Almobarak v. McCoy (Hart, J.) CA03-427
Property — Judicial sales; objections made after confirmation are too late; confirmation affirmed where appellant filed objection forty-four minutes late. [HTML, WP5.1]

Byrd v. State (Vaught, J.) CA03-505
Juveniles — Revocation of suspended sentence of juvenile; appellant's probation remained in effect; juvenile court had authority to revoke probation upon filing of second petition for revocation. [HTML, WP5.1]

Calhoun v. Calhoun (Hart, J.) CA03-356
Parent & child — Custody; Circuit court found material change in circumstances; court failed to consider best interest of child; circuit court failed to complete two-step analysis for change of custody; case remanded for completion of second step. [HTML, WP5.1]

Doubleday v. State (Neal, J.) CACR03-328
Criminal law — Theft by receiving; State met burden in showing trailer had been stolen; State did not receive benefit of statutory presumption regarding knowledge or belief that property was stolen; conviction affirmed. [HTML, WP5.1]

Edmondston v. Estate of Fountain (Roaf, J.) CA02-842
Wills — Holographic wills; evidence of testamentary intent shown by caption used; reversed & remanded with directions to admit will to probate. [HTML, WP5.1]

Epoxyn Products, Inc v. Padgett (Stroud, C.J.) CA03-228
Workers' compensation — Appellate court bound by Commission's determination that drug test was not credible evidence; statutory presumption did not arise; award of benefits affirmed. [HTML, WP5.1]

Heptinstall v. Asplundh Tree Expert Co. (Baker, J.) CA03-011
Workers' compensation — Compensability; appellant not required to prove infection was occupational disease; appellant needed only to establish causal link between original injury & subsequent complications; no findings by Workers' Compensation Commission regarding whether appellant sustained compensable accidental injury; matter remanded for finding of fact. [HTML, WP5.1]

Mann v. State (Baker, J.) CACR02-1012
Search & seizure — Warrantless entry; exigent circumstances for warrantless search manufactured by law-enforcement agents; trial court erred in denying appellant's motion to suppress. [HTML, WP5.1]

Missouri v. Director (Bird, J.) E03-204
Unemployment compensation — Reasonable minds could not find that appellant quit his work because of lack of transportation; reversed & remanded for award of benefits. [HTML, WP5.1]

Rodriguez v. Arkansas Dep't of Human Servs. (Griffen, J.) CA03-300
Parent & child — Trial court erred in determining that due process rights had not been violated without admitting case plan into evidence; case reversed; circuit court erred in admitting court-ordered psychological evaluation report; report was inadmissible hearsay. [HTML, WP5.1]

Stracener v. Williams (Crabtree, J.) CA03-139
Limitation of actions — Equitable tolling; reasonable diligence required; trial court did not err in refusing to find that appellants' attorney was sufficiently diligent to merit application of doctrine of equitable tolling. [HTML, WP5.1]

Tate v. State (Griffen, J.) CACR03-193
Criminal law — Accomplice testimony; corroborating evidence insufficient to connect appellant with crime; case reversed & dismissed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Angell v. Cooper Tire & Rubber Co., CA 02-1034 (Griffen, J.), affirmed in part; remanded in part December 10, 2003. [HTML, WP5.1]

Bens v. State, CA CR 03-504 (Stroud, C.J.), affirmed December 10, 2003. [HTML, WP5.1]

Brewer v. Poole, CA 02-1162 (Per Curiam), appeal dismissed December 10, 2003. [HTML, WP5.1]

Crowder-Jones v. State, CA CR 03-13 (Gladwin, J.), affirmed December 10, 2003. [HTML, WP5.1]

D3 Corp. v. Daniels, CA 03-704 (Neal, J.), affirmed December 10, 2003. [HTML, WP5.1]

Flash Market, Inc. v. Karczmarczyk, CA 03-660 (Gladwin, J.), affirmed December 10, 2003. [HTML, WP5.1]

Fletcher v. Fletcher, CA 03-444 (Stroud, C.J.), affirmed December 10, 2003. [HTML, WP5.1]

Forrest v. Arkansas Dep't of Human Servs., CA 03-473 (Pittman, J.), affirmed December 10, 2003. [HTML, WP5.1]

Frigon v. Frigon, CA 02-1374 (Robbins, J.), affirmed December 10, 2003. [HTML, WP5.1]

McConnell v. State, CA CR 03-262 (Gladwin, J.), affirmed December 10, 2003. [HTML, WP5.1]

Oliver v. State, CA CR 02-960 (Hart, J.), affirmed December 10, 2003. [HTML, WP5.1]

Ray v. Arkansas Dep't of Human Servs., CA 03-763 (Baker, J.), affirmed December 10, 2003. [HTML, WP5.1]

Thomas v. State, CA CR 03-230 (Bird, J.), affirmed December 10, 2003. [HTML, WP5.1]

Tyrer v. Ryan, CA 03-462 (Hart, J.), affirmed December 10, 2003. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Hogue, CA 03-638 (Pittman, J.), affirmed December 10, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Beasley v. Director of Labor, E 03-220, December 10, 2003.

