reversed and Remanded. Glaze and Hannah, JJ., dissent. Corbin, J., not participating. (15 PAGES + 2-PAGE DISSENT + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR01-1131. Randy L. Anderson v. State of Arkansas, from Chicot Circuit. Thornton, J., would grant. Corbin, J., not participating.
02-873. R.S. McCullough v. State of Arkansas; The Honorable Sam Pope, Circuit Judge, from Ashley Circuit. Brown, J., would grant. Corbin, J., not participating.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR03-667. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit. Corbin, J., not participating.
03-607. George F. Pitt v. Nancy A. Lueck, from Benton Circuit. Corbin, J., not participating.
03-634. BAAN, U.S.A. v. USA Truck, Inc., from Crawford Circuit. Corbin, J., not participating.
03-644. Death & Permanent Total Disability Trust Fund v. Eugene Branum et al., from Workers' Compensation Commission. Corbin, J., not participating.
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02-450. United Food and Commercial Workers, International Union et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Appellee's motion to strike portions of appellants' reply brief is denied. See opinion this date. Corbin, J., not participating.
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 is denied. Corbin, J., not participating.
CR02-1026. Patrick Romes v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record. Granted 30 days; briefing schedule stayed. Corbin, J., not participating.
CR03-27. Melony Nazaretta and Melissa DeBate v. State of Arkansas, from Van Buren Circuit. Petition for writ of certiorari to complete the record is granted. Corbin, J., not participating.
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 is denied. Corbin, J., not participating.
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. Noted. Corbin, J., not participating.
02-789. Jon R. Sanford v. Sherry W. Sanford, from Pope Circuit. Appellee's motion to reconsider request for oral argument is denied. Corbin, J., not participating.
02-873. R.S. McCullough v. State of Arkansas; The Honorable Sam Pope, Circuit Judge, from Ashley Circuit. Motion for stay of mandate is denied. Corbin, J., not participating.
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 is granted. Corbin, J., not participating.
02-1199. Roy C. Lewellen v. Arkansas Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellee's motion for costs. Granted $117.85. Corbin, J., not participating.
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 is granted. Corbin, J., not participating.
03-434. Cooper Realty Investments, Inc. v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated brief is granted. Corbin, J., not participating.
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 is granted. Corbin, J., not participating.
03-662. Judge Wendell L. Griffen v. The Arkansas Judicial Discipline and Disability Commission, an Original Action. Petition for writ of certiorari. Granted as to petition to bring record of proceedings before the Court. Clerk to set expedited briefing schedule. Corbin, J., not participating.
03-662. Judge Wendell L. Griffen v. The Arkansas Judicial Discipline and Disability Commission, an Original Action. Respondent's notice of filing of administrative record andrequest for briefing schedule is granted. Corbin, J., not participating.
03-673. Sandra McCloud et al. v. Arkansas Department of Human Services, from Jackson Circuit. Motion for rule on clerk is denied. Corbin, J., not participating.
In Re: Administrative Order Number 14 - Administrative Plans. See per curiam this date. Glaze and Imber, JJ., dissent. Corbin, J., not participating. (3 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
In Re: Arkansas Court Automation Project and Administrative Order Number 2. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Committee on Unauthorized Practice of Law. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Hal Kemp, Esq., of Little Rock, Second Congressional District, is reappointed to the Supreme Court Committee on the Unauthorized Practice of Law for a three-year term to expire on May 31, 2006. David L. Beatty, Esq., of Lewisville, Fourth Congressional District, and Ms. Penny Rea of Little Rock, At-Large Position, are appointed to the Committee for three-year terms to expire on May 31, 2006.
The Court expresses thanks to Mr. Kemp for accepting reappointment and to Ms. Rea and Mr. Beatty for accepting appointment to this most important committee.
The Court expresses its appreciation to LeAnne Daniel of Arkadelphia and Sharon Prasse of Little Rock, whose terms have
expired, for their service to the Committee.
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In Re: Enrollment of Attorneys. Following the State Bar Examination in July of this year, and the certification by the Board of those who passed the examination and met all other requirements, thereupon, while the Court is in recess, any Justice of this Court, after satisfying himself of all the above essentials, may authorize and empower the clerk of this Court to enroll such successful candidates as of the date such Justice so acts.
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In Re: Mandates of the Supreme Court of the United States. The clerk is directed to file any mandate received from the United States Supreme Court during recess of this Court, and issue mandate of this Court in compliance therewith.
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In Re: Procedure While Court is in Recess. During the recess of this Court, any individual Justice may act upon matters presented to the Court; provided, however, matters usually acted upon by the entire Court shall not be acted upon by an individual Justice until after the clerk or his deputy has attempted to contact as many of the Justices as possible.