Bowman v. State (Hart, J.) CACR02-1322
Criminal law — Reliability of identification; victim's unequivocal testimony was sufficient evidence to sustain appellant's conviction. [HTML, WP5.1]

Brown v. Brown (Stroud, C.J.) CA03-403
Appeal & error — Trial court concluded that appellant was estopped to deny that he was father of two children; conclusion affirmed. [HTML, WP5.1]

Builder One Carpet One v. Wilkins (Vaught, J.) CA02-214
Service of process — Misnomer in complaint not fatal; trial court did not err in refusing to set aside default judgment where service was valid. [HTML, WP5.1]

Castaneda v. Progressive Classic Ins. Co. (Roaf, J.) CA03-186
Insurance — Exclusionary clause not ambiguous; language did not purport to limit its application in respect to other types of claims; named-driver exclusion prevented recovery of uninsured-motorist benefits by named insured; no coverage existed for "any claims" when excluded driver was operating vehicle. [HTML, WP5.1]

Death & Perm. Disab. Trust Fund v. Anderson (Bird, J.) CA03-255
Workers' compensation — Dependency benefit payments include time when "full-time student" does not attend summer sessions; carrier was entitled to credit for summer-break benefits paid to deceased's daughter. [HTML, WP5.1]

Lambert v. Firstar Bank (Baker, J.) CA02-1271
Property — Statutory foreclosures; trial court did not err in finding that appellee bank complied with Arkansas Statutory Foreclosure Act. [HTML, WP5.1]

Parkerson v. Arthur (Neal, J.) CA02-1054
Judgment — Appellant failed to oppose appellees' renewed motion for summary judgment with affidavit from competent witness complying with Ark. Code Ann. § 16-114-206 (1987); summary judgment properly granted to appellees; grant of summary judgment proper on informed consent & battery claims; appellant's failure to provide required expert testimony left no genuine issue of material fact to be resolved. [HTML, WP5.1]

Southwestern Bell Tel. Co. v. Garner (Gladwin, J.) CA03-263
Appeal & error — Verdict that appellee's conduct did not constitute negligence affirmed; issue of damages not addressed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Atkins, John E. v. Fewell, CA 03-242 (Gladwin, J.), affirmed in part; reversed and remanded in part October 22, 2003. [HTML, WP5.1]

Atkins, John E. v. Fewell, CA 02-1286 (Robbins, J.), reversed and remanded October 22, 2003. [HTML, WP5.1]

Blakely v. State, CA CR 03-174 (Griffen, J.), affirmed October 22, 2003. [HTML, WP5.1]

Bridges v. Cater, CA 03-45 (Pittman, J.), affirmed October 22, 2003. [HTML, WP5.1]

Burke v. State, CA CR 02-233 (Per Curiam), Show Cause Order issued October 22, 2003. [HTML, WP5.1]

Cummings v. Arkansas Dep't of Human Servs., CA 03-385 (Neal, J.), affirmed October 22, 2003. [HTML, WP5.1]

Emberson v. State, CA CR 03-96 (Griffen, J.), affirmed October 22, 2003. [HTML, WP5.1]

Gill v. Sevier Healthcare, Inc., CA03-329 (Robbins, J.), affirmed October 22, 2003. [HTML, WP5.1]

Hollister v. State, CA 03-447 (Crabtree, J.), affirmed October 22, 2003. [HTML, WP5.1]

Looney v. State, CA CR 01-1308 (Bird, J.), affirmed October 22, 2003. [HTML, WP5.1]

Morris v. State, CA CR 03-115 (Stroud, C.J.), affirmed October 22, 2003. [HTML, WP5.1]

Nicholson v. Teague Chevrolet., Inc., CA 02-1220 (Vaught, J.), affirmed October 22, 2003. [HTML, WP5.1]

O'Dell v. Arkansas Dep't of Human Servs., CA 02-957 (Baker, J.), affirmed October 22, 2003. [HTML, WP5.1]

Phipps v. State, CA CR 02-692 (Roaf, J.), affirmed October 22, 2003. [HTML, WP5.1]

Soto v. Soto, CA 03-163 (Hart, J.), appeal dismissed October 22, 2003. [HTML, WP5.1]

Spann v. State, CA CR 03-113 (Robbins, J.), affirmed October 22, 2003. [HTML, WP5.1]

Weilenman v. State, CA CR 03-141 (Neal, J.), affirmed October 22, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Ball v. Director of Labor, E 03-160, October 22, 2003.

Barnes v. Director of Labor, E 03-148, October 22, 2003.

Brandon v. Director of Labor, E 03-159, October 22, 2003.

Easter v. Director of Labor, E 03-146, October 22, 2003.

Haynes v. Director of Labor, E 03-158, October 22, 2003.

Kincade v. Director of Labor, E 03-147, October 22, 2003.

