Britt v. State (Pittman, J.) CACR02-973
Criminal law — Battery & assault; victim sustained serious physical injury within meaning of statute; decision supported by substantial evidence; evidence supported finding that appellant acted intentionally or knowingly; no error in trial court's finding that appellant initiated further discussions with police; motion to suppress properly denied. [HTML, WP5.1]

Kelly v. Morrison (Hart, J.) CA03-191
Civil procedure — Nunc pro tunk order; appeal dismissed where appellant only appealed from later order correcting earlier order. [HTML, WP5.1]

River Bar Farms, L.L.C. v. Moore (Vaught, J.) CA03-336
Venue — Venue determined by real character of action; transitory claim included in complaint; venue properly in Conway County; trial court's refusal to dismiss on basis of venue affirmed. [HTML, WP5.1]

Walker v. Torres (Roaf, J.) CA02-1381
Parent & child — Custody; noncustodial parent's remarriage can be considered in determining whether change of circumstances has occurred. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Curtis v. State, CA CR 03-106 (Gladwin, J.), affirmed September 24, 2003. [HTML, WP5.1]

FM Structural Plastic Tech, Inc. v. Hoy, CA 03-253 (Robbins, J.), affirmed September 24, 2003. [HTML, WP5.1]

Hardiman v. State, CA CR 03-14 (Griffen, J.), reversed and remanded in part; reversed and dismissed in part September 24, 2003. [HTML, WP5.1]

Hardin v. St. Joseph's Mercy Health Center, CA 03-151 (Hart, J.), affirmed September 24, 2003. [HTML, WP5.1]

Johnson v. State, CA CR 02-1210 (Bird, J.), affirmed September 24, 2003. [HTML, WP5.1]

Keistler v. State, CA CR 03-40 (Stroud, C.J.), affirmed September 24, 2003. [HTML, WP5.1]

Nesterenko v. Board of Chiropractic Exmnrs., CA 02-1074 (Roaf, J.), affirmed September 24, 2003. [HTML, WP5.1]

Perkins v. Director, E 02-346 (Stroud, C.J.), affirmed September 24, 2003. [HTML, WP5.1]

Rice v. Rice, CA 02-1303 (Baker, J.), affirmed September 24, 2003. [HTML, WP5.1]

Stocks v. Affiliated Foods Southwest, Inc., CA 02-1248 (Per Curiam), dismissed September 24, 2003. [HTML, WP5.1]

Young v. State, CA CR 02-934 (Baker, J.), affirmed September 24, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Barnes v. Director of Labor, E 03-109, September 24, 2003.

Boyd v. Director of Labor, E 03-104, September 24, 2003.

Brown v. Director of Labor, E 03-108, September 24, 2003.

Gomez v. Director of Labor, E 03-110, September 24, 2003.

Higgins v. Director of Labor, E 03-113, September 24, 2003.

Hines v. Director of Labor, E 03-107, September 24, 2003.

Jackson v. Director of Labor, E 03-103, September 24, 2003.

Rahat v. Director of Labor, E 03-111, September 24, 2003.

Razor Chem., Inc. v. Director of Labor, E 03-114, September 24, 2003.

Shell v. Director of Labor, E 03-112, September 24, 2003.

Washington v. Director of Labor, E 03-105, September 24, 2003.

Wilburd v. Director of Labor, E 03-115, September 24, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-40. Lloyd Keistler v. State of Arkansas, from Jefferson Circuit. Affirmed. Bird and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-346. Donald Perkins v. Director, et al., from Board of Review. Affirmed. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-973. Wesley Britt, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin, J., agrees. Baker, J., concurs. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-151, Linda Hardin v. St. Joseph's Mercy Health Center, from Garland Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-191. James J. Kelly v. June Morrison, as Special Administratrix for the Estate of Mildred Bostic, from Pulaski Circuit. Appeal Dismissed. Crabtree and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-106. Ike Curtis v. State of Arkansas, from Chicot Circuit. Affirmed. Bird, J., concurs. Griffen, J., concurs. (6 PAGES + 1-PAGE CONCURRENCE + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-253. FM Structural Plastic Tech, Inc. v. Jeremy Hoy, from Workers' Compensation Commission. Affirmed. Griffen and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-1210. Keon Roshun Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-14. Michael Hardiman v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded in Part; Reversed and Dismissed in Part. Robbins and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-336. River Bar Farms, L.L.C. and Compton Properties v. Leo Moore and Lewis Moore, from Conway Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1303. Denver Lane Rice v. Johnia Lea Rice, from Saline Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA02-1074. Anthony Nesterenko, D.C. v. Board of Chiropractic Examiners, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1381. Wayne Walker v. Lesly Walker Torres, from Sebastian Circuit. Reversed and remanded. Stroud, C.J., Pittman, and Bird, JJ., agree. Hart and Baker, JJ., dissent. (8 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-1248. Douglas Stocks v. Affiliated Foods Southwest, Inc., et al., from Pulaski Circuit. 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).

E03-103. Scott Jackson v. Director et al.

E03-104. Jimmy Boyd v. Director et al.

E03-105. Sydney M. Washington v. Director et al.

E03-107. Mary L. Hines v. Director et al.

E03-108. Laviano R. Brown v. Director et al.

E03-109. Martha J. Barnes v. Director et al.

E03-110. Robert C. Gomez v. Director et al.

E03-111. Lisa M. Rahat v. Director et al.

E03-112. Terry Shell v. Director et al.

E03-113. Cynthia R. Higgins v. Director et al.

E03-114. Razor Chemical, Inc. v. Director et al.

