Arkansas River Rights Comm. v. Echubby Lake Hunting Club (Stroud, C.J.) CA03-389
Water & water courses — Navigable waters; holding in Thompson not diluted by later cases; fact question remained as to whether public had acquired prescriptive right to use Echubby areas; affidavit was sufficient to create fact question as to Echubby areas' navigability; summary judgment was improperly granted; appellate court declined to affirm summary judgment where appellee's argument was not convincing. [HTML, WP5.1]

Burris v. L & B Moving Storage (Hart, J.) CA03-240
Workers' compensation — Substantial basis existed to award appellant decrease in his wage-earning ability equal to 20%; substantial evidence found to support Commission's award; appellee failed to show refusal by appellant to participate in program of vocational rehabilitation or indication of unwillingness to cooperate with offered program; Commission's findings supported by substantial evidence. [HTML, WP5.1]

Clark v. Director (Baker, J.) E03-173
Unemployment compensation — Misconduct; no substantial evidence to support Board's determination that appellant's conduct amounted to intentional disregard of employer's interests; reversed & remanded for award of benefits. [HTML, WP5.1]

In Re: Brandenburg (Vaught, J.) CA03-226
Administrative law & procedure — Administrative action supported by substantial evidence; agency's decision not characterized by abuse of discretion; agency's order reinstated. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas Dep't of Human Servs. v. Darrough, CA 03-419 (Griffen, J.), reversed October 29, 2003. [HTML, WP5.1]

Buck v. State, CA CR 03-238 (Bird, J.), affirmed October 29, 2003. [HTML, WP5.1]

Elmore v. State, CA CR 03-91 (Crabtree, J.), affirmed October 29, 2003. [HTML, WP5.1]

Flamer v. State, CA CR 02-1309 (Pittman, J.), affirmed October 29, 2003. [HTML, WP5.1]

Gibson v. Gibson, CA 03-268 (Bird, J.), affirmed on both direct appeal and on cross-appeal October 29, 2003. [HTML, WP5.1]

Lee v. State, CA CR 03-158 (Robbins, J.), affirmed October 29, 2003. [HTML, WP5.1]

Loy v. State, CA CR 02-1376 (Vaught, J.), affirmed October 29, 2003. [HTML, WP5.1]

Mays v. Mays, CA 03-172 (Gladwin, J.), affirmed October 29, 2003. [HTML, WP5.1]

Priola Brothers Enters. v. Hawkins, CA 03-225 (Robbins, J.), affirmed October 29, 2003. [HTML, WP5.1]

Shrable v. Allison, CA 03-435 (Crabtree, J.), affirmed October 29, 2003. [HTML, WP5.1]

Stuart v. Killion, CA 03-85 (Roaf, J.), affirmed October 29, 2003. [HTML, WP5.1]

Wayne v. State, CA CR 03-79 (Gladwin, J.), affirmed October 29, 2003. [HTML, WP5.1]

Weatherford v. State, CA CR 02-415 (Baker, J.), affirmed October 29, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Beard v. Director of Labor, E 03-166, October 29, 2003.

Benberg v. Director of Labor, E 03-174, October 29, 2003.

Bledsoe v. Director of Labor, E 03-168, October 29, 2003.

Brown v. Director of Labor, E 03-169, October 29, 2003.

Harris, Elliot v. Director of Labor, E 03-162, October 29, 2003.

Harris, Elliot v. Director of Labor, E 03-163, October 29, 2003.

Holt v. Director of Labor, E 03-164, October 29, 2003.

Hultberg v. Director of Labor, E 03-165, October 29, 2003.

Micro Plastics, Inc. v. Director of Labor, E 03-171, October 29, 2003.

Turner v. Director of Labor, E 03-161, October 29, 2003.