Manning v. Director of Labor, E 03-151, October 22, 2003.

Newton v. Director of Labor, E 03-154, October 22, 2003.

Ray v. Director of Labor, E 03-149, October 22, 2003.

Smith v. Director of Labor, E 03-157, October 22, 2003.

Sonic Drive-in v. Director of Labor, E 03-155, October 22, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-115. Marvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-403. Hugh Brown v. Kathy Brown, from White Circuit. Affirmed. Neal and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-45. James Bridges v. Timothy Cater, from Mississippi Circuit. Affirmed. Hart and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-163. Sergio F. Soto v. Katherine Soto, from Pope Circuit. Appeal Dismissed. Pittman and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-242. John E. Atkins and Jeannette W. Atkins v. Bobby E. Fewell, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-263. Southwestern Bell Telephone Company v. Kevin Garner, Individually and d/b/a Willow Springs Excavating, from Benton Circuit. Affirmed. Pittman and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-113. Christopher Spann v. State of Arkansas, from Chicot Circuit. Affirmed. Griffen and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1286. John E. Atkins v. Bob E. Fewell, Robert O. Smith, Jr., Toney Realty Company, Inc., and Whippoorwill Heights Subdivision Partnership, from Pulaski Circuit. Reversed and Remanded. Gladwin and Bird, JJ., agree. (16 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-329. Tobitha Gill v. Sevier Healthcare, Inc. and Cannon Cochran Management Services, Inc., from Workers’ Compensation Commission. Affirmed. Gladwin and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-1308. Warren Looney v. State of Arkansas, from Independence Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-255. Death & Permanent Disability Trust Fund v. Chris Anderson, (Deceased) et al., from Workers’ Compensation Commission. Affirmed. Stroud, C.J., and Vaught, J., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-96. Jamie C. Emberson, Jr. v. State of Arkansas, from Logan Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-1054. Gail Parkerson v. James Arthur, M.D., Allan Gocio, M.D., and Hot Springs Neurosurgery Clinic, P.A., from Garland Circuit. Affirmed. Stroud, C.J., agrees. Roaf, J., concurs. (10 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA03-385. Donna Cummings and James Cummings v. Arkansas Department of Human Services, from Logan Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-1220. Mary Beth Nicholson v. Teague Chevrolet, Inc. and Risk Management Resources, from Workers’ Compensation Commission. Affirmed. Crabtree and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-214. Builder One Carpet One, a/d/b/a Design One Carpet One v. David Wilkins and Janet Wilkins, from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-447. Johnathan Hollister v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA02-1271. Gary Lambert and Nedra Lambert v. Firstar Bank, N.A., from Lincoln Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-692. Jason Todd Phipps v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-186. Dora Castaneda v. Progressive Classic Insurance Company, from Benton Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (8 PAGES 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).

E03-146. Karen Easter v. Director et al.

E03-147. Awanna L. Kincade v. Director et al.

E03-148. Glenda M. Barnes v. Director et al.

E03-149. Perry D. Ray v. Director et al.

E03-151. Arthur L. Manning v. Director et al.

E03-154. Frederick M. Newton v. Director et al.

E03-155. Sonic Drive-in v. Director et al.

E03-158. Joshua C. Haynes v. Director et al.

E03-160. James R. Ball v. Director et al.

PER CURIAM ORDERS

CACR02-158. Archille Clemon Jennings v. State of Arkansas, from Monroe Circuit.

CA02-1095. Tommy Orr, Sandra Orr and T&S Diversified, Inc. v. Arkansas National Bank, from Benton Circuit.

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CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Show cause order issued. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1272. James Finney v. State of Arkansas, from Hot Spring Circuit. Motion of Gregory K. Crain for attorney's fees is granted. Allowed $750.00.

CACR02-1298. Zachary Roberts v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $750.00.

CACR03-174. Reco Blakely v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Julia Llewellyn Ketcham for attorney's fees is granted. Allowed $750.00.

CACR03-205. Earl W. Loy v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time is granted.

CACR03-639. Keith Knight v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time is granted.

CACR03-658. Richard Price v. State of Arkansas, from Grant Circuit. Appellant's petition for writ of certiorari to complete the record and motion for brief time is granted. Appellant's brief due thirty days after completed record is filed.

CACR03-1100. Clifton Mason v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Erin Vinett, Deputy Public Defender, to be relieved as counsel for appellant is granted. Kami S. Wallace is appointed to represent the appellant. Brief due December 1, 2003. Griffen, Crabtree, and Roaf, JJ., would deny.

CA02-993. Rebecca Chambers v. Gerald Davenport et ux., from Marion Circuit. Appellant's motion for taxation of costs is moot. Costs assessed on mandate.

CA03-92. Van Buren Tire Company et al. v. Ricky Bean, from Workers' Compensation Commission. Appellee's motion for award of attorney's fees is granted.

