Billings v. Director (Gladwin, J.) E02-239
Unemployment compensation — Appellate court could not discern any intent that statutory amendment should be applied retroactively; substantial evidence supported Board of Review's determination that appellants were not eligible for unemployment benefits. [HTML, WP5.1]

Clark v. Hendrix (Griffen, J.) CA03-326
Parent & child — First court to exercise jurisdiction over visitation retained it; trial judge in other county erred in assuming jurisdiction. [HTML, WP5.1]

Cox v. Keahey (Vaught, J.) CA02-1118
Judgment — Res judicata; circuit court erred in failing to apply exception to doctrine; matter reversed & remanded for trial where claim preclusion did not apply. [HTML, WP5.1]

Donald v. City of West Memphis (Robbins, J.) CACR02-1179
Appeal & error — Appellant entitled to refund for money paid on original judgment; trial court reversed in part. [HTML, WP5.1]

Hill v. Hill (Roaf, J.) CA03-518
Parent & child — Child-support arrearages; General Assembly has provided that order for arrearages is final judgment subject to garnishment or execution until modified or set aside; Ark. Code Ann. §§ 9-14-234 & 9-14-235(a) & (c) & applicable precedent consistent; remedies provided in child-support enforcement subchapter are not exclusive of other existing remedies; trial court's ruling reversed. [HTML, WP5.1]

Lamar Outdoor Advert., Inc. v. Arkansas State Hwy. and Transp. Dep't (Stroud, C.J.) CA02-870
Zoning — Application for special-use permit affirmed where testimony of city planning director & language of ordinance constituted substantial evidence; deference to agency; de novo review not appropriate because of separation-of-powers doctrine. [HTML, WP5.1]

Linn v. State (Roaf, J.) CACR03-476
Evidence — Evidence sufficient to show physical trauma; second-degree battery conviction supported by substantial evidence. [HTML, WP5.1]

Statler v. Painter (Griffen, J.) CA03-531
Contracts — Reformation of instruments; appellees were bonafide purchasers who would be prejudiced by reformation of deed; trial court's denial of reformation affirmed; error found in order appealed from; case remanded for consideration of whether mistake occurred. [HTML, WP5.1]

Turner v. Northwest Arkansas Neurosurgery Clinic (Bird, J.) CA03-208
Evidence — Prohibited evidence was completely relevant; trial court's refusal to reconsider order in limine reversed; summary judgment reversed & remanded for trial where evidence established existence of genuine issues of material fact regarding physician's breach of standard of care. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Forrest v. Arkansas Dep't of Human Servs., CA 03-298 (Robbins, J.), affirmed December 3, 2003. [HTML, WP5.1]

Hillery v. State, CA CR 03-192 (Griffen, J.), affirmed December 3, 2003. [HTML, WP5.1]

Johnson v. State, CA CR 03-274 (Neal, J.), affirmed December 3, 2003. [HTML, WP5.1]

Lawrence v. Arkansas Dep't of Human Servs., CA 03-728 (Baker, J.), affirmed December 3, 2003. [HTML, WP5.1]

McCammon v. State, CA CR 03-2 (Pittman, J.), affirmed December 3, 2003. [HTML, WP5.1]

Misenheimer v. Stroud, CA 03-468 (Baker, J.), affirmed December 3, 2003. [HTML, WP5.1]

Richardson v. State, CA CR 03-107 (Vaught, J.), affirmed December 3, 2003. [HTML, WP5.1]

Stroud v. State, CA CR 03-165 (Stroud, C.J.), appeal dismissed December 3, 2003. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-165. Charles L. Stroud v. State of Arkansas, from Pope Circuit. Appeal Dismissed. Gladwin and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-870. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit. Affirmed. Gladwin and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-2. Michael D. McCammon v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

E02-239. Gloria Billings et al. v. Director, Employment Security Department and Southwestern Bell, from Board of Review. Affirmed. Stroud, C.J., Pittman, Bird, Vaught, and Crabtree, JJ., agree. Hart, Baker, and Roaf, JJ., dissent. (7 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-1179. Archie M. Donald v. City of West Memphis, from Crittenden Circuit. Affirmed in Part; Reversed in Part. Pittman and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA03-298. Rachel Forrest v. Arkansas Department of Human Services and Minor Child, from Pulaski Circuit, Tenth Division. Affirmed. Pittman and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-208. Shelly Turner, Administratrix of the Estate of Ricky Turner, Deceased v. Northwest Arkansas Neurosurgery Clinic, P.A., from Washington Circuit. Reversed and Remanded. Hart and Vaught, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-192. William Hillery v. State of Arkansas, from Clark Circuit. Affirmed. Neal and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-326. John Clark v. Tara Hendrix, from White Circuit. Reversed and Dismissed. Pittman and Hart, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA03-531. David and Margaret Statler v. Bobby and Rose Painter, from Randolph Circuit. Affirmed in Part; Remanded in Part. Neal and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-274. Dedrick Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-107. Anthony Richardson v. State of Arkansas, from White Circuit. Affirmed. Hart and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1118. William A. Cox v. Jane Merle Keahey, from Miller Circuit. Reversed and Remanded. Hart and Bird, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-468. Jimmy Misenheimer v. Debbie (Misenheimer) Stroud, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-728. Katie Ruth Lawrence v. Arkansas Department of Human Services, from Polk Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-476. Kevin Jeremy Linn v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA03-518. Lisa A. Hill (now DeChaine) v. Samuel Paul Hill, from Benton Circuit. Reversed and Remanded. Pittman and Robbins, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA03-268. Terry Gibson v. Pat Gibson, from Cleveland Circuit.

