American Transp. Corp. v. Exchange Capital Corp. (Robbins, J.) CA03-266
Contracts — Appellant's allegation could result in complete setoff against appellee's claim; case reversed & remanded for new trial; award of attorney's fees reversed. [HTML, WP5.1]

Dunham v. Doyle (Robbins, J.) CA02-515
Parent & child — Child custody; appellant's actions did not rise to level of manifest indifference to his children's welfare; circuit judge erred in removing custody from natural parent; case reversed with custody vested in appellant father; case remanded for determination of visitation for mother. [HTML, WP5.1]

Gafford v. Cox (Neal, J.) CA03-382
Workers' compensation — Employee may maintain action for negligence of fellow employee; no unresolved question of material fact found; motion for summary judgment properly granted. [HTML, WP5.1]

Hickman v. Kralicek Realty (Crabtree, J.) CA03-370
Civil procedure — Trial court did not abuse discretion in allowing amendment; lien provided by statute did not extend to profits on cost-plus contract; matter reversed & remanded for determination of appellee's costs; cost-plus contract obligated appellants to pay all unforeseen costs over appellee's bid; reversed & remanded on cross-appeal with directions to disallow offset. [HTML, WP5.1]

Maxfield v. Director (Griffen, J.) E03-056
Unemployment compensation — Board's decision to deny unemployment benefits unsupported by substantial evidence; reversed & remanded; mere unsatisfactory conduct does not constitute misconduct. [HTML, WP5.1]

State v. Graydon (Per Curiam) CA03-489
Motions — Motion for permission to view sealed record; granted. [HTML, WP5.1]

Superior Fed. Bank v. Mackey (Hart, J.) CA02-1119
Defamation — False statement; substantial evidence was presented from which jury could have found that statement regarding approved contractors list was false; appellant's statement detrimentally affected contractual relations; appellee sustained reputational damage; no evidence presented to show that insufficient-funds notation on checks resulted in damage to appellee's reputation; appellant's conduct did not support jury's verdict; matter remanded for punitive-damage award to be reevaluated in light of factors to be considered when assessing degree of defendant's reprehensibility with regard to damages. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Berta v. State, CA CR 02-1027 (Hart, J.), reversed and remanded November 19, 2003. [HTML, WP5.1] Unpublished opinion November 19, 2003; redesignated as published January 14, 2004.

Donald v. Spurlock, CA 03-198 (Gladwin, J.), affirmed November 19, 2003. [HTML, WP5.1]

Ervin v. State, CA CR 03-278 (Vaught, J.), affirmed November 19, 2003. [HTML, WP5.1]

GNB Tech. v. Bryant, CA 03-549 (Pittman, J.), affirmed November 19, 2003. [HTML, WP5.1]

Hyden v. Hyden, CA 03-527 (Stroud, C.J.), reversed and remanded November 19, 2003. Substituted published opinion on grant of petition for rehearing delivered February 18, 2004; appears in syllabus that date. [HTML, WP5.1]

Moody v. Arkansas Dep't of Human Servs., CA 03-283 (Roaf, J.), affirmed November 19, 2003. [HTML, WP5.1]

Reed v. State, CA CR 03-619 (Baker, J.), affirmed November 19, 2003. [HTML, WP5.1]

Richardson v. Arkansas Dep't of Human Servs., CA 03-666 (Hart, J.), rebriefing ordered November 19, 2003. [HTML, WP5.1]

Tanner v. State, CA CR 02-1206 (Gladwin, J.), affirmed November 19, 2003. [HTML, WP5.1]

Taylor v. State, CA CR 03-292 (Crabtree, J.), affirmed as modified November 19, 2003. [HTML, WP5.1]

Williams v. State, CA CR 03-23 (Bird, J.), affirmed November 19, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Armstrong v. Director of Labor, E 03-210, November 19, 2003.

Bailey v. Director of Labor, E 03-200, November 19, 2003.

Brown v. Director of Labor, E 03-208, November 19, 2003.

Burks v. Director of Labor, E 03-211, November 19, 2003.

Gibbs v. Director of Labor, E 03-202, November 19, 2003.

Hawkins v. Director of Labor, E 03-206, November 19, 2003.

Hoffarth v. Director of Labor, E 03-201, November 19, 2003.

Hutchins v. Director of Labor, E 03-209, November 19, 2003.

Nash v. Director of Labor, E 03-207, November 19, 2003.

Torres v. Director of Labor, E 03-205, November 19, 2003.

Walker v. Director of Labor, E 03-199, November 19, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-527. Susan M. Hyden v. James W. Hyden, from Pulaski Circuit, Seventeenth Division. Reversed and Remanded. Gladwin and Baker, JJ., agree. Substituted opinion on grant of petition for rehearing delivered February 18, 2004; appears in syllabus that date. (11 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-549. GNB Technologies and Zurich American Insurance Company v. Dean Bryant, from Workers' Compensation Commission. Affirmed. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-1027. Raymond M. Berta and James W. Berta v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. Bird and Vaught, JJ., agree. Unpublished opinion November 19, 2003; redesignated as published January 14, 2004. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1119. Superior Federal Bank v. George Mackey and Jones & Mackey Construction Company, LLC, from Pulaski Circuit. Affirmed in Part, Reversed in Part, and Remanded in Part on Direct Appeal; Affirmed in Part and Reversed in Part on Cross-Appeal. Stroud, C.J., and Vaught, J., agree. (23 PAGES PUBLISHED) [HTML, WP5.1]

