Carson v. Drew County (Arnold, C.J.) 02-853
Easements — Permissive easement; use of wild, unenclosed, & unimproved land is presumed permissive; appellants failed to rebut proof that public's use of road & related areas was sufficiently adverse to establish prescriptive rights; community's use of property satisfied requirements for prescriptive easement; general public acquired right-of-way over area in question. [HTML, WP5.1]

Curry v. Thornsberry (Glaze, J.) 03-285
Limitation of actions — More than five years had passed since home's construction; in absence of fraudulent concealment suit was barred as of 1992; appellants offered no evidence that would indicate that appellee engaged in positive act of fraud; statute of limitations not tolled; appellee's motion for directed verdict properly granted; complaint here stated cause of action in contract for breach of implied warranty of fitness & habitability; trial court properly awarded attorney's fees. [HTML, WP5.1]

McDonald v. State (Per Curiam ) CR03-957
Contempt — Motion for reconsideration denied; show-cause order issued. [HTML, WP5.1]

Owens v. State (Corbin, J.) CR03-231
Limitation of actions — Prosecutions of offenses arising under any state tax law; six-year limitations period applied where appellant was charged with willfully attempted to evade or defeat payment of a tax; selective-prosecution claim must be supported by specific factual allegations that take motion past frivolous phase & that raise reasonable doubt as to prosecutor's purpose; denial of appellant's motion for evidentiary hearing affirmed where no specific facts were offered; lesser charge of operating vehicle without license plate was not included in greater offense of willfully attempting to evade or defeat payment of tax. [HTML, WP5.1]

Preston v. University of Ark. for Med. Sciences (Brown, J.) 03-120
Attorney & client — Circuit court concluded that Oklahoma attorneys failed to comply with our rule of comity, Rule XIV of the Rules Governing Admission to the Bar; trial court's conclusion was not abuse of discretion; cause of action null where complaint filed by non-licensed attorneys; no valid complaint filed within period required by statute of limitations; circuit court correctly dismissed complaint. [HTML, WP5.1]

APPENDIX

APPOINTMENTS TO COMMITTEES

In Re: Committee on Automation (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arnold v. State, CR 03-675 (Per Curiam), Pro Se Petition for Writ of Certiorari moot November 6, 2003. [HTML, WP5.1]

Freeman v. Maggio, CR 03-1171 (Per Curiam), Pro Se Petition for Writ of Mandamus moot November 6, 2003. [HTML, WP5.1]

McDonald v. State, CR 02-1317 (Per Curiam), affirmed November 6, 2003. [HTML, WP5.1]

Middleton v. Lockhart, 03-467 (Per Curiam), Pro Se Motion to Bring to Attention of Court a Fraud denied November 6, 2003. [HTML, WP5.1]

Reese v. State, CR 02-1364 (Per Curiam), affirmed November 6, 2003. [HTML, WP5.1]

Standridge v. Davis, 03-933 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed November 6, 2003. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

02-853. Francis Carson, Denise Carson, and Scott Carson v. County of Drew, Eddie Eubanks, David T. Hyatt, and Billy D. Hickam, from Drew Circuit. Affirmed. Glaze and Imber, JJ., dissent. (9 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-285. Howard W. Curry and Linda Curry, His Wife v. William S. Thornsberry and Delores K. Thornsberry, His Wife, from Pope Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR03-231. Rodney Parker Owens v. State of Arkansas, from Benton Circuit. Affirmed. (21 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-120. Richard L. Preston and Gloria Preston v. University of Arkansas for Medical Sciences; The University Hospital of Arkansas; Johannes Gruenwald, M.D.; William C. Grammar, M.D.; Kenneth G. Gati, M.D.; Laurie Hughes, M.D.; Anthony Roman, M.D.; and Robert S. Sedaros, M.D., from Pulaski Circuit, Seventh Division. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-1317. Bufford McDonald v. State of Arkansas, from Pope Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1364. Curtis Dwain Reese, Jr. v. State of Arkansas, from Saline Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REVIEW GRANTED: Petition for review was granted today in the following case.

03-1140. Kristie Gregory v. Director, Arkansas Employment Security Department, from Board of Review.

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

03-1120. Tommy Orr et al. v. Arkansas National Bank, from Benton Circuit.

03-1163. Sherry Ebbs v. Kerry Ozment, M.D., P.A., from Saline Circuit.

03-1165. James J. Kelly v. June Morrison, from Pulaski Circuit, Seventeenth Division.

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CR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Motion for reconsideration. Motion denied; order to show cause. See per curiam this date. Brown, J., concurs. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR02-985. John Aaron Lacy v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for extension of time to comply with per curiam order. Granted; 15 days.

CR03-839. Michael J. Medlock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to reinvest jurisdiction with trial court for the limited purpose of entering an order in accordance with Arkansas Rule of Criminal Procedure 37.3(c). Granted; 60 days.

03-232. AJ&K Operating Company et al. v. Grover Smith et al., from Union Circuit. Motion for oral argument is denied.

