Daniels v. Arkansas Waffles, Inc. (Vaught, J.) CA03-94
Workers' compensation — Commission decided that appellant was not performing employment services at time of her alleged injury; decision supported by substantial evidence. [HTML, WP5.1]

Harris v. Ozment (Griffen, J.) CA02-1383
Physicians & surgeons — Medical malpractice; action filed by appellant was outside statute of limitations period & was barred; appellant's complaint not timely filed; summary judgment affirmed. [HTML, WP5.1]

Simmons v. State (Hart, J.) CACR02-1369
Search & seizure — Appellant not "seized" by "show of authority"; no utterances or conduct of police that would have conveyed to reasonable person that he was being ordered to restrict movement; contraband abandoned before appellant's seizure not product of seizure; denial of motion to suppress affirmed. [HTML, WP5.1]

Smith v. Malone (Neal, J.) CA03-146
Contracts — Statute of frauds; appellee's possession not sufficient part performance to remove case from statute without some payment to sellers; trial court erred in ordering specific performance. [HTML, WP5.1]

Wren v. Sanders Plumbing Supply (Crabtree, J.) CA03-102
Workers' compensation — Appellant never assigned permanent impairment rating; appellant failed to prove entitlement to permanent disability or wage-loss benefits. [HTML, WP5.1]

SUBSTITUTED OPINION UPON DENIAL OF PETITION FOR REHEARING

Paschal v. Paschal (Baker, J.) CA02-995
Divorce — Child support; trial judge calculated correct amount of support & set sum certain in compliance with Administrative Order N. 10; trial court properly considered appellant's bonus in determining support obligation. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Austin v. State, CA CR 02-1344 (Crabtree, J.), affirmed September 17, 2003 .[HTML, WP5.1]

Branscumb v. Freeman, CA 02-1030 (Per Curiam), dismissed September 17, 2003. [HTML, WP5.1]

Finney v. State, CA CR 02-1272 (Gladwin, J.), affirmed September 17, 2003. [HTML, WP5.1]

Keck v. City of Bonanza, CA 02-843 (Neal, J.), affirmed September 17, 2003. [HTML, WP5.1]

Keniston v. State, CA CR 03-88 (Robbins, J.), affirmed September 17, 2003. [HTML, WP5.1]

Kiesling v. Smith, CA 03-177 (Stroud, C.J.), rebriefing ordered September 17, 2003. [HTML, WP5.1]

Loyd v. Riverside Furniture Corp., CA 03-65 (Baker, J.), affirmed September 17, 2003. [HTML, WP5.1]

Lynn v. Cox, CA 02-848 (Stroud, C.J.), reversed and remanded on direct appeal; affirmed in part and remanded in part on cross-appeal September 17, 2003. [HTML, WP5.1]

Massey v. Massey, CA 03-138 (Pittman, J.), affirmed September 17, 2003. [HTML, WP5.1]

Maughn v. State, CA CR 02-1356 (Roaf, J.), appeal dismissed September 17, 2003.[ HTML, WP5.1]

Murphy v. State, CA CR 02-1300 (Neal, J.), affirmed September 17, 2003. [HTML, WP5.1]

Orr v. Arkansas Nat'l Bank, CA 02-1095 (Griffen, J.), affirmed September 17, 2003. [HTML, WP5.1]

Perry v. Baptist Health, CA 02-1067 (Griffen, J.), affirmed September 17, 2003. [HTML, WP5.1]

Ray v. Burns, CA 03-213 (Robbins, J.), affirmed September 17, 2003. [HTML, WP5.1]

Springdale Diagnostic Clinic v. Northwest Physicians, L.L.C., CA 03-103 (Hart, J.), affirmed September 17, 2003. [HTML, WP5.1]

Wingmead, Inc. v. Lee, CA 02-1263 (Roaf, J.), appeal dismissed September 17, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Blood v. Director of Labor, E 02-215, September 17, 2003.

Farr v. Director of Labor, E 03-99, September 17, 2003.

Mahoney v. Director of Labor, E 03-98, September 17, 2003.

Mason v. Director of Labor, E 03-95, September 17, 2003.

