Allen v. Rutledge (Arnold, C.J.) 03-330
Judges — Recusal; appellee judge should have recused from deciding Rule 11 sanction issue where comments & rulings indicated bias against appellant. [HTML, WP5.1]

Conner v. Simes (Imber, J.) 02-1214
Prohibition, writ of — Extraordinary relief; medical malpractice & wrongful-death action not properly addressed by writ; appellant's petition for writ of prohibition denied; not proper remedy where circuit court was not wholly without jurisdiction. [HTML, WP5.1]

Finagin v. Arkansas Dev. Fin. Auth. (Thornton, J.) 02-1197
Bonds — Legislature did not limit authority of appellee to take action to fulfill statutory mandate to assist development of Arkansas business & industry through bonds & loans; trial court did not err in finding that appellee had authority to require individual guaranties; release of one guarantor did not release all guarantors; AIDC loan did not materially alter appellants' guaranties; appellee properly proceeded against guarantors where it had no duty to repossess collateral to protect guarantor; trial court's action in enforcing waiver of defenses provision of guaranty agreements was not clearly erroneous. [HTML, WP5.1]

Harold Ives Trucking Co. v. Pickens (Glaze, J.) 03-361
Insurance — Covered claims; net worth of appellant & affiliates exceeded qualifying statutory amount; claims of appellant & affiliate not covered under Guaranty Act; trial court applied proper definition of term "affiliate" & correctly concluded that appellant's claims were not "covered claims"; summary-judgment motion affirmed. [HTML, WP5.1]

Johnson v. State (Per Curiam) CR03-487
Appeal & error — Motion to reinstate appeal & to extend time to file brief granted; dilatoriness noted. [HTML, WP5.1]

Lackey v. Bramblett (Corbin, J.) 02-1332
Certiorari, writ of — Extraordinary relief; not appropriate where severance was discretionary matter; not plain on face of record that trial court exceeded authority by granting severance motions; no mechanism existed by which supreme court could obtain review of trial court's order granting severance; neither certiorari nor mandamus provided appropriate remedy. [HTML, WP5.1]

Middleton v. Lockhart (Imber, J.) 03-467
Limitations of actions — Statute of limitations on judgments; law of Arkansas as forum state governed; suit for execution commenced within ten-year limitations period; trial court was correct in denying appellants' motion to quash execution of Missouri judgment. [HTML, WP5.1]

Moses v. Bridgeman (Thornton, J.) 03-603
Negligence — Child, as social guest, had licensee status; no evidence appellee violated duty of care owed to licensee; swimming pool constituted open & obvious danger; no greater duty imposed on appellee host than would be imposed on parent; appellees did not breach their duty to child by preventing mother from attempting to rescue her son; summary judgment appropriate. [HTML, WP5.1]

Neill v. Nationwide Mut. Fire Ins. Co. (Hannah, J.) 03-214
Insurance — Genuine issue of material fact as to what happened between appellant and appellee in application interview precluded summary judgment; case reversed & remanded. [HTML, WP5.1]

Romes v. State (Per Curiam) CR02-1026
Appeal & error — Incomplete record; meaningful review not possible; order to complete record. [HTML, WP5.1]

Rutledge v. State (Per Curiam) CR03-1280
Appeal & error — Motion for belated appeal granted. [HTML, WP5.1]

Scott v. State (Hannah, J.) CR01-1052
Attorney & client — Claim of ineffective assistance; Docket entry merely ministerial notation of continuance; issue without merit; record reflected filing of criminal information; claim without merit; trial strategy not basis for postconviction relief; statement not found to be patently inflammatory; counsel not ineffective for not moving for mistrial. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Arkansas Bar Association - Petition for Creation of the Arkansas Access to Justice Commission (Per Curiam) [HTML, WP5.1]

CEREMONIAL OBSERVANCES

In the Matter of the Retirement of Chief Justice W.H. "Dub" Arnold (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Dodson v. State, CR 02-1221 (Per Curiam), Pro Se Motions for Duplication of Substituted Brief at Public Expense and for Appointment of Counsel denied; brief time extended forty days December 18, 2003. [HTML, WP5.1]