Casey v. Director of Labor, E 03-224, December 10, 2003.

Conway v. Director of Labor, E 03-213, December 10, 2003.

Davis v. Director of Labor, E 03-219, December 10, 2003.

Dobbins v. Director of Labor, E 03-216, December 10, 2003.

Farris v. Director of Labor, E 03-215, December 10, 2003.

Hopkins v. Director of Labor, E 03-221, December 10, 2003.

Reavis v. Director of Labor, E 03-214, December 10, 2003.

Sims v. Director of Labor, E 03-223, December 10, 2003.

Spencer v. Director of Labor, E 03-222, December 10, 2003.

Tates v. Director of Labor, E 03-212, December 10, 2003.

Willingham v. Director of Labor, E 03-217, December 10, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-504. Anthony Bens v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Gladwin and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-228. Epoxyn Products, Inc. and Lumbermen's Mutual Casualty Company v. Tim Padgett, from Workers' Compensation Commission. Affirmed. Gladwin and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA03-444. Malian E. Fletcher v. Patricia E. Fletcher, from Saline Circuit. Affirmed. Gladwin and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-473. Rachel Forrest v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Affirmed. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-638. Wal-Mart Stores, Inc. v. Margaret Hogue, from Workers' Compensation Commission. Affirmed. Robbins and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-960. Benjamin Oliver v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-356. Sonya J. Calhoun v. John Mark Calhoun, from Jefferson Circuit. Reversed and Remanded. Robbins, Bird, Neal, and Roaf, JJ., agree. Stroud, C.J., Pittman, Gladwin, and Griffen, JJ., dissent. (7 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-462. Dean Tyrer and Angela Tyrer v. Robert Ryan, from Craighead Circuit. Affirmed. Bird and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-427. Omar Almobarak v. Darryl and Cindy McCoy, from Benton Circuit. Affirmed. Bird and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-262. Jason McConnell v. State of Arkansas, from Scott Circuit. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-13. Eric Crowder-Jones v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-660. Flash Market, Inc. v. Pete Karczmarczyk, from Saline Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-1374. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Affirmed. Pittman and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-230. Peter Thomas v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

E03-204. Milton Missouri v. Director, Employment Security Department and Lamb & Associates, from Board of Review. Reversed and Remanded. Hart and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-193. Adam Tate v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Gladwin, Neal, and Baker, JJ., agree. Stroud, C.J., and Crabtree, J., dissent. (6 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-1034. Richard Angell v. Cooper Tire & Rubber Company, from Miller Circuit. Affirmed in Part; Remanded in Part. Neal and Crabtree, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-300. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Reversed and Remanded. Robbins and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-328. Rodney Doubleday v. State of Arkansas, from Van Buren Circuit. Affirmed. Stroud, C.J., Gladwin, and Crabtree, JJ., agree. Vaught and Roaf, JJ., dissent. (7 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-704. D3 Corporation v. Charlie Daniels, Commissioner of State Lands for the State of Arkansas et al., from Washington Circuit. Affirmed. Crabtree, J., agrees. Griffen, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-505. Matthew Byrd v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Bird, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-139. Marie Stracener and Teresa O'Neal v. Thomas Williams, M.D., from Sebastian Circuit. Affirmed. Griffen and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-1012. Johnny Mann v. State of Arkansas, from Ashley Circuit. Reversed and Remanded. Pittman, Hart, and Roaf, JJ., agree. Gladwin and Crabtree, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-11. Mark Heptinstall v. Asplundh Tree Expert Company and Reliance National Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Hart, Griffen, and Crabtree, JJ., agree. Pittman and Vaught, JJ., dissent. (8 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-763. Jerry Ray and Donna Ray v. Arkansas Department of Human Services, from White Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA02-842. Sharon Kay Edmondston v. The Estate of Oral W. Fountain, Deceased, fromIzard Probate. Reversed and Remanded. Neal, J., agrees. Stroud, C.J., concurs. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA02-1162. Jeffrey Dean Brewer et al. v. Marvin L. Poole, M.D. et al., from Scott Circuit. Appeal Dismissed. (3 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).