Price v. Director of Labor, E 02-206, September 17, 2003.

Pro Transp., Inc. v. Director of Labor, E 03-96, September 17, 2003.

Ramirez v. Director of Labor, E 03-94, September 17, 2003.

Short v. Director of Labor, E 02-252, September 17, 2003.

Smith v. Director of Labor, E 03-086, September 17, 2003.

Trotter v. Director of Labor, E 03-102, September 17, 2003.

Turner v. Director of Labor, E 03-93, September 17, 2003.

Williams v. Director of Labor, E 03-100, September 17, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA02-848. Mark A. Lynn v. Richard L. Cox, Trustee v. Mark A. Lynn and Georgia Lynn, from Phillips Circuit. Reversed and Remanded on Direct Appeal; Affirmed in Part and Remanded in Part on Cross-Appeal. Bird and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-177. John E. Kiesling, Jr., Carroll Cone, and Caroline M. Cone v. Jeffery Smith and Sandra Smith, from Jefferson Circuit. Rebriefing Ordered. Bird and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-138. Glenna L. Massey v. Walton L. Massey, from Pope Circuit. Affirmed. Gladwin and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-1369. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA03-103. Springdale Diagnostic Clinic v. Northwest Physicians, L.L.C., and Northwest Primary Care Physicians, P.A., from Washington Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-1272. James Finney v. State of Arkansas, from Hot Spring Circuit. Affirmed. Pittman and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-88. Shawn Keniston v. State of Arkansas, from Carroll Circuit, Western District. Affirmed. Griffen and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-213. Sandra S. Ray, Peggy Burns-Rappold, Judy A. Lange, Becky J. Spain, and Patrick C. Burns v. Kent Joseph Burns, from Faulkner Circuit. Affirmed. Griffen and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA02-1067. Bobby D. Perry v. Baptist Health, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1095. Tommy Orr, Sandra Orr, and T&S Diversified, Inc. v. Arkansas National Bank, from Benton Circuit. Affirmed. Robbins and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1383. Christina Harris v. Kerry Ozment, M.D., P.A., from Saline Circuit. Affirmed. Gladwin and Bird, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-1300. James J. Murphy v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-843. James Keck v. City of Bonanza, Arkansas, from Sebastian Circuit. Affirmed. Robbins and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-146. T. J. Smith, Jr. and Earnestine Smith v. Edward Malone, from Saline Circuit. Reversed. Griffen, J., agrees. Robbins, J., concurs. (6 PAGES + 2-PAGE CONCURRENCE PUBLISHED [HTML, WP5.1])

LARRY D. VAUGHT, JUDGE:

CA03-94. Sharon R. Daniels v. Arkansas Waffles, Inc. and Fremont Indemnity Company, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Bird, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-1344. Pamela Yvette Austin v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-102. Teddy Wren v. Sanders Plumbing Supply and Fremont Indemnity Insurance, from Workers' Compensation Commission. Affirmed. Hart and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-65. Kurt Loyd v. Riverside Furniture Corporation and Second Injury Fund, from Workers' Compensation Commission. Affirmed. Pittman and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-1356. Mark Maughn v. State of Arkansas, from Garland Circuit. Appeal Dismissed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1263. Wingmead, Inc. v. Randall Lee, from Monroe Circuit. Appeal Dismissed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-1030. James C. Branscumb v. Clinton Freeman, from Jefferson Circuit. Dismissed. (2 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).

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

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

E02-252. Cynthia A. 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.

PER CURIAM ORDERS

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

CA02-995. Paul James Paschal v. Alice Paschal, from Washington Circuit. See substituted opinion on denial of rehearing. (4 PAGES PUBLISHED) [HTML, WP5.1]

*****************************

CACR02-830. Gary J. Roberts v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to extend time to correct brief is granted.

CACR02-1025. Gary Green v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $750.00.

CACR02-1085. Steve Kinzalow v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees is granted. Allowed $750.00.

CACR02-1104. Timmy Glen Murphy and Lewis Ray v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees regarding appellant Timmy Glen Murphy is granted. Allowed $750.00.

