ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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Opinions delivered
October 8, 2003


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Kuhn v. Director (Gladwin, J.) E03-04
Unemployment compensation — Ark. Code Ann. § 11-10-509(a); claimant seeking benefits based on noneducational employment not precluded from receiving benefits during between-terms periods; denial of benefits reversed where decision was based on erroneous view of law & therefore arbitrary & capricious. [HTML, WP5.1]

Rogers v. Rogers (Roaf, J.) CA02-1361
Parent & child — Sufficient cause to show special circumstances requiring continued payment of child support lacking; trial court erred in reinstating child support; trial court's modification of independent property-settlement agreement unsupported by evidence; award reversed; trial court erred in ordering appellant to reimburse appellee for teenager's medical expenses; point reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bradley v. State, CA CR 03-360 (Roaf, J.), reversed and remanded October 8, 2003. [HTML, WP5.1]

Carter v. State, CA CR 02-948 (Vaught, J.), affirmed October 8, 2003. [HTML, WP5.1]

Harness v. Curtis, CA 02-1143 (Hart, J.), appeal dismissed October 8, 2003. [HTML, WP5.1]

Harris v. J.B. Hunt Transport, Inc., CA 03-422 (Crabtree, J.), affirmed in part; reversed and remanded in part October 8, 2003. [HTML, WP5.1]

Hyland v. State, CA CR 03-335 (Stroud, C.J.), affirmed October 8, 2003. [HTML, WP5.1]

Indiana Lumbermen's Mut. Ins. Co. v. Phoenix Surety Group, Inc., CA 03-202 (Pittman, J.), affirmed October 8, 2003. [HTML, WP5.1]

Moore v. State, CA CR 03-101 (Bird, J.), affirmed October 8, 2003. [HTML, WP5.1]

Mullins v. Ward, CA 03-34 (Crabtree, J.), affirmed October 8, 2003. [HTML, WP5.1]

Qualls v. Foster, CA 03-66 (Baker, J.), reversed and remanded October 8, 2003. [HTML, WP5.1]

Roberts v. State, CA CR 02-1298 (Crabtree, J.), affirmed October 8, 2003. [HTML, WP5.1]

Vincent v. State, CA CR 03-95 (Robbins, J.), affirmed October 8, 2003. [HTML, WP5.1]

Von Holt v. State, CA CR 03-15 (Baker, J.), rebriefing ordered October 8, 2003. [HTML, WP5.1]

Waterloo Indus., Inc. v. Palmer, CA 03-108 (Pittman, J.), affirmed October 8, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Baker v. Director of Labor, E 03-135, October 8, 2003.

Finehout v. Director of Labor, E 03-138, October 8, 2003.

Johnson v. Director of Labor, E 03-134, October 8, 2003.

Jones v. Director of Labor, E 03-140, October 8, 2003.

Malekshahian v. Director of Labor, E 03-137, October 8, 2003.

Moore v. Director of Labor, E 03-141, October 8, 2003.

Moss v. Director of Labor, E 03-132, October 8, 2003.

Nutt v. Director of Labor, E 03-142, October 8, 2003.

Ruby v. Director of Labor, E 03-145, October 8, 2003.

Rupe v. Director of Labor, E 03-144, October 8, 2003.

Styers v. Director of Labor, E 03-136, October 8, 2003.

Wilson v. Director of Labor, E 03-133, October 8, 2003.


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-335. Jeffrey Hyland v. State of Arkansas, from Garland Circuit. Affirmed. Neal and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-108. Waterloo Industries, Inc. v. Peggy Palmer, from Workers' Compensation Commission. Affirmed. Gladwin and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-202. Indiana Lumbermen's Mutual Insurance Company v. Phoenix Surety Group, Inc., et al., from Pulaski Circuit. Affirmed. Griffen, J., agrees. Hart, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA02-1143. Mark Harness v. Buddy Curtis and Rose Curtis, from Pulaski Circuit. Appeal Dismissed. Pittman and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

