Anderson Gas & Propane, Inc. v. Westport Ins. Corp. (Stroud, C.J.) CA03-859
Insurance — Pollution exclusion; summary judgment reversed where language of exclusion was susceptible to more than one reasonable interpretation. [HTML, WP5.1]

Fisher v. State (Roaf, J.) CACR03-323
Trial — Jury requested & allowed to have extraneous information not introduced during trial; no error found. [HTML, WP5.1]

Lewis v. State (Roaf, J.) CACR01-1327
Appeal & error — No objection made a trial; Batson argument not preserved for review. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas Power & Light Co. v. Miller, CA 03-618 (Pittman, J.), affirmed on appeal and cross-appeal January 7, 2004. [HTML, WP5.1]

Barron v. Creative Foods, CA 03-630 (Hart, J.), affirmed January 7, 2004. [HTML, WP5.1]

Gillean v. HealthSouth of Fort Smith, Inc., CA 03-551 (Vaught, J.), affirmed January 7, 2004. [HTML, WP5.1]

Greer v. State, CA CR 03-464 (Griffen, J.), affirmed January 7, 2004. [HTML, WP5.1]

Liggins v. State, CA CR 03-650 (Neal, J.), affirmed January 7, 2004. [HTML, WP5.1]

Miles v. State, CA CR 02-939 (Pittman, J.), affirmed January 7, 2004. [HTML, WP5.1]

Nimmer v. State, CA CR 03-576 (Baker, J.), reversed and remanded January 7, 2004. [HTML, WP5.1]

Phillips v. State, CA CR 03-387 (Bird, J.), affirmed January 7, 2004. [HTML, WP5.1]

Simmons v. State, CA 02-759 (Neal, J.), affirmed January 7, 2004. [HTML, WP5.1]

SLC Inc. v. National Bank of Arkansas, CA 03-358 (Robbins, J.), affirmed January 7, 2004. [HTML, WP5.1]

Washington v. State, CA CR 03-350 (Gladwin, J.), reversed and dismissed in part; affirmed in part January 7, 2004. [HTML, WP5.1]

Williams v. State, CA CR 03-70 (Baker, J.), affirmed January 7, 2004. [HTML, WP5.1]

Zachary v. State, CA CR 03-260 (Hart, J.), reversed and remanded for resentencing January 7, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Bealer v. Director of Labor, E 03-250, January 7, 2004.

Capital Hotel v. Director of Labor, E 03-248, January 7, 2004.

Chatman v. Director of Labor, E 03-241, January 7, 2004.

Cook Jeep Eagle Chrysler v. Director of Labor, E 03-243, January 7, 2004.

Cooper v. Director of Labor, E 03-240, January 7, 2004.

Franke's Cafeteria, Inc. v. Director of Labor, E 03-244, January 7, 2004.

Graham v. Director of Labor, E 03-251, January 7, 2004.

Ludwig-Hayes v. Director of Labor, E 03-239, January 7, 2004.

Sims v. Director of Labor, E 03-245, January 7, 2004.

Smalley v. Director of Labor, E 03-238, January 7, 2004.

Tilley v. Director of Labor, E 03-242, January 7, 2004.

Tolson v. Director of Labor, E 03-237, January 7, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-859. Anderson Gas & Propane, Inc. and Don Anderson v. Westport Insurance Corporation, from Madison Circuit. Reversed and Remanded. Pittman and Bird, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-939. Marlon Detric Miles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Stroud, C.J., and Bird, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-618. Arkansas Power & Light Company v. Ronnie M. Miller, from Workers' Compensation Commission. Affirmed on Appeal and Cross-Appeal. Stroud, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-260. Timothy Zachary v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded for Resentencing. Neal and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-630. Theresa Barron v. Creative Foods and American Interstate Insurance, from Workers' Compensation Commission. Affirmed. Neal and Baker, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-350. Larry Charles Washington v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed in Part; Affirmed in Part. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-358. SLC Incorporated and Steven Conley v. National Bank of Arkansas, from Faulkner Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-387. Robert D. Phillips v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Stroud, C.J., and Pittman, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-464. Keith Allen Greer v. State of Arkansas, from Garland Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-650. Clifton Liggins v. State of Arkansas, from Desha Circuit. Affirmed. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-759. Tommy Simmons v. State of Arkansas, from Pike Circuit. Affirmed. Hart and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-551. Dora Gillean et al., Heirs at Law of Olen Gillean, Deceased v. HealthSouth of Fort Smith, Inc. d/b/a HealthSouth Rehabilitation Hospital of Fort Smith and Bradley M. Short, D.O., from Sebastian Circuit, Fort Smith District. Affirmed. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-70. Billy James Williams v. State of Arkansas, from White Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-576. Nelson Nimmer v. State of Arkansas, from Desha Circuit. Reversed and Remanded. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-323. Gregory Fisher v. State of Arkansas, from Crawford Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (8 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).

E03-237. 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.

PER CURIAM ORDERS

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

 CACR02-1313. Robert S. Hampton v. State of Arkansas, from Ashley Circuit. Crabtree, J., would grant.

