ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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Opinions delivered
September 3, 2003


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E-Ton Dyanmics Indus. Corp. v. Hall (Robbins, J.) CA02-1311
Damages — Remittitur; doctor's speculative testimony erroneously admitted; reversal & remand for new trial was only remedy. [HTML, WP5.1]

Excelsior Hotel v. Squires (Hart, J.) CA03-116
Workers' compensation — Several findings of fact absent; case reversed & remanded for specific findings of fact & conclusions of law to support Commission's decision. [HTML, WP5.1]

Milton v. State (Bird, J.) CACR03-257
Appeal & error — Parties bound by scope & nature of arguments presented at trial; arguments not raised at trial not addressed on appeal. [HTML, WP5.1]

Ruffin v. State (Neal, J.) CACR02-1132
Criminal law — First-degree forgery; facts sufficient to support conviction. [HTML, WP5.1]

Smith v. State (Crabtree, J.) CACR02-1201
Arrest — Revocation of probation; circuit court had jurisdiction under Ark. Code Ann. § 5-4-303(h)(2) to revoke appellant's probation. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Brown v. Bush, CA 03-100 (Roaf, J.), affirmed September 3, 2003. [HTML, WP5.1]

City of Fort Smith v. Pense Enters., CA 02-1196 (Per Curiam), appeal dismissed September 3, 2003. [HTML, WP5.1]

Forrest v. Arkansas Dep't of Human Servs., CA 03-125 (Gladwin, J.), affirmed September 3, 2003. [HTML, WP5.1]

Gaylord v. State, CA CR 02-1370 (Pittman, J.), remanded to settle record September 3, 2003. [HTML, WP5.1]

Humphrey v. State, CA CR 02-1265 (Pittman, J.), reversed and remanded September 3, 2003. [HTML, WP5.1]

King v. State, CA CR 03-98 (Hart, J.), affirmed September 3, 2003. [HTML, WP5.1]

Leslie v. Leslie, CA 03-37 (Crabtree, J.), affirmed in part; remanded in part September 3, 2003. [HTML, WP5.1]

Love Box Co. v. Salley, CA 03-87 (Bird, J.), affirmed September 3, 2003. [HTML, WP5.1]

Riddle v. Kaelin, CA 03-167 (Baker, J.), affirmed September 3, 2003. [HTML, WP5.1]

Schneider v. State, CA CR 02-771 (Robbins, J.), reversed and remanded September 3, 2003. [HTML, WP5.1]

Smith v. State, CA CR 02-1108 (Roaf, J.), affirmed September 3, 2003. [HTML, WP5.1]

Wells v. State, CA CR 02-996 (Stroud, C.J.), affirmed September 3, 2003. [HTML, WP5.1]

Wicker v. State, CA CR 02-1161 (Vaught, J.), affirmed September 3, 2003. [HTML, WP5.1]

Williams, Lucretia v. Blissard Management & Realty, Inc., CA 02- 1339 (Stroud, C.J.), affirmed September 3, 2003. [HTML, WP5.1]

Williams, Harmon v. State, CA CR 02-1075 (Crabtree, J.), affirmed September 3, 2003. [HTML, WP5.1]

Woodall v. Woodall, CA 03-33 (Vaught, J.), affirmed September 3, 2003. [HTML, WP5.1]

Woods v. Dub Clenney Constr. Co., CA 03-19 (Neal, J.), affirmed September 3, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Alcorn v. Director of Labor, E 03-89, September 3, 2003.

Allen v. Director of Labor, E 03-79, September 3, 2003.

Cummings v. Director of Labor, E 03-88, September 3, 2003.

Davis v. Director of Labor, E 03-84, September 3, 2003.

DeJarnatte v. Director of Labor, E 03-77, September 3, 2003.

Fuson v. Director of Labor, E 03-81, September 3, 2003.

Grubbs v. Director of Labor, E 03-78, September 3, 2003.

Johnson v. Director of Labor, E 03-85, September 3, 2003.

Martin v. Director of Labor, E 03-76, September 3, 2003.

Null v. Director of Labor, E 03-90, September 3, 2003.

Smith v. Director of Labor, E 03-82, September 3, 2003.

Watts v. Director of Labor, E 03-92, September 3, 2003.