CACR02-1201. Frederick Smith v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $750.00.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion for transcript is denied.

CACR03-583. Roy E. Franklin, Jr. v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of counsel is denied.

CACR03-614. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted.

CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to put videotapes in brief in cd-rom or dvd format and to dispense with abstracting is granted as to cd-rom in lieu of abstracting.

CACR03-926. Chad Edward Gillyard v. State of Arkansas, from Faulkner Circuit. Motion of Robert W. Bush to be relieved as counsel for appellant is granted. Mark Horoda is appointed to represent the appellant.

CA03-46. Bio-tech Pharmacal, Inc. v. International Business Connections, LLC, from Washington Circuit. Motion of Marcia M. Brinton to withdraw as counsel for appellee, entry of appearance of Brenda Horn Austin and motion for brief time are granted.

CA03-222. Consumer Utilities Rate Advocacy Division v. Arkansas Public Service Commission et al., from Public Service Commission. Appellant's motion for consideration of oral argument is denied. Hart, Crabtree, and Roaf, JJ., would grant.

CA03-454. Marlene Sheppard v. Robert R. Speir, from Washington Circuit. Appellant's pro se motion for additional time to correct brief is granted. Gladwin, J., not participating.

CA03-528. Christy Pack et al. v. Arkansas Department of Human Services, from Ashley Circuit. Appellants' motion to file non-conforming brief is granted. Stroud, C.J., and Griffen, J., would deny.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Thomas B. Wilson to be relieved as counsel for appellant is granted.

CA03-574. Wade Matthew Ceola v. Ashley (Ceola) Burnham, from Pope Circuit. Appellant's motion to file belated brief is granted. Gladwin, J., not participating.

CA03-575. Maggie Young v. The Gastro-Intestinal Center, Inc., from Pulaski Circuit, Second Division. Appellee's motion for certiorari to complete and to correct the record and to stay brief time is remanded to the trial court to settle the record within thirty days. Roaf, J., not participating.

CA03-632. Patricia Thomas v. Ruston Pierce, M.D., from Jefferson Circuit. Appellant's motion for additional brief time is granted. Bird, Griffen, and Crabtree, JJ., would make this final extension.

CA03-669. Carl S. Hurst v. Willie B. Dixon, from Phillips Circuit. Appellee's motion to dismiss appeal is denied.

CA03-715. David Camp v. Neva Camp, from Lafayette Circuit. Motion of Pamela Fisk to be relieved as counsel for appellant is granted.

CA03-807. Randal Moseley, Sr. v. Paradise Landing & Fishing Village, Inc., et al., fromFaulkner Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days. Bird, J., would grant. Crabtree, J., would deny.

CA03-827. Troy Elliott v. Roberta Elliott, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for reconsideration of motions denied on August 20, 2003 is denied. Motion for extension of brief time is granted. Appellant's brief due October 19, 2003.

MOTIONS SUBMITTED

CACR02-771. Robert W. Schneider, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR02-1161. Michael James Wicker v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees.

CACR03-426. Perry Lamar Adkins v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement the record and for brief time.

CACR03-809. Tami Thrailkill v. State of Arkansas, from Scott Circuit. Motion of Jason W. Massey to be relieved as counsel for appellant and to stay brief time.

CA03-359. James D. Johnson v. Janey R. Johnson, from Benton Circuit. Appellant's motion to supplement the record and for brief time.

CA03-457. Jackie L. Whiteside v. Robert N. Whiteside, Jr., from Arkansas Circuit, Southern District. Appellant's motion for additional brief time.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Motion of the James Law Firm to be relieved or be appointed as counsel for the appellee.

CA03-611. Christopher Battishill et al. v. Arkansas Department of Human Services, from Greene Circuit. Appellant's motion for additional brief time.

CA03-629. First Baptist Church of Rose Bud, Arkansas v. Town of Rose Bud, Arkansas, from White Circuit. Appellee's motion to include exhibits in the record.

CA03-774. Litigation Partners of America, Inc. et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Motion for emergency order staying enforcement of all orders or judgments after notice of appeal was filed and motion for leave to file supersedeas if required for stay.