CA03-404. Thurman A. Hobbs et ux. v. Lotsip, Inc., from Pulaski Circuit, Second Division. Appellee's second motion to dismiss appeal is denied; alternative motion to continue stay is granted until January 21, 2004.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted.

CA03-731. Cynthia Barnes v. White Rodgers et al., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

CA03-740. State Farm Mutual Automobile Insurance Company v. Wilfer Henderson, from Columbia Circuit. Motion of Arkansas Trial Lawyers Association for permission to file an amicus curiae brief in support of appellee is granted.

CA03-757. Gordon Gibson v. Connie Gibson, from Pulaski Circuit, Twelfth Division. Joint motion for withdrawal and substitution of counsel for appellee is granted.

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 is granted.

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 is denied.

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 is denied.

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 is denied.

CA03-952. Calvin J. Brooks v. Stone County Ironworks, from Workers' Compensation Commission. Appellant's motions to file belated brief and for additional brief time are granted.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer et al., from Pulaski Circuit, Twelfth Division. Appellants' pro se motion to include pleadings is granted. Record deemed supplemented.

E03-118. The Worksource Inc. v. Director et al, from Board of Review. Appellant's motion to remand for additional evidence is denied. 

E03-118. The Worksource Inc. v. Director et al, from Board of Review. Appellee's motion to stay brief time. Appellees’ brief due in thirty days.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA02-776. Angela L. Williams v. L. Chad Williams, from Miller Circuit.

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CACR03-324. Anthony Leon Waits v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to set appeal bond.

CACR03-335. Jeffrey Hyland v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Appellant's pro se motion to file supplemental brief.

CACR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Appellant's pro se motion for appointment of counsel.

CACR03-625. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CACR03-1045. Kenneth R. Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Teresa M. Smith to be relieved as counsel for appellant and to substitute William O. "Bill" James, Jr., as counsel for appellant and for brief time.

CACR03-1094. Michael Lee Brown v. State of Arkansas, from Polk Circuit. Appellant's motion to correct the record and for brief time.

CACR03-1167. Kevin Johnson v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes to withdraw as counsel for appellant and for appointment of new counsel.

CA02-1095. Tommy Orr et al. v. Arkansas National Bank, from Benton Circuit. Appellee's motion for costs and attorney's fees.

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

CA03-747. Felton Oil Company et al. v. Horace Gee et ux., from Calhoun Circuit. Appellees' suggestion of recusal.

CA03-798. Richard Mays et al. v. St. Pat’s Properties et al., from Pulaski Circuit, Seventeenth Division. Appellants' motion to file non-conforming brief.

CA03-872. North American Railway Service v. Carl E. Henderson, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA03-949. PricewaterhouseCoopers, LLP et al. v. Warmack-Muskogee Limited Partnership, from Miller Circuit. Joint motion for extension of time to settle and supplement the record.

SUBMISSIONS

CA03-663. Willie Nichols v. Farmers Insurance Company, from Pulaski Circuit, Second Division. Argued orally.

CA03-370. Michael J. Hickman et ux. v. Kralicek Realty & Construction Company, from Sebastian Circuit, Greenwood District. Argued orally.

CACR02-1005. Robert Spears v. State of Arkansas, from Miller Circuit.

CACR02-1195. Edward Henry Buie v. State of Arkansas, from Garland Circuit.

CACR03-30. Jaqueline Smith v. State of Arkansas, from Clark Circuit.

CACR03-50. Christopher Haynes v. State of Arkansas, from Ashley Circuit.

CACR03-164. Timothy Quarteze Simmons v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR03-211. Michael S. Wilson v. State of Arkansas, from Lonoke Circuit.

CACR03-262. Jason McConnell v. State of Arkansas, from Scott Circuit.

CA02-1081. Kathleen Metzgar v. Marty Krutchen, from Crittenden Circuit.

CA02-1276. Lori Stubbs v. Darrell Stubbs, from Independence Circuit.

CA03-456. Kathy Wilson v. Noble Food Services, Inc. (BurgerKing) et al., from Workers' Compensation Commission.

CA03-479. Meyers Bakeries v. Lesa Pate, from Workers' Compensation Commission.

CA03-546. Wausau Insurance Companies v. Rita Blasingame et al., from Workers' Compensation Commission.

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

E03-172. Gloria D. Allen v. Director et al.

E03-175. Patricia A. Holt v. Director et al.

E03-177. Carletus Adams v. Director et al.

E03-178. Charlotte J. Rosson v. Director et al.

E03-180. Katie L. Harris v. Director et al.

E03-181. Gary A. Muth v. Director et al.

E03-183. Theresa J. Tucker v. Director et al.

E03-184. Donna A. Judd v. Director et al.

E03-185. Johnny W. Talburt v. Director et al.

E03-186. Juanita M. Wall v. Director et al .