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-996. Ralph Nelson Wells v. State of Arkansas, from Drew Circuit. Affirmed. Neal and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1339. Lucretia Williams, John Sorrenson, and William B. Brady v. Blissard Management & Realty, Inc., from Pulaski Circuit, Seventh Division. Affirmed. Neal and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1265. Rayconda Humphrey v. State of Arkansas, from Arkansas Circuit, Northern District. Reversed and Remanded. Hart and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1370. Richard Gaylord v. State of Arkansas, from Sebastian Circuit, Greenwood District. Remanded to Settle Record. Hart and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-98. Michelle King v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-116. Excelsior Hotel and Twin City Fire Insurance Company v. Larry Squires, from Workers' Compensation Commission. Reversed and Remanded. Pittman and Robbins, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-125. Rachel Forrest v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-771. Robert W. Schneider, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Reversed and Remanded. Pittman and Hart, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1311. E-Ton Dynamics Industrial Corporation v. Mickie Hall and Shay Hall, from Greene Circuit. Reversed and Remanded. Pittman, J., agrees. Hart, J., concurs. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-257. Willie Milton, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Gladwin and Griffen, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

CA03-87. Love Box Company and Insurance Management Association v. Andrew Salley, from Workers' Compensation Commission. Affirmed. Gladwin and Griffen, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-1132. Daniel Ray Ruffin v. State of Arkansas, from Arkansas Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA03-19. Randy Woods v. Dub Clenney Construction Company and Bituminous Casualty Corporation, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Crabtree, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-1161. Michael James Wicker v. State of Arkansas, from Saline Circuit. Affirmed. Baker and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-33. Howard Jerry Woodall v. Jeanna Ann Woodall, from Independence Circuit. Affirmed. Baker and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-1075. Harmon Williams v. State of Arkansas, from Hempstead Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1201. Fredrick Lee Smith v. State of Arkansas, from Jefferson Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA03-37. Thomas S. Leslie v. Sharron J. Leslie, from Boone Circuit. Affirmed in Part; Remanded in Part. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-167. Joseph H. Riddle, Sr., Julia A. Riddle, and Beth A. Riddle v. Conrad F. Kaelin, Ava Paulette Kaelin, Cecil B. Knight and Robbie Mae Knight, from Sebastian Circuit. Affirmed. Vaught and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-1108. Melton Oscar Smith v. State of Arkansas, from Arkansas Circuit. Affirmed. Vaught and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-100. Jerald M. Brown and Margaret A. Brown v. Terri S. Bush, from Garland Circuit. Affirmed. Vaught and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-1196. City of Fort Smith, Arkansas v. Pense Enterprises, from Crawford Circuit. Appeal 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).

E03-76. Patricia Martin v. Director et al.

E03-77. Deana G. DeJarnatte v. Director et al.

E03-78. Ramona L. Grubbs v. Director et al.

E03-79. Stanley L. Allen v. Director et al.

E03-81. Donald Fuson v. Director et al.

E03-82. Samantha R. Smith v. Director et al.

E03-84. Sharonda M. Davis v. Director et al.

E03-85. Teresa Johnson v. Director et al.

E03-88. Shannon Cummings v. Director et al.

E03-89. Clarence Alcorn v. Director et al.

E03-90. Michael A. Null v. Director et al.

E03-92. Latoya L. Watts v. Director et al.

PER CURIAM ORDERS

CACR02-1036. Robert Lee Hunter, Jr. v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for injunction is denied.

CACR02-1080. Norman Gaines v. State of Arkansas, from Columbia Circuit. Appellee's motion to dismiss appeal is granted.

CACR02-1224. Jeremy Bearden v. State of Arkansas, from Conway Circuit. Appellant's motion for additional brief time is granted.

CACR03-111. Raye Lynn Harrison v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time is granted. Gladwin, Griffen and Crabtree, JJ., would deny. Stroud, C.J., Vaught and Roaf, JJ., would make this final extension.

CACR03-197. William Lenox v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for additional brief time is granted. Gladwin, Griffen and Crabtree, JJ., would deny. Stroud, C.J., Vaught and Roaf, JJ., would make this final extension.

CACR03-352. Timothy G. Milholland, Jr. v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny.

CACR03-392. Donnalson Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would make this final extension.

CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for belated brief is granted. Abstract and brief due October 1, 2003.

CACR03-814. Gary Lee Evans v. State of Arkansas, from White Circuit. Appellant's motion for additional brief time is granted for ninety days. Griffen and Crabtree, JJ., would grant for sixty days.

CA02-416. Kimberly-Clark Corporation v. Johnny P. Cruse, from Workers' Compensation Commission. Joint motion for extension of time during remand to consider proposed final settlement is granted. Final extension to October 3, 2003. Gladwin, Griffen, Vaught and Crabtree, JJ., would deny.

CA02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Emergency motion of U.S. Bank, National Association to dismiss appeal or, in the alternative, for continuance is denied. Pittman and Crabtree, JJ., would pass until case is submitted. Gladwin, J., not participating.

CA03-310. Margaret Burris et al. v. Y.Z. Burris, Sr. et al., from Pope Circuit. Appellees' motion to file belated supplemental record is granted.

CA03-371. Debra Eades v. Robert P. Eades, from White Circuit. Appellant's motion for additional brief time is granted.