E03-115. Shantese Wilburd v. Director et al.

PER CURIAM ORDERS

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 is granted. Allowed $850.00.

CACR02-1161. Michael James Wicker v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $650.00.

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

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 is granted. Shane Roughley is appointed to represent the appellant. Appellant's brief due November 3, 2003.

CA03-359. James D. Johnson v. Janey R. Johnson, from Benton Circuit. Appellant's motion to supplement the record and for brief time is granted. Supplemental record due October 10, 2003. Brief due November 11, 2003. Griffen, J., would deny.

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

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. Motion to be appointed is granted. William O. "Bill" James, Jr., is appointed to represent the appellee.

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

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 is granted.

CA03-949. PricewaterhouseCoopers, LLP et al. v. Warmack-Muskogee Limited Partnership, from Miller Circuit. Joint motion to supplement the record is remanded to the trial court to settle the record within thirty days.

CA03-955. Certified Systems et al. v. Michael J. Farris, from Workers' Compensation Commission. Appellants' motion to strike reference in the record is remanded to the Commission to settle the record within thirty days.

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 is denied.

E03-127. Shana R. Mynatt et al. v. Director et al., from Board of Review. Appellants' motion to stay brief time is granted. Brief due November 23, 2003.

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

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CA02-699. Edmundo Rogers v. Cynthia Rogers, from Benton Circuit.

CA02-1311. E-Ton Dynamics Industrial Corporation v. Mickie Hall, from Greene Circuit.

CA03-37. Thomas S. Leslie v. Sharron J. Leslie, from Boone Circuit.

CA03-64. Raymon Bledsoe et ux. v. Steve Lackey, from Crittenden Circuit.

CA03-167. Joseph Riddle, Sr. et al. v. Conrad F. Kaelin et al., from Sebastian Circuit, Fort Smith District.

 *****************************

 CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Pro se motion for appointment of new counsel.

CACR02-1008. Antwon Bankston v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees.

CACR02-1252. Samuel Walters v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit, Eastern District. Appellee's motion for extension of brief time.

CACR03-351. Chester Arthur Sims v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for additional brief time.

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Appellant's pro se motion for copy of transcript.

CACR03-729. Harvey Morris and Donna Morris v. State of Arkansas, from Craighead Circuit, Western District. Appellants' motion to allow belated supplement to the record.

CACR03-823. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal

CA02-1051. Kerry Leigh Remer v. Tom January Floors, Inc., from Washington Circuit. Appellee's motion for costs and attorney's fees.

CA02-1311. E-Ton Dynamics Industrial Corporation v. Mickie Hall, from Greene Circuit. Appellee's motion to supplement the record.

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

CA03-506. Dianne Davis v. Alan Hageman, from Pulaski Circuit, Fourteenth Division. Appellant's motion to amend brief .

CA03-596. Pamela Jefferson v. Arkansas Department of Human Services et al., from Pulaski Circuit, Tenth Division. Appellees' joint motion to dismiss appeal.

CA03-711. Daniel Fields v. Terri Rankin Byrd, from Perry Circuit. Appellee's motion to dismiss appeal.

CA03-748. John Hill, M.D. v. Anita Billups, from St. Francis Circuit. Appellee's motion to file belated brief.

CA03-843. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission. Appellant's motion to file belated brief.

SUBMISSIONS

CA02-1286. John E. Atkins v. Bob Fewell, from Pulaski Circuit, Twelfth Division. Argued orally.

CA03-242. John E. Atkins v. Bobbie E. Fewell, from Pulaski Circuit, Fifth Division. Argued orally.

CA02-1143. Mark Harness v. Buddy Curtis, from Pulaski Circuit, Second Division. Argued orally.

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit.

CACR02-1298. Zachary Roberts v. State of Arkansas, from Lonoke Circuit.

CACR03-15. Richard Earl Von Holt, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-79. Constance Wayne v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-95. Marcus K. Vincent v. State of Arkansas, from Drew Circuit.

CACR03-101. Timothy Ramon Moore v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-174. Reco Blakely v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-335. Jeffrey Hyland v. State of Arkansas, from Garland Circuit.

CACR03-360. Mary Bradley v. State of Arkansas, from Arkansas Circuit, Northern District.

CA02-214. Builder One Carpet One v. David Wilkins et ux., from Pulaski Circuit, Seventh Division.

CA02-1054. Gail Parkerson v. James A. Arthur, M.D. et al., from Garland Circuit.

CA03-34. Kent E. Mullins et ux. v. Joseph R. Ward et ux., from Jefferson Circuit.

CA03-66. John Frank Qualls, Jr. v. Robert Foster et al., from Jackson Circuit.

CA03-202. Indiana Lumbermen's Mutual Insurance Company v. Phoenix Surety Group, from Pulaski Circuit, Third Division.

CA03-357. Eplurivus West v. May Jo Williams et al., from Sebastian Circuit, Fort Smith District.

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

 E03-132. David R. Moss v. Director et al.

E03-133. Jerri L. Wilson v. Director et al.

E03-134. Carri M. Johnson v. Director et al.

E03-135. Judy Baker v. Director et al.

E03-136. James D. Styers v. Director et al.

E03-137. Chris S. Malekshahian v. Director et al.

E03-138. Barbara Finehout v. Director et al.

E03-140. Rossel E. Jones v. Director et al.

E03-141. Richard D. Moore v. Director et al.

E03-142. Kevin L. Nutt v. Director et al.

E03-144. Esther Lynn Rupe v. Director et al.

E03-145. Val Ruby v. Director et al.