ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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Opinions delivered
October 23, 2003


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Blivin v. Weber (Brown, J.) 02-1189
Parent & child — Relocation of custodial parent & child; case reversed & remanded for reconsideration by circuit court in light of factors set out in Hollandsworth. [HTML, WP5.1]

Greenhough v. Goforth (Thornton, J.) 03-093
Parent & child — Jurisdiction; trial court correctly ruled that Arkansas was not home state of child; Uniform Child Custody Jurisdiction Enforcement Act applied where other jurisdictions had potential interest in child. [HTML, WP5.1]

Saine v. Comcast Cablevision of Ark., Inc. (Imber, J.) 02-1388
Judgment — Issue if fact existed as to whether appellee was on notice that its employee might harm female customers; summary judgment on negligent-supervision and negligent-retention claims reversed; appellant failed to meet proof with proof on negligent-hiring issue and failed to demonstrate that material issue of fact existed; grant of summary judgment on negligent hiring claim affirmed. [HTML, WP5.1]

SUBSTITUTED OPINION UPON DENIAL OF PETITION FOR REHEARING

In Re: Starken (Per Curiam) 03-777
Attorney & client — Professional conduct; motion for reinstatement denied. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Edmond v. State, CR 03-871 (Per Curiam), Pro Se Motion to Forego Briefing and Reverse and Remand to Trial Court, or, in the Alternative, for Extension of Time to File Brief; motion to forego briefing and reverse and remand to trial court granted October 23,2003. [HTML, WP5.1]

Johnson v. State, CR 03-508 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed October 23, 2003. [HTML, WP5.1]

Moore v. State, CR 02-983 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief granted October 23, 2003. [HTML, WP5.1]

Terrell v. State, CR 03-907 (Per Curiam), Pro Se Motion for Belated Appeal treated as motion for rule on clerk and denied October 23, 2003. [HTML, WP5.1]

Warren v. State, CR 03-21 (Per Curiam), Pro Se Motion to Reverse Appeal (sic) treated as motion to permit appeal and denied; Pro Se Motion for Appointment of Counsel denied October 23, 2003. [HTML, WP5.1]

Williams v. Wade, 03-573 (Per Curiam), Pro Se Motion for Order Directing Arkansas Department of Correction to Make Certain Corrections in Appellant's Brief-in-Chief denied October 23, 2003. [HTML, WP5.1]


ORIGINAL SYLLABUS

ROBERT L. BROWN, JUSTICE:

02-1189. Jamai Weber Blivin v. Blake H. Weber, from Pulaski Circuit, Fourteenth Division. Reversed and Remanded. Appellant’s Motion to Strike Denied. Appellee’s Motion to Supplement Brief Denied. Imber, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

02-1388. Natasha Saine v. Comcast Cablevision of Arkansas, Inc., from Pulaski Circuit, Third Division. Affirmed in Part, Reversed and Remanded in Part. (11 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-93. Elenita R. Greenhough v. Ronald R. Goforth, from Washington Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR03-1103. Rufus Antonio Box v. State of Arkansas, from Nevada Circuit.

03-1046. Joseph H. Riddle, Sr. et al. v. Conrad F. Kaelin et al., from Sebastian Circuit, Fort Smith District.

03-1079. Rachel Forrest v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

03-1101. George Gawrieh et al. v. Scottsdale Insurance Co., from Miller Circuit.

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CR03-1136. Ruby L. Worley v. Honorable Tom Smitherman, Judge, from Garland Circuit. Petition for writ of certiorari and/or mandamus is denied without prejudice; temporary stay vacated.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for entry of appearance is granted.

CR03-690. Meredith Bennett v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to be relieved as counsel is denied.

03-765. June D. Scamardo v. Dr. Robert Jaggers et al., from Sebastian Circuit, Fort Smith District. Motion of Arkansas Hospital Association, Inc. to file amicus curiae brief in support of appellees is granted.

03-777. In Re: Karen Alexander Starken, Arkansas Bar ID #89066, an Original Action. Petition for rehearing and motion to supplement record denied. See substituted opinion this date. (6 PAGES PUBLISHED) [HTML, WP5.1]

03-1125. J & J Bonding, Inc. v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit, Sixth Division. Motion for rule on clerk is denied.

