Allen v. Director (Pittman, J.) E03-172
Unemployment compensation — Appellate court precluded from receiving additional evidence on appeal; appellate court lacked authority to grant requested relief; Board of Review's decision affirmed. [HTML, WP5.1]

Ceola v. Burnham (Bird, J.) CA03-574
Parent & child — Child support; court made substantial findings that deviation from chart was not required; trial court affirmed. [HTML, WP5.1]

Copeland v. Copeland (Roaf, J.) CA03-482
Divorce — Division of marital property; record not fully developed; case reversed & remanded. [HTML, WP5.1]

Coulson Oil Co. v. Tully (Pittman, J.) CA03-555
Discovery — Sanctions; striking of appellant's answer was appropriate; finding that appellant lied was soundly supported by record. [HTML, WP5.1]

Daniels v. State (Robbins, J.) CACR03-398
Criminal law — Breathalyzer test; admission of result reversed where there was failure of compliance with statutory provisions. [HTML, WP5.1]

Fordyce Concrete v. Garth (Gladwin, J.) CA03-689
Workers' compensation — "Wholly dependent" & "actually dependent"; two minors wholly & actually dependent upon deceased claimant; award of dependency benefits affirmed. [HTML, WP5.1]

George v. State (Griffen, J.) CACR02-1001
Criminal law — Offenses against children; jury had substantial evidence to convict appellant of possessing visual or print medium depicting sexually explicit conduct of minors; affidavit for search warrant insufficient where time of alleged criminal activity was not mentioned; good-faith exception to exclusionary rule could not save search warrant where affidavit lacked any reference to time of observation of criminal activity. [HTML, WP5.1]

Holloway v. Riley's Oak Hill Manor, Inc. (Vaught, J.) CA03-294
Appeal & error — Trial court did not modify judgment; order determining dollar amount of costs, fees, and interest affirmed. [HTML, WP5.1]

Pittman v. Pittman (Griffen, J.) CA03-212
Divorce — Independent property-settlement agreement; two sections of agreement totally independent of each other; sum mentioned in section eight could not serve as basis to construe purported ambiguity in section twelve; section twelve of agreement unambiguous; interpreting last phrase did not relieve appellee of those expenses that preceded term in question; appellate court disagreed with conclusion that "reasonable expenses" ought to replace entire section twelve; case reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Brake v. The Kroger Company, CA 03-604 (Crabtree, J.), affirmed December 17, 2003. [HTML, WP5.1]

Glasgow v. State, CA CR 03-179 (Vaught, J.), affirmed December 17, 2003. [HTML, WP5.1]

Hull v. State, CA CR 03-224 (Crabtree, J.), affirmed December 17, 2003. [HTML, WP5.1]

Jackson v. Mid-South Roller, CA 03-554 (Neal, J.), reversed and remanded December 17, 2003. [HTML, WP5.1]

Kuske v. State, CA CR 03-432 (Stroud, C.J.), affirmed December 17, 2003. [HTML, WP5.1]

Litigation Partners of America., Inc. v. Southland Metals, Inc., CA 03-774 (Per Curiam), Appellee's Motion to Dismiss Appeal granted December 17, 2003. [HTML, WP5.1]

Morris v. City of Ravenden, CA 03-245 (Bird, J.), affirmed December 17, 2003. [HTML, WP5.1]

Moseley v. Paradise Landing & Fishing Village, CA 03-807 (Robbins, J.), affirmed December 17, 2003. [HTML, WP5.1]

Reeves v. State, CA CR 02-125 (Griffen, J.), affirmed December 17, 2003. [HTML, WP5.1]

Sheddan v. Sheddan, CA 02-1301 (Gladwin, J.), affirmed December 17, 2003. [HTML, WP5.1]

Simmons v. State, CA CR 03-164 (Per Curiam), Petition for Rehearing granted December 17, 2003. [HTML, WP5.1]

Spangler v. Arkansas Dep't of Human Servs., CA 03-147 (Gladwin, J.), affirmed December 17, 2003. [HTML, WP5.1]

Vanscoy v. Vanscoy, CA 03-8 (Neal, J.), affirmed in part; reversed and dismissed in part December 17, 2003. [HTML, WP5.1]

 CASES AFFIRMED WITHOUT OPINION

Armer v. Director of Labor, E 03-234, December 17, 2003.

Black v. Director of Labor, E 03-230, December 17, 2003.

Coleman v. Director of Labor, E 03-225, December 17, 2003.

Curley v. Director of Labor, E 03-229, December 17, 2003.

Curtis v. Director of Labor, E 03-232, December 17, 2003.

Daugherty v. Director of Labor, E 03-231, December 17, 2003.

J&S Mfg. Co. v. Director of Labor, E 03-235, December 17, 2003.

Lowery v. Director of Labor, E 03-227, December 17, 2003.

Matlock v. Director of Labor, E 03-233, December 17, 2003.

Smith v. Director of Labor, E 03-228, December 17, 2003.

Southern Farm Bur. Cas. Ins. v. Director of Labor, E 03-236, December 17, 2003.

