Bradford v. Director (Bird, J.) E02-348
Unemployment compensation — Resignation letter; Board of Review could have viewed as clear & unequivocal manifestation of appellant's intention to leave job; employee whose reason for resignation is his inability to perform job within framework determined by employer need not be retained; substantial evidence supported Board's conclusion that appellant voluntarily left employment without good cause. [HTML, WP5.1]

Haynes v. State (Stroud, C.J.) CACR03-50
Search & seizure — Affidavit; contained sufficient nexus between appellant's illegal activity & his residence; provided substantial basis for finding of reasonable cause to believe drugs would be found at appellant's residence. [HTML, WP5.1]

Metzgar v. Rodgers (Neal, J.) CA02-1081
Wills — Original CDs' interest was reinvested or rolled over through years; trial court found that Nuveen fund was mutual fund mentioned in will; findings of fact not clearly erroneous; no manifest abuse of discretion found; trial court's grant of motion for reconsideration affirmed; requirements of Ark. R. Evid. 803(6) satisfied; bank's records were admissible as exception to hearsay rule and were adequately authenticated under Ark. R. Evid. 901; three First Tennessee Bank CD's were proven to be same CDs mentioned in will; finding of fact was not clearly erroneous. [HTML, WP5.1]

Nichols v. Farmers Ins. Co. (Stroud, C.J.) CA03-663
Insurance — Ambiguous policy language construed against appellee; policy language provided coverage for appellant as matter of law. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Allen v. State, CA CR 03-475 (Vaught, J.), affirmed November 5, 2003. [HTML, WP5.1]

Bakeries v. Pate, CA 03-479 (Hart, J.), affirmed November 5, 2003. [HTML, WP5.1]

Buie v. State, CA CR 02-1195 (Pittman, J.), reversed and remanded November 5, 2003. [HTML, WP5.1]

Carson v. Black, Inc., CA 03-297 (Per Curiam), appeal dismissed November 5, 2003. [HTML, WP5.1]

Clark v. Hall, CA 03-206 (Baker, J.), affirmed November 5, 2003. [HTML, WP5.1]

Simmons v. State, CA CR 03-164 (Neal, J.), affirmed in part; rebriefing ordered November 5, 2003. [HTML, WP5.1]

Smith v. State, CA CR 03-30 (Griffen, J.), affirmed November 5, 2003. [HTML, WP5.1]

Stubbs v. Stubbs, CA 02-1276 (Robbins, J.), affirmed November 5, 2003. [HTML, WP5.1]

Swaims v. Greenway, CA 03-31 (Gladwin, J.), reversed November 5, 2003. [HTML, WP5.1]

Wausau Ins. Co. v. Bassett Servs., Inc., CA 03-546 (Bird, J.), affirmed November 5, 2003. [HTML, WP5.1]

Wilson, Kathy v. Noble Food Servs., Inc., CA 03-456 (Pittman, J.), affirmed November 5, 2003. [HTML, WP5.1]

Wilson, Michael S. v. State, CA CR 03-211 (Roaf, J.), reversed and dismissed November 5, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Adams v. Director of Labor, E 03-177, November 5, 2003.

Gimlin v. Director of Labor, E 03-182, November 5, 2003.

Harris v. Director of Labor, E 03-180, November 5, 2003.

Holt v. Director of Labor, E 03-175, November 5, 2003.

Judd v. Director of Labor, E 03-184, November 5, 2003.

Muth v. Director of Labor, E 03-181, November 5, 2003.

Rosson v. Director of Labor, E 03-178, November 5, 2003.

Talburt v. Director of Labor, E 03-185, November 5, 2003.

Tucker v. Director of Labor, E 03-183, November 5, 2003.

Wall v. Director of Labor, E 03-186, November 5, 2003.

White v. Director of Labor, E 03-179, November 5, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-50. Christopher Haynes v. State of Arkansas, from Ashley Circuit. Affirmed. Neal and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA03-663. Willie Nichols v. Farmers Insurance Company, from Pulaski Circuit, Second Division. Reversed and Remanded. Neal and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1195. Edward Henry Buie v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Hart and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-456. Kathy Wilson v. Noble Food Services, Inc. (Burger King), from Workers' Compensation Commission. Affirmed. Hart and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-479. Meyers Bakeries v. Lesa Pate, from Workers' Compensation Commission. Affirmed. Pittman and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-31. Paul and Bonnie Swaims v. Samuel and Liana Greenway, from Independence Circuit. Reversed. Robbins and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-1276. Lori Stubbs v. Darrell Stubbs, from Independence Circuit. Affirmed. Gladwin and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-546. Wausau Insurance Companies v. Multistaff Leasing, Inc., Gallagher Bassett Services, Inc./Legion Insurance Company and Rita Blasingame, from Workers'Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-348. Randall R. Bradford v. Director, Employment Security Department and Department of Information Systems, from Board of Review. Affirmed. Pittman, Gladwin, Robbins, and Vaught, JJ., agree. Griffen, J., dissents. (17 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-30. Jacquelyn Smith v. State of Arkansas, from Clark Circuit. Affirmed. Pittman and Hart, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-164. Timothy Quarteze Simmons v. State of Arkansas, from Mississippi Circuit. Affirmed in Part; Rebriefing Ordered. Stroud, C.J., and Roaf, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1081. Kathleen Metzgar et al. v. Charles Rodgers et al., from Crittenden Circuit. Affirmed. Stroud, C.J., agrees. Roaf, J., concurs. (20 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-475. Morris Zane Allen v. State of Arkansas, from Garland Circuit. Affirmed. Crabtree and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-206. Melvin D. Clark and Diana S. Clark v. Kentley Hall, Rhonda L. Hall, Larry D. Foster, Susan E. Foster, Dennis E. Albertin and Cindy L. Albertin, from Washington Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-211. Michael S. Wilson v. State of Arkansas, from Lonoke Circuit. Reversed and Dismissed. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA03-297. Howard Carson, Jr., Individually and d/b/a Brewer Bottoms Yacht Club, LLC v. Black, Inc., from Arkansas Circuit. Appeal Dismissed. (7 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).