03-1132. Alvin Dwiggins et ux. v. Honorable John A. Thomas, Judge, from Clark Circuit. Petition for writ of prohibition is denied without prejudice.

03-1137. James F. (J.F.) Valley v. Honorable L.T. Simes, II, Judge, from Phillips Circuit. Petition for alternative relief via writ of prohibition, mandamus or certiorari, for expedited appeal and oral arguments. Lower court stayed from further proceedings; appellees’ request for expedited appeal granted. See per curiam issued. (Proceedings of October 17, 2003) (1 PAGE PUBLISHED) [HTML, WP5.1]

03-1179. Christopher Edelmann v. Honorable Jay Moody, Judge, from Pulaski Circuit, Third Division. Motion for rule on clerk denied; motion for emergency review and order moot. (Proceedings of October 20, 2003)

CR02-983. Willie Lee Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file reply brief. Motion for extension of time granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-21. Johnny Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to reverse appeal (sic) and motion for appointment of counsel. Motion to reverse appeal treated as motion to permit appeal and denied; motion for appointment of counsel denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-508. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-871. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. Pro se motion to forego briefing and reverse and remand to trial court, or, in the alternative, for extension of time to file brief. Motion to forego briefing and reverse and remand to trial court granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-907. Richard Terrell v. State of Arkansas, from Saline Circuit. Pro se motion for belated appeal. Motion for belated appeal treated as motion for rule on clerk and denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-573. David Hugh Williams v. Kay Wade, Greg Harmon, and Ray Hobbs, from Jefferson Circuit. Pro se motion for order directing Arkansas Department of Correction to make certain corrections in appellant’s brief-in-chief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR03-564. Tyrone Simpson v. State of Arkansas, from Crittenden Circuit.

03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division.

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CR02-1258. James D. Smith v. State of Arkansas, from Clark Circuit. Motion to stay mandate.

CR03-714. Jimmy Leroy Housley v. State of Arkansas, from Marion Circuit. Motion for extension of time to file brief.

CR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Motion for reconsideration.

CR03-1174. Douglas Graham v. Honorable Barry Sims, Judge, from Pulaski Circuit, Seventh Division. Petition for writ of prohibition.

02-567. Billy Mack Nichols, Jr. v. Greg Harmon, Warden, from Jefferson Circuit. Motion for substitution of counsel.

02-1355. State Farm Fire & Casualty Company v. Jewell Ledbetter, from Crittenden Circuit. Appellee's motion to strike portions of page 13 of State Farm Fire & Casualty's reply brief and supplemental addendum.

03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District. Appellees' motion to file a surreply brief.

03-203. Barbara Stacks v. Leon Marks, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.

03-277. Billy Mack Nichols, Jr. v. Larry Norris et al., from Jefferson Circuit. Motion for substitution of counsel.

03-450. Jay Abramson v. Michelle K. Eldridge, from Arkansas Circuit, Southern District. Appellee's motion to supplement the record and for brief time.

03-659. Christina Mitchell v. Honorable Carol Crafton Anthony, Judge et al., from Union Circuit. Petitioner’s motion to proceed.

03-659. Christina Mitchell v. Honorable Carol Crafton Anthony, Judge et al., from Union Circuit. Respondent’s motion to lift stay.

03-994. Donny G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, an Original Action. Motion to file belated brief.

03-1143. David B. Warren v. Kohner Properties, from Pulaski Circuit, Third Division. Motion for rule on clerk.

SUBMISSIONS

02-1355. State Farm Fire & Casualty Company v. Jewell Ledbetter, from Crittenden Circuit. Argued orally.

CR02-1370. Richard Gaylord v. State of Arkansas, from Sebastian Circuit, Greenwood District.

03-120. Richard L. Preston et ux. v. University of Arkansas for Medical Sciences et al., from Pulaski Circuit, Seventh Division.

03-137. The City of Greenbriar, Arkansas et al. v. Larry Roberts et al., from Faulkner Circuit.

03-196. Jimmie Lee Barnett et al. v. Monumental General Insurance Co., from Van Buren Circuit.

03-203. Barbara Stacks v. Leon Marks, from Pulaski Circuit, Second Division.

03-214. Lamar Neill v. Nationwide Mutual Fire Insurance Co., from Logan Circuit, Northern District.