Wesley v. Director of Labor, E 03-167, October 29, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-389. Arkansas River Rights Committee v. Echubby Lake Hunting Club, from Lincoln Circuit. Reversed and Remanded on Direct Appeal; Affirmed on Cross-Appeal. Neal and Roaf, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1309. Erskine Douglas Flamer v. State of Arkansas, from Chicot Circuit. Affirmed. Hart and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-240. Curtis Burris v. L & B Moving Storage, from Workers’ Compensation Commission. Affirmed on Direct Appeal and on Cross-Appeal. Pittman and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-79. Constance Wayne v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-172. Jeff Mays v. Donna Lee Mays, from Pulaski Circuit. Affirmed. Bird, J., agrees. Robbins, J., concurs. (3 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-158. Jason Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Gladwin and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-225. Priola Brothers Enterprises, L.P., et al. v. James Hawkins and Patti S. Cox, from Baxter Circuit. Affirmed. Gladwin and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-238. Gary Mark Buck v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Gladwin and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-268. Terry Gibson v. Pat Gibson, from Cleveland Circuit. Affirmed on Both Direct Appeal and on Cross-Appeal. Gladwin and Robbins, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-419. Arkansas Department of Human Services v. Georgiana Darrough, from Jefferson Circuit. Reversed. Pittman, J., agrees. Hart, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-1376. Thomas Earl Loy v. State of Arkansas, from Garland Circuit. Affirmed. Crabtree and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-226. In The Matter of Charles Brandenburg, from Garland Circuit. Reversed. Crabtree and Baker, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-91. Christopher W. Elmore v. State of Arkansas, from Sebastian Circuit. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-435. Bob Shrable and Glenda Shrable v. Donnie Allison, Carol Allison, Duane Gaither and Linda Gaither, from Lawrence Circuit. Affirmed. Vaught, J., agrees. Baker, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

E03-173. Bill Clark, Jr. v. Director, Employment Security Department and Coca Cola Bottling Company, from Board of Review. Reversed and Remanded. Vaught and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-85. Chris Stuart v. Marnie Stuart Killion, from Searcy Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (10 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).

E03-161. 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.

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

PER CURIAM ORDERS

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

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

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CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's motion to file substituted brief is granted. Motion to be relieved as counsel passed until case is submitted.

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

CACR03-335. Jeffrey Hyland v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

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

CACR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Appellant's pro se motion for reinstatement of appeal bond is denied.

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

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

CACR03-1036. Melvin Leroy Lacy v. State of Arkansas, from Union Circuit. Appellant's motion to remand for evidentiary hearing and to stay brief time is denied. Appellant's brief due in thirty days.

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 motion for brief time are granted.

CA02-870. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Seventh Division. Appellant's motion to consolidate CA02-870 with CA03-411, CA03-412, and CA03-413 is denied.

CA02-1095. Tommy Orr et al. v. Arkansas National Bank, from Benton Circuit. Appellee's motion for costs and attorney's fees. Motion for attorney's fees is denied; costs to be assessed on mandate.

CA03-371. Debra Eades v. Robert P. Eades, from White Circuit. Appellant's motion for additional brief time is granted. Final extension. Gladwin, Griffen, and Crabtree, JJ., would deny.

CA03-747. Felton Oil Company et al. v. Horace Gee et ux., from Calhoun Circuit. Appellees' suggestion of recusal is denied. Roaf, J., defers to Hart, J.

CA03-798. Richard Mays et al. v. St. Pat Properties et al., from Pulaski Circuit, Seventeenth Division. Appellants' motion to file non-conforming brief is granted. Neal, J., not participating.

CA03-872. North American Railway Service v. Carl E. Henderson, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted. Roaf, J., not participating.

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 is moot.

CA03-1142. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Appellee's motion to dismiss appeal is granted. Motion to supplement the record moot.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA03-325. Sarah Kimbrough v.Warren Carter Kimbrough et al., from Sebastian Probate, Fort Smith District.

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CACR02-1224. Jeremy Bearden v. State of Arkansas, from Conway Circuit. Appellant's motion for additional brief time.

CACR03-71. Philip Parmley v. State of Arkansas, from Garland Circuit. Appellant's pro se motion to file reply brief and motion for extension of time.