CA03-418. Elizabeth L. Page v. Lamar T. Anderson, from Washington Circuit. Appellant's motion for additional brief time is granted.

CA03-579. Kachina Lands, Inc. et al. v. Nature Land Property Owners Association, Inc., from Saline Circuit. Appellee's motion to dismiss appeal is granted.

CA03-735. Charles Cogburn v. Mary Sue Wolfenbarger, from Montgomery Circuit. Motion of Mary M. Rawlins to withdraw as attorney ad litem is granted.

CA03-790. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit, Thirteenth Division. Appellant's motion for additional brief time is granted.

CA03-793. Teresa Dawn Brooks v. Stephen Wayne Brooks, from Washington Circuit. Appellant's motion to supplement the record and for extension of brief time is granted. Remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.

MOTIONS SUBMITTED

CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit. Appellant's motion for additional brief time.

CACR03-725. Curtis Keith Holt v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to clarify and correct.

CACR03-886. John Amason v. State of Arkansas, from Jefferson Circuit. Motion of Donald E. Warren, Sr. to be substituted as counsel for appellant.

CACR03-938. Steven Ellis v. State of Arkansas, from Clark Circuit. Motion of Lynn D. Lisk to withdraw as counsel for appellant and for appointment of new counsel.

CA02-1192. National Enterprises, Inc. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion to dismiss appeal.

CA03-545. Marcy Cook v. Arkansas Department of Human Services et al., from Pulaski Circuit, Eighth Division. Motion of H.C. Jay Martin and Kathleen O'Connor for substitution of attorney ad litem for the minor appellees.

CA03-719. Karl Steinkraus v. Pulaski County Special School District, from Pulaski Circuit, Seventh Division. Motion of Richard W. Roachell to be relieved as counsel for appellant and to substitute Clayton Blackstock as counsel and for additional brief time.

CA03-748. John Hill, M.D. v. Anita Billups, from St. Francis Circuit. Appellant's motion to correct the record.

CA03-772. Daniel B. Harbour v. James M. Monk, from Union Circuit. Motion of Ronald L. Griggs to withdraw as counsel for appellant.

CA03-807. Randal Moseley, Sr. v. Paradise Landing & Fishing Village, Inc., et al., from Faulkner Circuit. Appellant's motion to supplement the record.

SUBMISSIONS

CA02-1192. National Enterprises, Inc. v. Lake Hamilton Resort, Inc., from Garland Circuit. Argued orally.

E02-239. Gloria J. Billings et al. v. Director et al., from Board of Review. Argued orally.

CA02-1095. Tommy Orr v. Arkansas National Bank, from Benton Circuit. Argued orally.

CACR02-1300. James Jarrod Murphy v. State of Arkansas, from Pulaski Circuit, First Division.

CACR02-1344. Pamela Yvette Austin v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-1356. Mark Maughn v. State of Arkansas, from Garland Circuit.

CACR02-1369. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR03-14. Michael Hardiman v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-88. Shawn Keniston v. State of Arkansas, from Carroll Circuit, Western District.

CA02-843. James Keck v. The City of Bonanza, Arkansas, from Sebastian Circuit, Greenwood District.

CA03-94. Sharon R. Daniels v. Waffles House, Inc., from Workers' Compensation Commission.

CA03-102. Teddy Wren v. Sanders Plumbing Supply et al., from Workers' Compensation Commission.

CA03-120. Richard L. Preston et ux. v. University of Arkansas for Medical Sciences et al., from Pulaski Circuit, Seventh Division.

CA03-138. Glenna L. Massey v. Walton L. Massey, from Pope Circuit.

CA03-151. Linda Hardin v. St. Joseph's Mercy Health Center, from Garland Circuit.

CA03-177. Caroline M. Cone et al. v. Jeffrey Smith et al., from Jefferson Circuit.

CA03-213. Sandra S. Ray v. Kent Joseph Burns, from Faulkner Circuit.

CA03-255. Death & Permanent Disability Trust Fund v. Chris Anderson et al., from Workers' Compensation Commission.

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

E02-206. Paul T. Price v. Director et al.

E02-215. Wiletta R. Blood v. Director et al.

E02-252. Cynthia Short v. Director et al.

E03-86. Maurice D. Smith v. Director et al.

E03-93. Ginger A. Turner v. Director et al.

E03-94. Leonardo P. Ramirez v. Director et al.

E03-95. Brian R. Mason v. Director et al.

E03-96. Pro Transportation, Inc. v. Director et al.

E03-98. Leah R. Mahoney v. Director et al.

E03-99. Kenneth Farr v. Director et al.

E03-100. Susan Y. Williams v. Director et al.

E03-102. Lillie M. Trotter v. Director et al.