E03-212. 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.

PER CURIAM ORDERS

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

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.

CA03-435. Bob Shrable and Glenda Shrable v. Donnie Allison, Carol Allison, Duane Gaither and Linda Gaither, from Lawrence 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 is granted. Allowed $750.00.

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

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

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

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

CA03-177. Caroline M. Cone et al. v. Jeffrey Smith et ux., from Jefferson Circuit. Appellees' motion to strike appellants' brief is denied. Appellees' motion for brief time is granted. Brief due in thirty days. Motion for attorney's fee deferred until case is submitted.

CA03-177. Caroline M. Cone et al. v. Jeffrey Smith, from Jefferson Circuit. Appellants' pro se motion to file supplemental brief and for brief time is denied.

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

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

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 is granted.

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

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

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 is granted. Appellant's brief due in thirty days.

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Appellants' motion to advance briefing schedule and appeal is denied. Motion to advance scheduling oral argument is granted.

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Appellee's motion to release sealed record is granted. Appellee's brief due January 9, 2003.

MOTIONS SUBMITTED

CACR03-13. Eric Crowder-Jones v. State of Arkansas, from Pulaski Circuit, First Division. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR03-205. Earl W. Loy v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time.

CACR03-532. Wendall Gaddy v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief.

CACR03-639. Keith Knight v. State of Arkansas, from Crawford Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.

CA03-711. Daniel Fields v. Terri Rankin Byrd, from Perry Circuit. Motion of Ledbetter, Cogbill, Arnold & Harrison, LLP to withdraw as counsel for appellant.

CA03-1135. First National Bank of Lewisville v. Eddie Mayberry et al., from Columbia Circuit. Appellees' motion to dismiss appeal.

CA03-1218. Mary L. Watkins Revocable Trust et al. v. John H. Watkins, from Conway Circuit. Appellants' motion to correct the record.

CA03-1360. Harry Tucker v. City of Hot Springs, from Workers' Compensation Commission. Appellant's pro se motion for rule on clerk to lodge transcript.

E03-365. Janet K. Denson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CA03-493. Debra Nelson v. Arkansas Department of Human Services, from Benton Circuit. Argued orally.

CA03-716. BYME, Inc. v. Jackie S. Ivy, from Craighead Circuit, Western District. Argued orally.

CACR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit.

CACR02-939. Marlon Detric Miles v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-4. Jeffrey A. Swinford v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-32. Donald Ghoston v. State of Arkansas, from Jefferson Circuit.

CACR03-70. Billy James Williams v. State of Arkansas, from White Circuit.

CACR03-260. Timothy Zachary v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-275. Glynnis Hankins v. State of Arkansas, from Pope Circuit.

CACR03-387. Robert D. Phillips v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-464. Keith Allen Greer v. State of Arkansas, from Garland Circuit.

CACR03-650. Clifton Liggins v. State of Arkansas, from Desha Circuit, Arkansas City District.

CA02-759. Tommy Simmons v. State of Arkansas, from Pike Circuit.

CA03-358. SLC, Incorporated et al. v. National Bank of Arkansas, from Faulkner Circuit.

CA03-506. Dianne Davis v. Alan Hageman, from Pulaski Circuit, Fourteenth Division.

CA03-551. Dora Gillean et al. v. Healthsouth of Fort Smith, Inc. et al., from Sebastian Circuit, Fort Smith District.

CA03-618. Arkansas Power & Light Company v. Ronnie M. Miller, from Workers' Compensation Commission.

CA03-859. Anderson Gas & Propane, Inc. et al. v. Westport Insurance Corporation, from Madison Circuit.

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

E03-237. Carrie A. Tolson v. Director et al.

E03-238. William K. Smalley, Jr. v. Director et al.

E03-239. Angela D. Ludwig-Hayes v. Director et al.

E03-240. Terry C. Cooper v. Director et al.

E03-241. Ricky A. Chatman v. Director et al.

E03-242. Mike Tilley v. Director et al.

E03-243. Cook Jeep Eagle Chrysler v. Director et al.

E03-244. Franke's Cafeteria, Inc. v. Director et al.

E03-245. Alvin B. Sims v. Director et al.

E03-248. Capital Hotel v. Director et al.

E03-250. Lee A. Bealer v. Director et al.

E03-251. Mary A. Graham v. Director et al.