CA03-389. Arkansas River Rights Committee v. Echubby Lake Hunting Club, from Lincoln Circuit.

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

CACR02-692. Jason Todd Phipps v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Richard L. Hughes for attorney's fees is granted. Allowed $750.00.

CACR02-1206. Mandi Tanner v. State of Arkansas, from Faulkner Circuit. Motion of Victor D. "Trey" Wright III for attorney's fees is granted. Allowed $750.00.

CACR02-1309. Erskine Douglas Flamer v. State of Arkansas, from Chicot Circuit. Motion of Shane Roughley for attorney's fees is granted. Allowed $750.00.

CACR03-106. Ike Curtis v. State of Arkansas, from Chicot Circuit. Motion of Gayle D. Zimmerman for attorney's fees is granted. Allowed $750.00.

CACR03-288. Freddie Ezekiel v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $750.00.

CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit. Appellant's pro se motion for appointment of counsel is denied.

CACR03-485. Jason B. Rogers v. State of Arkansas, from Crittenden Circuit. Appellant's motion for time to correct brief is granted.

CACR03-532. Wendell Gaddy v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted. Roaf, J., not participating.

CACR03-619. Lelia Ann Reed v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.

CACR03-895. Theodore Widen II v. State of Arkansas, from Faulkner Circuit. Appellant's motion to consolidate this appeal with CACR03-896 is granted.

CACR03-976. Raymond Ray Porter v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to supplement the record is granted.

CACR03-1075. Albert Stuart Thomas v. State of Arkansas, from Ashley Circuit. Appellant's motion to consolidate this appeal with CACR03-1092 is granted. Pittman, Hart, and Gladwin, JJ., would deny.

CA02-416. Kimberly-Clark Corporation v. Johnny P. Cruse, from Workers' Compensation Commission. Joint motion to remand is granted.

CA03-198. Thomas Donald v. Carol Spurlock, from Ashley Circuit. Appellee's motion for attorney's fees is denied.

CA03-385. Donna Cummings et al. v. Arkansas Department of Human Services, from Logan Circuit, Southern District. Motion of Trina G. Yerby for attorney's fees and costs is denied. See Walters v. Arkansas Dep't of Human Servs., ___ Ark. App. ____ (Sept. 10, 2003).

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Appellee's motion for additional brief time is granted.

CA03-575. Maggie Young v. The Gastro-Intestinal Center, Inc. et al., from Pulaski Circuit, Second Division. Appellees' motion to supplement the record is passed until case is submitted. Roaf, J., not participating.

CA03-663. Willie Nichols v. Farmers Insurance Company, from Pulaski Circuit, Second Division. Appellant's motion for costs. Costs assessed on mandate.

CA03-820. Kevin J.W. Smith v. Sherri George Benton, from Pulaski Circuit, Eighth Division. Appellant's motion for additional brief time is granted.

CA03-861. Linda Camarillo v. Arkansas Department of Human Services, from Benton Circuit. Appellant's pro se motion to stay brief time is granted. Appellant's brief due January 5, 2004.

CA03-897. Judy Weatherly v. James Weatherly, from Lonoke Circuit. Appellant's motion to file belated brief is granted.

CA03-949. PricewaterhouseCoopers, LLP et al. v. Warmack-Muskogee Limited Partnership, from Miller Circuit. Joint motion to stay appeal, or in the alternative, to stay briefing schedule is granted. Appellant's brief due in sixty days. Stroud, C.J., not participating.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer et al., from Pulaski Circuit, Twelfth Division. Appellees' motion to supplement the record and for brief time is granted. Record deemed supplemented.

CA03-998. Marlo Anderson v. Mamie Riley, from Pulaski Circuit, Sixth Division. Appellant's motion to reinstate appeal and for belated brief is granted.

CA03-1009. Robbie R. Jones v. Charlie Daniels, Land Commissioner et al., from Sebastian Circuit, Fort Smith District. Appellant's petition for writ of certiorari to complete the record and to include previous mandate and for brief time is granted. Record to be completed within thirty days. Brief due thirty days thereafter.

CA03-1081. Charlotte Rose Shepherd v. St. Edwards Mercy Medical Center, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted.

CA03-1112. Cinnamon Valley Resort, Inc. et al. v. EMAC Enterprises, Inc., from Carroll Circuit, Western District. Appellants' motion for approval of corporate supersedeas surety bond and for stay of collection efforts is granted.