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

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

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

E03-179. Timothy White v. Director et al.

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

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

E03-182. Sharon K. Gimlin 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.

PER CURIAM ORDERS

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

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 is granted. Stroud, C.J., and Griffen, J., would make this final extension. Crabtree, J., would deny.

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

CACR03-91. Christopher W. Elmore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.

CACR03-259. Derrick Starks v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $750.00.

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

CACR03-686. Grace D. Pool v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted. Griffen, J., would deny.

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 is granted. Brief due in thirty days.

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

CACR03-1091. Carolyn Fleming v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for additional brief time is granted. Brief due in sixty days.

CACR03-1094. Michael Lee Brown v. State of Arkansas, from Polk Circuit. Appellant's motion to correct the record is denied. Brief due in thirty days.

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 is granted. Brief due December 4, 2003.

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 is denied.

CA03-388. Robert Joseph Buchanan et al. v. Dorene Buchanan, from Pulaski Circuit, Twelfth Division. Appellants' motion for additional brief time is granted. Roaf, J., not participating.

CA03-810. Cynthia Erskine v. Levi Hospital, from Garland Circuit. Appellee's motion todismiss appeal is granted.

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

CA03-1034. Hasco Development Company, Inc. v. Billy L. Watts et al., from Searcy Circuit. Appellees' motion to dismiss appeal is granted.

CA03-1034. Hasco Development Company, Inc. v. Billy L. Watts et al., from Searcy Circuit. Appellant's motion for additional brief time moot.

MOTIONS SUBMITTED

CACR01-1308. Warren Doug Looney v. State of Arkansas, from Independence Circuit. Motion of Maureen Hazinski Harrod for attorney's fees.

CACR02-1058. Anthony C. Malone v. State of Arkansas, from White Circuit. Appellant's pro se motion to reinstate appeal.

CACR02-1104. Lewis Ray v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney for attorney's fees.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion to file additional points for reversal.

CACR03-95. Marcus Vincent v. State of Arkansas, from Drew Circuit. Motion of George R. Spence for attorney's fees.

CACR03-101. Timothy Ramon Moore v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion for reconsideration.

CACR03-141. Timothy Weilenman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles D. Hancock for attorney's fees.

CACR03-141. Timothy Weilenman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion for publication.

CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit. Appellant's motion to supplement the record.

CA03-708. William Barbour Rudasill, Jr. et al. v. Edwards Design & Construction, Inc., from Washington Circuit. Appellee's motion to file belated brief.

CA03-998. Marlo Anderson v. Mamie Riley, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.

CA03-1141. Foster B. Richardson v. Patricia Tate Jackson, from Jefferson Circuit. Motion of Tonya M. Alexander to be relieved as counsel for appellant and for brief time.

SUBMISSIONS

CA02-870. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway & Transportation, from Pulaski Circuit, Seventh Division. Argued orally.

CA03-396. Innisfree Senior Living Apartments, LTD v. Chicago Title Services, Inc., from Benton Circuit. Argued orally.

CACR02-1027. Raymond M. Berta, Jr., and James W. Berta v. State of Arkansas, from Lonoke Circuit.

CACR03-13. Eric Crowder-Jones v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-23. Marcia Williams v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-165. Charles L. Stroud v. State of Arkansas, from Pope Circuit.

CACR03-278. Duke E. Ervin v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-292. Linda Taylor v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-619. Lelia Ann Reed v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA02-515. James Douglas Dunham v. Michael Doyle et ux., from Washington Circuit.

CA02-1118. William A. Cox v. Jane Merle Keahey, from Miller Circuit.

CA02-1301. Julie Sheddan v. Jacob Sheddan, from Pulaski Circuit, Thirteenth Division.

CA03-245. Wendell Morris v. City of Ravenden and Mary Lee Baker Rogers, from Lawrence Circuit.

CA03-283. Natosha Moody v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

CA03-332. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.

CA03-382. Wayne Gafford v. Philip Cox, from Pulaski Circuit, Sixth Division.

CA03-666. Terry Richardson v. Arkansas Department of Human Services, from Jefferson Circuit.

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

E03-56. Darold L. Maxfield v. Director et al.

E03-199. Robert Walker v. Director et al.

E03-200. James E. Bailey v. Director et al.

E03-201. Barbara S. Hoffarth v. Director et al.

E03-202. Bobby D. Gibbs v. Director et al.

E03-204. Milton Missouri v. Director et al.

E03-205. Linda L. Torres v. Director et al.

E03-206. Vernita J. Hawkins v. Director et al.

E03-207. Randell O. Nash v. Director et al.

E03-208. Katrina Brown v. Director et al.

E03-209. Linda D. Hutchins v. Director et al.

E03-210. J.D. Armstrong v. Director et al.

E03-211. Gregory L. Burks v. Director et al.