Woodruff v. Director of Labor, E 03-226, December 17, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-432. Johnny Kuske v. State of Arkansas, from Lonoke Circuit. Affirmed. Bird, J., agrees. Pittman, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-555. Coulson Oil Co., Inc., and Coulson Properties, LLC v. Christopher Tully and Michelle Tully, from Saline Circuit. Affirmed. Bird, J., agrees. Stroud, C.J., concurs. (13 PAGES PUBLISHED) [HTML, WP5.1]

E03-172. Gloria D. Allen v. Director, Employment Security Department, from Board of Review. Affirmed. Hart, Gladwin, and Bird, JJ., agree. Robbins and Griffen, JJ., concur. (3 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA02-1301. Julie Sheddan v. Jacob C. Sheddan, from Pulaski Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-147. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-689. Fordyce Concrete and Safeco/American States Insurance v. Charles Garth (Deceased), from Workers' Compensation Commission. Affirmed. Griffen and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-398. Frederick R. Daniels v. State of Arkansas, from Drew Circuit. Reversed and Remanded. Vaught and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA03-807. Randal Moseley, Sr. v. Paradise Landing & Fishing Village and M.S. Burgess, from Faulkner Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-245. Wendell Morris v. City of Ravenden et al., from Lawrence Circuit. Affirmed. Hart and Vaught, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-574. Wade Matthew Ceola v. Ashley (Ceola) Burnham, from Pope Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-125. Michael Reeves v. State of Arkansas, from Desha Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1001. Glenn E. George v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Gladwin, Neal, and Baker, JJ., agree. Pittman and Robbins, JJ., dissent. (13 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-212. Lynne Pittman (Now Gordy) v. Claude Pittman, from Washington Circuit. Reversed and Remanded. Stroud, C.J., Baker, and Roaf, JJ., agree. Neal and Crabtree, JJ., dissent. (7 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-8. Leo Vanscoy v. Susan Vanscoy, from Benton Circuit. Affirmed in Part; Reversed and Dismissed in Part. Hart and Baker, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-554. Lonnie Jackson v. Mid-South Roller, Union Standard Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-179. James Ricky Glasgow v. State of Arkansas, from Hot Spring Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-294. Eric Holloway v. Riley's Oak Hill Manor, Inc., from Arkansas Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-224. Charles Avery Hull v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-604. Herbert Brake v. The Kroger Company, Inc., and CNA Insurance Company, from Workers' Compensation Commission. Affirmed. Robbins and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-482. Lonnie Wayne Copeland v. Barbara Elaine Copeland, from Faulkner Circuit. Reversed and Remanded. Pittman and Robbins, JJ., agree. (7 PAGES PUBLISHED) [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).

E03-225. 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.

PER CURIAM ORDERS

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CACR03-164. Timothy Quarteze Simmons v. State of Arkansas, from Mississippi Circuit, Chickasawba District. See opinion this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

********************************

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 is granted. Allowed $750.00.

CACR03-205. Earl W. Loy v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time is granted. Final extension. Hart, Neal, and Roaf, JJ., would allow for further extensions.

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

CACR03-639. Keith Knight v. State of Arkansas, from Crawford Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $750.00.

CACR03-969. Christopher Goodrum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of John L. Kearney to be substituted as counsel for appellant is remanded to the trial court for further proceedings pursuant to Brewer v. State, 64 Ark. App. 372 (1998).

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

CA03-774. Litigation Partners of America, Inc et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-774. Litigation Partners of America, Inc et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Motion for emergency order staying enforcement of all orders or judgments after notice of appeal was filed and motion for leave to file supersedeas if required for stay. Moot.

CA03-774. Litigation Partners of America, Inc et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Motion of Christopher Edelmann to intervene and for leave to expand the record. Moot.

CA03-774. Litigation Partners of America, Inc et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Motion for emergency order reversing judgment against property of Christopher Edelmann in satisfaction of judgment. Moot.

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 is granted.

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 is denied.

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

SUBMISSIONS

CACR02-175. Kenneth Trigleth v. State of Arkansas, from Chicot Circuit.

CACR02-774. Fabious Myles v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit.

CACR02-935. Torrizell Stevenson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-971. Donna Aldridge v. State of Arkansas, from Crawford Circuit.

CACR02-1099. Corey Terrell Hatchett v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-1110. Earnest Britman v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR02-1139. William Helton v. State of Arkansas, from Sevier Circuit.

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-1178. Teresa Ann Wade v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-1238. Randy Phillips v. State of Arkansas, from Garland Circuit.

CACR02-1240. Randy Phillips v. State of Arkansas, from Garland Circuit.

CACR02-1340. Barney Allen Barnett v. State of Arkansas, from Chicot Circuit.

CACR03-5. James Michael Reeves v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-20. Domonic Lasean Smith v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-60. Derrick Owens v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-71. Phillip Parmley v. State of Arkansas, from Garland Circuit.

CACR03-200. Jeff Chandler v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR03-219. William Sharp v. State of Arkansas, from Johnson Circuit.

CACR03-270. Myron Clay Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-437. Daniel Terry Hood v. State of Arkansas, from Prairie Circuit, Northern District.

CACR03-471. Roy Lee Wallace v. State of Arkansas, from Crittenden Circuit.

CACR03-499. Willie Glenn Howard v. State of Arkansas, from Union Circuit.

CACR03-588. Terrance N. Baker v. State of Arkansas, from Crittenden Circuit.

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

 E03-249. William E. Brewington v. Director et al.

E03-252. Ruby J. McFadden v. Director et al.

E03-253. Sharon Sanner v. Director et al.

E03-254. Joel M. McClanahan v. Director et al.

E03-255. Stanley E. Sosinski v. Director et al.

E03-256. Jimmy C. Lewis v. Director et al.

E03-257. Scottie L. Wilson v. Director et al.

E03-260. Johnny Ray Lawson v. Director et al.

E03-263. Pamela D. Wood v. Director et al.

E03-265. Benjamin David Lane v. Director et al.

E03-266. Sharon Sanner v. Director et al.

E03-267. Ricky D. Vincent v. Director et al.