CA03-1113. Corina Simpson v. Clarence Simpson, from Franklin Circuit, Northern District. Appellant's petition for writ of certiorari to complete the record is remanded to the trial court to settle the record within thirty days.

CA03-1279. Donald Clayton Pyle v. Joyce Earlene Pyle, from Union Circuit. Motion of Jack W. Barker to be relieved as counsel for appellant and to substitute Alvin D. Clay as attorney for appellant is granted.

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Appellant's motion for anonymity and to seal the record is granted.

E03-127. Jeff B. Mynatt et al. v. Director et al., from Board of Review. Appellants' motion to stay brief time until sixty days after opinion is handed down in Billings v. Director, E02-239 is granted. Appellant's brief due in sixty days.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR02-1313. Robert S. Hampton v. State of Arkansas, from Ashley Circuit.

CA03-31. Paul and Bonnie Swaims v. Samuel and Liana Greenway, from Independence Circuit.

CA03-206. Melvin D. Clark and Diana S. Clark v. Kentley Hall et al., from Washington Circuit.

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CACR03-175. Lavon Martin Franklin v. State of Arkansas, from Ashley Circuit. Motion of Christopher W. Hays for attorney's fees.

CACR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

CACR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Appellant's motion to file belated brief.

CACR03-781. Marvin Jefferson v. State of Arkansas, from Monroe Circuit. Appellant's motion for additional brief time.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellant's petition for writ of certiorari to complete the record.

CA03-295. Waldron Nursing Center, Inc. et al. v. Carol Rose, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA03-527. Susan M. Hyden v. James W. Hyden, from Pulaski Circuit, Seventeenth Division. Appellant's motion for attorney's fees and costs.

CA03-813. Rose Care, Inc. d/b/a Rose Care Center of Jacksonville v. Emmer Coulter, from Pulaski Circuit, Fifth Division. Motion of Arkansas Advocates for Nursing Home Residents to file amicus curiae brief in support of appellee.

CA03-1105. Helen Taylor v. Winnifred Louwanah Cox, from Little River Circuit. Joint motion of Randell J. Wright to withdraw and to substitute Lisa Mills Wilkins as attorney for appellee.

CA03-1139. Lee C. Matous et al. v. Summit Bank, from Garland Circuit. Appellants' pro se motion for additional brief time.

CA03-1147. E-Z Loader Boat Trailer, Inc. et al. v. Daryl T. Jones, from Workers' Compensation Commission. Appellants' motion to supplement the record.

CA03-1189. Amie M. Riddles v. Mid-Town Apartments Limited Partnership, from Sebastian Circuit, Fort Smith District. Appellee's motion to consolidate this appeal with CA03-1289 and to stay brief time.

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Appellants' motion to advance briefing schedule and appeal.

SUBMISSIONS

CA03-555. Coulson Oil Company, Inc. v. Christopher Tully, from Saline Circuit. Argued orally.

CA03-574. Wade Matthew Ceola v. Ashley (Ceola) Burnham, from Pope Circuit. Argued orally.

CACR02-125. Michael S. Reeves v. State of Arkansas, from Desha Circuit, Arkansas City District.

CACR03-179. James Ricky Glasgow v. State of Arkansas, from Hot Spring Circuit.

CACR03-224. Charles Avery Hull v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-323. Gregory Fisher v. State of Arkansas, from Crawford Circuit.

CACR03-350. Larry Charles Washington v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-398. Frederick R. Daniels v. State of Arkansas, from Drew Circuit.

CACR03-432. Johnny Kuske v. State of Arkansas, from Lonoke Circuit.

CACR03-576. Nelson Nimmer v. State of Arkansas, from Desha Circuit, Arkansas City District.

CA03-8. Leo D. VanScoy v. Susan Marie VanScoy, from Benton Circuit.

CA03-294. Eric Holloway v. Riley's Oak Hill Manor, Inc., from Arkansas Circuit, Northern District.

CA03-442. Melinda Wyrick v. Arkansas Department of Human Services, from Benton Circuit.

CA03-604. Herbert Brake v. The Kroger Company, Inc., from Workers' Compensation Commission.

CA03-630. Theresa Barron v. Creative Foods et al., from Workers' Compensation Commission.

CA03-689. Fordyce Concrete et al. v. Charles Garth (Deceased), from Workers' Compensation Commission.

CA03-807. Randal Moseley, Sr. v. Paradise Landing & Fishing Village, from Faulkner Circuit.

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

E03-225. Turner Coleman v. Director et al.

E03-226. Melissa H. Woodruff v. Director et al.

E03-227. Alicia K. Lowery v. Director et al.

E03-228. Derrell L. Smith v. Director et al.

E03-229. Jerome G. Curley v. Director et al.

E03-230. Etta N. Black v. Director et al.

E03-231. John S. Daugherty v. Director et al.

E03-232. Michael Curtis v. Director et al.

E03-233. Isaiah Matlock v. Director et al.

E03-234. Allen Armer v. Director et al.

E03-235. J&S Manufacturing Company, Inc. v. Director et al.

E03-236. Southern Farm Bureau Casualty Insurance v. Director et al.