CA03-774. Litigation Partners of America, Inc. et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Motion for emergency order reversing judgment against property of Christopher Edelmann in satisfaction of judgment.

CA03-774. Litigation Partners of America, Inc. et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Motion of Christopher Edelmann to intervene and for leave to expand the record.

CA03-774. Litigation Partners of America, Inc. et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Petition of Christopher Edelmann and Mary Edelmann for writ of mandamus.

CA03-835. Jerry Garretsen et ux. v. John E. Johnson et ux., from Yell Circuit, Northern District. Appellants' motion to incorporate partial record filed in 03-536 into case CA03-835.

CA03-835. Jerry Garretsen et ux. v. John E. Johnson et ux., from Yell Circuit, Northern District. Appellees' motion to dismiss appeal and for costs.

CA03-835. Jerry Garretsen et ux. v. John E. Johnson et ux., from Yell Circuit, Northern District. Appellants' motion to set aside lower courts ruling on stay of proceedings and allowance of supersedeas bond.

CA03-835. Jerry Garretsen et ux. v. John E. Johnson et ux., from Yell Circuit, Northern District. Appellants' motion to proceed and give judgment on appellants' motion.

CA03-949. PricewaterhouseCoopers LLP, et al. v. Warmack-Muskogee Limited Partnership, from Miller Circuit. Joint motion to supplement the record.

CA03-965. First National Bank as Guardian of the Estate of Terry Albert Anderson v. Wendy Mitts, from Lawrence Circuit. Appellant's motion to correct the record.

E03-127. Shana R. Mynatt et al. v. Director et al., from Board of Review. Appellants' motion to stay brief time.

E03-275. Kristie Gregory v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CACR02-1001. Glenn E. George v. State of Arkansas, from Garland Circuit. Argued orally.

CA03-143. Office of Child Support Enforcement v. Roger Lee Watkins, from Washington Circuit. Argued orally.

CA02-1325. Marjorie E. Walker v. First Financial Insurance Company, from Garland Circuit. Argued orally.

CACR02-932. David Wayne Fulmer v. State of Arkansas, from White Circuit.

CACR02-1313. Robert Hampton v. State of Arkansas, from Ashley Circuit.

CACR02-1371. Larry Dewayne Jones v. State of Arkansas, from Pulaski Chancery, Sixth Division.

CACR03-43. Roy Breshears v. State of Arkansas, from Saline Circuit.

CACR03-113. Christopher Spann v. State of Arkansas, from Chicot Circuit.

CACR03-153. Tammy Love v. State of Arkansas, from Logan Circuit, Southern District.

CACR03-239. Juan Perez-Herrera v. State of Arkansas, from Saline Circuit.

CACR03-259. Derrick Starks v. State of Arkansas, from Chicot Circuit.

CA02-957. Walter O'Dell et ux. v. Arkansas Department of Human Services, from Baxter Circuit.

CA02-1373. Richard Henley v. Leon Britton, from Faulkner Circuit.

CA03-263. Southwestern Bell Telephone Company v. Kevin Garner, from Benton Circuit.

CA03-300. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit.

CA03-339. Sherry Ebbs v. Kerry Ozment, M.D., P.A., from Saline Circuit.

CA03-349. Development & Construction Management, Inc. v. City of North Little Rock, from Pulaski Circuit, Seventeenth Division.

CA03-422. Jesse L. Harris v. J. B. Hunt Transport, Inc., from Arkansas Circuit, Northern District.

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

 E03-116. Michael P. Fitzmorris v. Director et al.

E03-117. Michael P. Fitzmorris v. Director et al.

E03-119. Patricia L. Frese v. Director et al.

E03-120. Michael Buchanan v. Director et al.

E03-122. Family Eye Clinic v. Director et al.

E03-123. Danny Brubaker v. Director et al.

E03-124. George's, Inc. v. Director et al.

E03-125. Roberto Verdecia v. Director et al.

E03-126. Brenda L. Beck Washington v. Director et al.

E03-129. Jesse C. Ephlin v. Director et al.

E03-130. Willie Washington v. Director et al.

E03-131. Gural Foster v. Director et al.