Evans v. State, CR 03-1145 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment denied December 18, 2003. [HTML, WP5.1]

Graves v. State, CA CR 00-1059 (Per Curiam), Pro Se Motion for Photocopy of Docket Sheet at Public Expense denied December 18, 2003. [HTML, WP5.1]

Hilderbrand v. Norris, 03-982 (Per Curiam), Pro Se Motion and Amended Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed December 18, 2003. [HTML, WP5.1]

Jackson v. State, CR 03-593 (Per Curiam), Pro Se Motion for Reconsideration dismissed December 18, 2003. [HTML, WP5.1]

Morris v. State, CR 03-1202 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment of Conviction dismissed December 18, 2003. [HTML, WP5.1]

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

03-330. Tom Allen v. Honorable Keith Rutledge, Judge, Kenneth Lavigne, Cynthia M. Lavigne, from Independence Circuit. Reversed and Remanded. Glaze, J., dissents. (16 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-361. Harold Ives Trucking Company v. Mike Pickens, Insurance Commissioner for the State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Arnold, C.J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

02-1332. Benjamin F. Lackey Jr. v. Dana R. Bramblett and William Kellybrew, from Faulkner Circuit. Appeal Dismissed. Arnold, C.J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

02-1214. Dr. George L. Conner III, M.D., Forrest City Family Practice Clinic v. The Honorable L.T. Simes, Judge, on Petition for Writ of Prohibition from St. Francis Circuit. Petition for Writ of Prohibition Denied. Arnold, C.J., and Thornton, J., dissent. (8 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-467. Lynn Carl Middleton and Joyce Middleton, Husband and Wife v. Geraldine Lockhart, Mildred Anderson, Joyce Henson, and Jesse J. Brewer, from Newton Circuit. Affirmed. Arnold, C.J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-1197. William B. Finagin, Gloria L. Finagin, S.G. Leoffler, Jr., Grace H. Leoffler, Severine G. Leoffler, III, Dorothy L. Leoffler, and Red River Aluminum, Inc. v. Arkansas Development Finance Authority, from Lafayette Circuit. Affirmed. (21 PAGES PUBLISHED) [HTML, WP5.1]

03-603. Donald Moses, Administrator of the Estate of Donganell Moses v. Clyde Bridgeman, Jr. and Dorothy Bridgeman, from Jefferson Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-1052. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Affirmed. Arnold, C.J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

03-214. Lamar Neill and Rose Neill v. Nationwide Mutual Fire Insurance Co., from Logan Circuit. Reversed and Remanded. Arnold, C.J., Brown and Thornton, JJ., dissent. (8 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

03-281. Virginia Dovers v. Stephenson Oil Company, Inc. et al., from Pulaski Circuit, Second Division.

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

CR03-1296. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division.

 03-1288. Arkansas River Rights Committee, Inc. et al. v. Echubby Lake Hunting Club, LLC, from Lincoln Circuit.

03-1326. Randall R. Bradford v. Director, Employment Security Department et al., from Board of Review.

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CR02-1026. Patrick Romes v. State of Arkansas, from Pulaski Circuit, Seventh Division. Order to complete record. See per curiam this date. Arnold, C.J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-487. Johnny Dean Johnson v. State of Arkansas, from Stone Circuit. Motion to reinstate or allow appeal, and/or to extend the time to file brief is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-1280. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal is granted. See per curiam this date. Arnold, C.J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1080. Larry Donnell Porter v. State of Arkansas, from Hempstead Circuit. Appellee's motion to dismiss appeal is granted.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Appellees' notice of relief from stay of bankruptcy. Moot.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Notice from appellants, American Bankers Insurance Group et al., of filing notice of removal. Noted.

CA03-258. Wayne Bennett, Sr. et al. v. Lonoke Bancshares, Inc. et al., from Lonoke Circuit. Appellants' motion to certify to the Supreme Court is granted. Thornton and Hannah, JJ., not participating.