CA03-666. Terry Richardson v. Arkansas Department of Human Services, from Jefferson Circuit. Rebriefing Ordered. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-1206. Mandi Tanner v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins and Bird, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-198. Thomas Donald v. Carol Spurlock, from Ashley Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-515. James Douglas Dunham v. Mike Doyle and Stephanie Doyle, from Washington Circuit. Reversed and Remanded. Pittman and Roaf, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

CA03-266. American Transportation Corporation v. Exchange Capital Corporation, from Faulkner Circuit. Reversed and Remanded. Pittman and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-23. Marcia Williams v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

E03-56. Darold Maxfield v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Neal and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-382. Wayne Gafford v. Philip Cox, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-278. Duke E. Ervin v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-292. Linda Taylor v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Griffen and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-370. Michael J. Hickman and Lynda Hickman v. Kralicek Realty and Construction Company, from Sebastian Circuit. Affirmed in Part; Reversed and Remanded in Part on Direct Appeal; Reversed and Remanded on Cross-Appeal. Vaught and Baker, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-619. Lelia Ann Reed v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-283. Natosha Moody v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Pittman and Robbins, JJ., agree. (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).

E03-199. 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.

E03-205. Linda 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.

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

 CACR03-141. Timothy Weilenman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA03-186. Dora Castaneda v. Progressive Classic Insurance Company, from Benton Circuit.

CA03-242. John E. Atkins and Jeannette W. Atkins v. Bobbie E. Fewell, a/k/a Robert E. Fewell, from Pulaski Circuit, Fifth Division.

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CACR03-155. Albert Sims v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to file belated points for reversal is granted. Pittman, Vaught, and Crabtree, JJ., would deny.

CACR03-164. Timothy Simmons v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is denied without prejudice to be refiled after rebriefing.

CACR03-360. Mary Bradley v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Dennis R. Molock for attorney's fees is granted. Allowed $850.00.

CACR03-970. Rodney J. Tarver v. State of Arkansas, from White Circuit. Appellant's motion to file belated brief is granted.

CACR03-1221. Jose Armando Flores, Jr. v. State of Arkansas, from White Circuit. Appellant's motion to consolidate CACR03-1221; CACR03-1222; and CACR03-1223 is granted. Crabtree, J., would deny.

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 is denied. See opinion this date.

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. See opinion this date.

CA03-229. David Reap v. Automation Systems, Inc. et al., from Workers' Compensation Commission. Appellees' motion to accept belated supplemental record is granted.

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

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Appellee's motion for permission to view sealed record is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CA03-592. Clarence Smith v. City of Fort Smith, from Sebastian Circuit, Fort Smith District. Appellant's motion to file substituted brief is granted.

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

CA03-790. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit, Thirteenth Division. Appellant's motion for additional brief time is granted. Brief due in sixty days.

SUBMISSIONS

CACR02-233. Efrem Burke v. State of Arkansas, from Jefferson Circuit. R.S. McCullough is ordered to appear and show cause today at 9:00 a.m.

CA03-704. D3 Corporation v. Charlie Daniels, Commissioner et al., from Washington Circuit. Argued orally.

CA03-660. Flash Market, Inc. v. Pete Karczmarczyk, from Saline Circuit. Argued orally.

CACR02-960. Benjamin Oliver v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-1305. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-55. Richard Maxwell v. State of Arkansas, from Ashley Circuit.

CACR03-230. Peter Thomas v. State of Arkansas, from Crittenden Circuit.

CACR03-504. Anthony Bens v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA02-1374. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit.

CA03-139. Marie Stracener et al. v. Thomas Williams, M.D. et al., from Sebastian Circuit, Fort Smith District.

CA03-235. Jimmy Harris v. Arkansas Department of Human Services, from Union Circuit.

CA03-444. Malian E. Fletcher v. Patricia E. Fletcher, from Saline Circuit.

CA03-459. Calvin D. Dooley v. Automated Conveyor Systems, Inc. et al., from Workers' Compensation Commission.

CA03-462. Dean Tyrer et ux. v. Robert Ryan, from Craighead Circuit, Western District.

CA03-482. Lonnie Wayne Copeland v. Barbara Elaine Copeland, from Faulkner Circuit.

CA03-505. Matthew Byrd v. State of Arkansas, from Crittenden Circuit.

CA03-530. Charles Smith v. City of Fort Smith, from Workers' Compensation Commission.

CA03-638. Wal-Mart Stores, Inc. v. Margaret Hogue, from Workers' Compensation Commission.

CA03-763. Donna Ray v. Arkansas Department of Human Services, from White Circuit.

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

E03-212. Inez J. Tates v. Director et al.

E03-213. Johnnie M. Conway v. Director et al.

E03-214. Steve Reavis v. Director et al.

E03-215. John E. Farris, Jr. v. Director et al.

E03-216. Frank E. Dobbins v. Director et al.

E03-217. Bryce R. Willingham v. Director et al.

E03-219. Amy M. Davis v. Director et al.

E03-220. Dyann Beasley v. Director et al.

E03-221. Rosie M. Hopkins v. Director et al.

E03-222. Eva Jane Spencer v. Director et al.

E03-223. William C. Sims v. Director et al.

E03-224. Kenneth D. Casey v. Director et al.