03-286. Angela Lovett, M.D. v. Ralph Chase "R.C." Henson et al., from Pulaski Circuit, Second Division. Motion to dismiss appeal with prejudice is granted.

03-409. R.K. Enterprise LLC et al. v. Pro-Comp Management, Inc. et al., from Washington Circuit. Appellees' motion for extension of time and to stay briefing schedule. Granted; final extension.

03-674. David Hugh Williams v. Arkansas Department of Correction et al., from Jefferson Circuit. Appellee's motion for extension of brief time is granted.

CA03-711. Daniel Fields v. Terry Rankin Byrd, from Perry Circuit. Appellant's motion to certify case to the Supreme Court is denied.

03-805. Richard Weiss, Director, Arkansas Department of Finance and Administration

et al. v. Mary R. Chavers, from Pulaski Circuit, Fourteenth Division. Appellant Weiss' motion to file an enlarged brief is denied.

03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion for extension of time to return writ of certiorari is granted.

03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion for extension of time to return writ of certiorari is granted.

03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion for extension of time to return writ of certiorari is granted.

03-1040. Kevin Matthew Cholousky v. State of Arkansas, from Crawford Probate. Motion for rule on clerk is denied.

03-1043. Bonnie Weiss Medlin v. Tim Weiss, from Polk Circuit. Appellant's motion to supplement the record and for extension of time to file brief. Granted; 30 days.

03-1157. Irma Amaya v. Jerol "Eddie" Amaya, from Pulaski Circuit, Thirteenth Division. Motion to allow filing without fee is denied.

03-1215. Richard Weiss, Director, Arkansas Department of Finance and Administration v. Jimmy R. McFadden et al., from Pulaski Circuit, Thirteenth Division. Motion to expedite ruling on appellees' motion and motion to supplement record are granted.

03-1249. Bobby Jones and Maxine Ball v. Phillips County Election Commission, from Phillips Circuit. Motion to expedite hearing granted; request for stay denied.

CR03-675. Vera A. Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se petition for writ of certiorari. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1171. Melanie Freeman v. Honorable Michael Maggio, Judge, from Faulkner Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-467. Kenneth Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit. Pro se motion to bring to attention of court a fraud. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-933. Robert Standridge v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Committee on Automation. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Barry Sims of North Little Rock, Ms. Jeanette Hamilton of North Little Rock, Mr. Reed Edwards of Little Rock, and Ms. Carol Ray of Van Buren, are hereby reappointed to the Committee on Automation for three-year terms to expire October 2006. Ms. Karen Sharp Halbert, of Little Rock, is appointed to the Committee on Automation for a three (3) year term ending October 31, 2006. Ms. Halbert is replacing Ms. Margaret Newton, of Little Rock, whose term expires October 31, 2003.

The Court extends its appreciation to Judge Sims, Ms. Hamilton, Mr. Edwards, and Ms. Ray for accepting these reappointments to this committee. The Court also extends its appreciation to Ms. Sharp for accepting this appointment, and wishes to thank Ms. Newton, for her service on this committee.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District.

CR03-3. Elbert Holder v. State of Arkansas, from Phillips Circuit.

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PETITION FOR REVIEW:

CR03-1185. Cornell Jones v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

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CR03-428. Daniel J. Ridling v. State of Arkansas, from Pulaski Circuit, First Division. Motion for extension of brief time.

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion to be relieved as counsel.

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Pro se motion for appointment of counsel.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CR03-1041. Raymond Walters v. State of Arkansas, from Garland Circuit. Motion to withdraw as attorney on direct appeal.

CR03-1197. James Ricky Mauldin v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk.

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar ID #81133, from Committee on Professional Conduct. Motion for rule on clerk to file a belated brief.

03-1194. Pamela Jannette Stuckey v. Arkansas Methodist Hospital Corporation et al., from Greene Circuit. Appellees' motion to dismiss appeal.

03-1206. David R. Williams & Associates et al. v. Honorable James M. Moody, Judge, from Pulaski Circuit, Third Division. Motion to proceed in forma pauperis.

03-1210. Generali-U.S. Branch v. Hector Angel Martinez et ux., from Craighead Circuit, Western District. Appellees' motion to dismiss appeal.

SUBMISSIONS

02-1214. George L. Conner III, M.D. et al. v. Honorable L. T. Simes, Judge, from St. Francis Circuit. Argued orally.

02-1367. South Beach Beverage Company, Inc. et al. v. Harris Brands, Inc., from Washington Circuit.

03-314. Sherry Tate-Smith v. Honorable David Burnett, Judge, from Crittenden Circuit.

03-327. William Carl Pederson et al. v. Carl Stracener et al., from Lonoke Circuit.

03-330. Tom Allen v. Honorable Keith Rutledge, Judge, from Independence Circuit.

03-342. Larry Ingram v. The City of Pine Bluff et al., from Jefferson Circuit.

03-357. Eplurivus West v. Mary Jo Williams et al., from Sebastian Circuit, Fort Smith District.