CACR03-91. Christopher W. Elmore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR03-259. Derrick Starks v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees.

CACR03-373. Jose Valenzuela v. State of Arkansas, from Crawford Circuit. Appellant's motion to file belated brief.

CACR03-729. Harvey Morris and Donna Morris v. State of Arkansas, from Craighead Circuit, Western District. Appellants' motion to consolidate the record and for additional brief time.

CACR03-903. Kenyon Lekiel Glenn v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellee's motion to dismiss appeal.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Motion of David R. Cannon to be substituted as counsel for appellant.

CACR03-1091. Carolyn Fleming v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for additional brief time.

CACR03-1117. Stacy R. Burks v. State of Arkansas, from Garland Circuit. Motion of William R. Wisely to withdraw and to substitute Q. Byrum Hurst, Jr., as counsel for appellant.

CA02-1119. Superior Federal Bank, F.S.B. v. George S. Mackey, from Pulaski Circuit, Fifth Division. Appellee’s motions to strike appellant's reply brief.

CA02-1119. Superior Federal Bank, F.S.B. v. George S. Mackey, from Pulaski Circuit, Fifth Division. Appellee’s motion for consideration of sanctions regarding deficient abstract and addendum.

CA03-388. Robert Joseph Buchanan et al. v. Dorene Buchanan, from Pulaski Circuit, Twelfth Division. Appellants' motion for additional brief time.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Appellee's motion for permission to view sealed record.

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

CA03-810. Cynthia Erskine v. Levi Hospital, from Garland Circuit. Appellee's motion to dismiss appeal.

CA03-968. William Dewayne Watt v. Office of Child Support Enforcement, from Ashley Circuit. Appellee's motion to dismiss appeal.

SUBMISSIONS

CA03-266. American Transportation Corporation v. Exchange Capital Corporation, from Faulkner Circuit. Argued orally.

CA03-304. Liberty Mutual Insurance Company v. Donald Whitaker, from Lonoke Circuit. Argued orally.

CA02-1119. Superior Federal Bank, F.S.B. v. George S. Mackey, from Pulaski Circuit, Fifth Division. Argued orally.

CACR03-2. Michael D. McCammon v. State of Arkansas, from Faulkner Circuit.

CACR03-7. Danny Grupa v. State of Arkansas, from Saline Circuit.

CACR03-175. Lavon Martin Franklin v. State of Arkansas, from Ashley Circuit.

CACR03-190. Antwone Nichols v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-193. Adam Wesley Tate v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-288. Freddie Ezekiel v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA02-1034. Richard Angell v. Cooper Tire & Rubber Company, from Miller Circuit.

CA03-198. Thomas Donald v. Carol Spurlock, from Ashley Circuit.

CA03-212. Lynne Pittman Gordy v. Claude Pittman, from Washington Circuit.

CA03-436. Robert Holub v. Jennifer Colinger, from Lee Circuit.

CA03-468. Jimmy Misenheimer v. Debbie (Misenheimer) Stroud, from Pulaski Circuit, Fifteenth Division.

CA03-500. Carwell Elevator Company, Inc. et al. v. Delores Taylor, from Workers' Compensation Commission.

CA03-527. Susan M. Hyden v. James W. Hyden, from Pulaski Circuit, Seventeenth Division.

CA03-549. GNB Technologies v. Dean Bryant, from Workers' Compensation Commission.

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

E03-187. Cyndella Wooten v. Director et al.

E03-188. Leodis Seawood v. Director,et al.

E03-189. Genenell Morgan v. Director et al.

E03-190. Sandra E. Johnsen v. Director et al.

E03-191. Jimmy Roush v. Director et al.

E03-192. Willie R. Couser v. Director et al.

E03-193. Laura Rayford v. Director et al.

E03-194. Cliff Barens v. Director et al.

E03-195. Bridget D. Oliver v. Director et al.

E03-196. Gonzalo M. Areas v. Director et al.

E03-197. Melissa S. Johnson v. Director et al.

E03-198. Baptist Health v. Director et al.