E03-4. Patricia R. Kuhn v. Director, Arkansas Employment Security Divison and Webster University, from Board of Review. Reversed and Remanded for Award of Benefits. Pittman and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-95. Marcus K. Vincent v. State of Arkansas, from Drew Circuit. Affirmed. Gladwin and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-101. Timothy Ramon Moore v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-948. Delarett Carter v. State of Arkansas, from Jefferson Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-1298. Zachery Roberts v. State of Arkansas, from Lonoke Circuit. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-34. Kent E. Mullins and Michelle Mullins v. Joseph R. Ward and Evela Ward, from Jefferson Circuit. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-422. Jessie L. Harris v. J.B. Hunt Transport, Inc., from Arkansas Circuit. Affirmed in Part; Reversed and Remanded in Part. Roaf, J., agrees. Hart, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-15. Richard Earl Von Holt, Jr. v. State of Arkansas, from Sebastian Circuit. Rebriefing Ordered. Vaught and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-66. John Frank Qualls, Jr. v. Robert Foster and Chuck Caldwell, from Jackson Circuit. Reversed and Remanded. Vaught and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-360. Mary Bradley v. State of Arkansas, from Arkansas Circuit. Reversed and Remanded. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1361. Gregory S. Rogers v. Linda Rogers, from Hot Spring Circuit. Affirmed in Part; Reversed in Part; Reversed and Remanded in Part. Neal, Vaught, and Crabtree, JJ., agree. Stroud, C.J., and Baker, J., concur in part; dissent in part. (8 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [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).

E03-132. 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.

PER CURIAM ORDERS

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

CA03-146. T. J. Smith, Jr. and Earnestine Smith v. Edward Malone, from Saline Circuit.

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CACR03-112. Norbert Fernano Rennie v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time is granted.

CACR03-239. Juan Perez-Herrera v. State of Arkansas, from Saline Circuit. Motion of Brent Houston for attorney's fees is granted. Allowed $750.00.

CACR03-628. Richard Turner v. State of Arkansas, from Washington Circuit. Appellant's motion to reinstate appeal is granted.

CACR03-727. Patricia Ann King v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement and correct the record is granted.

CACR03-802. Andre' Antonio Roddy v. State of Arkansas, from Phillips Circuit. Appellant's motion to file belated brief is granted. Appellant's brief due in thirty days.

CA03-317. R. C. Robertson v. Raymond Lees et ux., from Scott Circuit. Appellant's motion to strike brief is denied.

CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit. Appellant's motion for additional brief time is granted. Robbins, J., would grant thirty-day extension. Stroud, C.J., Gladwin and Vaught, JJ., would make this final extension. Griffen and Crabtree, JJ., would deny.

CA03-384. Top Quality Badges, Inc. v. Regina Smith et al., from Union Circuit. Appellant's motion for additional brief time is granted. Robbins, J., would grant thirty-day extension. Stroud, C.J., Gladwin and Vaught, JJ., would make this final extension. Griffen and Crabtree, JJ., would deny.

E03-4. Patricia Kuhn v. Director et al., from Board of Review. Appellees' motion to dismiss appeal is denied. See opinion this date. [HTML, WP5.1]

SUBMISSIONS

CACR02-1111. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Chancery, Sixth Division. Argued orally.

CA03-419. Arkansas Department of Human Services v. Georgiana Darrough, from Jackson Circuit. Argued orally.

CA03-31. Paul Swaims v. Samuel T. Greenway, from Independence Circuit. Argued orally.

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-1206. Mandi Tanner v. State of Arkansas, from Faulkner Circuit.

CACR02-1376. Thomas Earl Loy v. State of Arkansas, from Garland Circuit.

CACR03-91. Christopher W. Elmore v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-158. Jason Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-238. Gary Mark Buck v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-328. Rodney Doubleday v. State of Arkansas, from Van Buren Circuit.

CA03-11. Mark Heptinstall v. Asplundh Tree Expert Company et al., from Workers' Compensation Commission.

CA03-85. Chris Stuart v. Marnie Stuart Killion, from Searcy Circuit.

CA03-225. Priola Brothers Enterprises, L. P. et al. v. James Hawkins et al., from Baxter Circuit.

CA03-226. Arkansas Department of Human Services v. In the Matter of Charles Brandenberg, from Garland Circuit.

CA03-240. Curtis Burris v. L & B Moving and Storage, from Workers' Compensation Commission.

CA03-268. Terry A. Gibson v. Pat C. Gibson, III, from Cleveland Circuit.

CA03-389. Arkansas River Rights Committee, Inc. et al. v. Echubby Lake Hunting Club, LLC, from Lincoln Circuit.

CA03-435. Bob Shrable et ux. v. Donnie Allison et al., from Lawrence Circuit.

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

E03-161. Joyce G. Turner v. Director et al.

E03-162. Elliot Harris, Jr. v. Director et al.

E03-163. Elliot Harris, Jr. v. Director et al.

E03-164. David Holt v. Director et al.

E03-165. Aletha F. Hultberg v. Director et al.

E03-166. April D. Beard v. Director et al.

E03-167. Tamara K. Wesley v. Director et al.

E03-168. Terry L. Bledsoe v. Director et al.

E03-169. Donna J. Brown v. Director et al.

E03-171. Micro Plastics, Inc. v. Director et al.

E03-173. Bill Clark, Jr. v. Director et al.

E03-174. John E. Benberg v. Director et al.