03-841. Omni Holding and Development Corporation et al. v. 3D.S.A., Inc., from Crittenden Circuit. Motion to withdraw as counsel for appellants, and for extension of time in which to file a reply brief. Granted 30 days to file reply brief.

CACR00-1059. Samuel Graves v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for photocopy of docket sheet at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1221. Johnny Dodson v. State of Arkansas, from Monroe Circuit. Pro se motions for duplication of substituted brief at public expense and for appointment of counsel. Motions denied; brief time extended forty days. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-593. Michael Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for reconsideration. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1145. Steven Evans v. State of Arkansas, from Jefferson Circuit. Pro se motion for belated appeal of judgment. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1202. Richard D. Morris v. State of Arkansas, from Garland Circuit. Pro se motion for belated appeal of judgment of conviction. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-982. Chad Hilderbrand v. Larry Norris, Director, Arkansas Department of Correction, from Izard Circuit. Pro se motion and amended motion for extension of time to file appellant's brief. Appeal dismissed; motion and amended motion moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

03-979. In Re: Arkansas Bar Association -- Petition for Creation of the Arkansas Access to Justice Commission. See per curiam this date. (9 PAGES PUBLISHED) [HTML, WP5.1]

In the Matter of the Retirement of Chief Justice W.H. "Dub" Arnold. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Since 1997, Chief Justice W.H. "Dub" Arnold has served the Supreme Court and the citizens of the State of Arkansas with distinction as a dedicated and thoughtful jurist. His ready wit and engaging exuberance have made him a companionable colleague and an effective ambassador for the judiciary to the legal profession, the legislature, and the larger community. During his tenure, Chief Justice Arnold left his mark on the cultural history of the Arkansas Supreme Court. He presided over the construction of the Justice Building's architecturally significant West Wing. In addition, he encouraged the establishment of the Arkansas Supreme Court Historical Society to preserve and perpetuate the legacy of this institution.

Chief Justice Arnold has been a tireless champion of the independence of the judiciary, yet his advocacy has never been strident or overbearing. Instead, he has sought to persuade through common sense and good humor. These qualities, along with his abiding love for the judicial system and his earnest desire to maintain its distinctive role, are central to Chief Justice Arnold's life and work. In the words of his favorite poet, Robert Frost: "Only where love and need are one,/And the work is play for mortal stakes,/Is the deed ever really done/For Heaven and the future's sakes."

The Supreme Court salutes Chief Justice Arnold on his retirement from the bench and wishes him happiness and fulfillment in all his future endeavors.

In Re: Supreme Court Committee on Child Support. See per curiam. (Proceedings of December 12, 2003) (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Gary Arnold, Circuit Judge, of Benton, and H.T. Moore, Esq., of Paragould are hereby reappointed to the Supreme Court Committee on Child Support. These are four-year terms, which will expire on November 30, 2007. Michael Lamoureux of Russellville is hereby appointed to the Committee on Child Support for a four-year term to expire on November 30, 2007.

The Court thanks Judge Arnold and Mr. Moore for accepting reappointment and Mr. Lamoureux for accepting appointment to this most important Committee.

The Court expresses its appreciation to the Honorable Jodie Mahony of El Dorado, whose term has expired, for his dedicated service to this Committee.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

 03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District.

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CR03-703. Garrick Ashley v. State of Arkansas, from Jefferson Circuit. Appellant's motion for extension of time to correct brief.

CR03-1379. Terry L. Kuelper v. State of Arkansas, from Benton Circuit. Motion for belated appeal and request for a writ of certiorari.

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, an Original Action. Motion for extension of time to file brief.

02-1349. Guy Moon v. Bill R. Holloway et al., from Desha Circuit, Arkansas City District. Motion to vacate order dismissing appeal.

03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District. Motion to recuse all sitting justices from consideration of petition for rehearing.

03-1249. Bobby Jones v. Phillips County Election Commission, from Phillips Circuit. Appellant's supplemental motion to expedite hearing.