CA02-515. James Douglas Dunham v. Mike Doyle and Stephanie Doyle, from Washington Circuit.

CA02-1119. Superior Federal Bank v. George S. Mackey and Jones & Mackey Construction Company, LLC, from Pulaski Circuit, Fifth Division.

CA03-139. Marie Stracener and Teresa O'Neal v. Thomas Williams, M.D., from Sebastian Circuit, Fort Smith District.

CA03-208. Shelley Turner, Administratrix of the Estate of Ricky Turner, Deceased v. Northwest Arkansas Neurosurgery Clinic, P. A., from Washington Circuit.

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 CACR03-113. Christopher Spann v. State of Arkansas, from Chicot Circuit. Motion of Gayle D. Zimmerman for attorney's fees is granted. Allowed $750.00.

CACR03-155. Albert Sims v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for reduction of sentence is denied, but motion being treated as points for reversal.

CACR03-211. Michael Wilson v. State of Arkansas, from Lonoke Circuit. Motion of William A. McLean for attorney's fees is granted. Allowed $1,000.00.

CACR03-230. Peter Thomas v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes for attorney's fees is granted. Allowed $750.00.

CACR03-324. Anthony L. Waits v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion for reconsideration of motion to set appeal bond is denied.

CACR03-395. Jeff Walton v. State of Arkansas, from Howard Circuit. Appellant's pro se motion to file supplemental pro se brief is denied. Hart, Crabtree, and Roaf, JJ., would grant.

CACR03-727. Patricia King v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated reply brief is granted.

CACR03-862. Howard Powell, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for additional brief time is granted.

CACR03-886. John Amason v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted for sixty days. Roaf, J., not participating.

CACR03-986. Marcus Conery v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted for sixty days. Roaf, J., not participating.

CACR03-1078. Jacquoree Lamar Lincoln v. State of Arkansas, from Drew Circuit. Appellants' motion for additional brief time is granted. Crabtree, J., would deny.

CACR03-1221. Jose Armando Flores, Kervin D. Robertson and Alejandro Hinojosa v. State of Arkansas, from White Circuit. Appellants' motion to correct the record and for brief time is granted. Remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

CACR03-1410. David Harness, James Carson and Danny Lewis v. State of Arkansas, from Stone Circuit. Appellants' motion to lodge combined transcript and to file one abstract and brief is granted.

CA02-515. James Douglas Dunham v. Mike Doyle and Stephanie Doyle, from Washington Circuit. Appellant's motion for attorney's fees is denied. Costs to be assessed on mandate.

CA03-505. Matthew Byrd v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $750.00.

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

CA03-901. Arkansas Department of Human Services v. Vickie Mays, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA03-991. Charlene Lancaster v. Arkansas Department of Human Services, from Pope Circuit. Appellee's motion to file belated brief is granted.

CA03-1001. Douglas Ket Manary v. Stephanie Rochelle, from Benton Circuit. Appellant's motion for additional brief time is granted.

CA03-1105. Helen Taylor v. Winnifred Louwanah Cox, from Little River Circuit. Appellee's motion to supplement the record and for additional brief time is granted. Stroud, C.J., not participating.

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

CA03-1183. Gregory Scott Carr v. Anne Douglas and John Millar, from Lonoke Probate. Appellant's motion to file belated brief is granted.

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

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Appellants' motion for stay is denied.

CA03-1404. Ruth Ann Twight v. Mena Medical Center, from Workers' Compensation Commission. Appellant's motion for rule on clerk to lodge transcript is denied.

E03-375. Rhonda L. Johnson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

E03-377. Stacy M. Bonomo v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CACR03-328. Rodney Doubleday v. State of Arkansas, from Van Buren Circuit.

CA03-11. Mark Heptinstall v. Asplundh Tree Expert Company and Reliance National Insurance Company, from Workers' Compensation Commission.

CA03-300. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit.

CA03-462. Dean Tyrer and Angela Tyrer v. Robert Ryan, from Craighead Circuit, Western District.

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

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 CACR96-609. Kirk Luster v. State of Arkansas, from Clark Circuit. Appellant's pro se motion for amended opinion and mandate.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion to clarify.

CACR03-179. James Ricky Glasgow v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees.

CACR03-324. Anthony Waits v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to file supplemental brief.

CACR03-504. Anthony Bens v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of John C. Stratford for attorney's fees.

CACR03-804. Hubert Corbin v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file corrected appellant's brief.

CACR03-1078. Kevin Warnell Green v. State of Arkansas, from Drew Circuit. Motion of G. B. "Bing" Colvin, III to be relieved and to appoint Gayle Zimmerman as counsel for appellant and for brief time.

CA02-515. James Douglas Dunham v. Michael and Stephanie Doyle, from Washington Circuit. Motion of Brenda Horn Austin to withdraw as counsel for appellees.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

CA03-846. Paul Sudmeier v. Bill Wallace, from Washington Circuit. Appellant's motion for additional brief time.

CA03-1064. G. Lee Cranfill, M.D. v. Union Planters Bank, N.A. and Northeast Arkansas Management Company, LLC, from Craighead Circuit, Western District. Motion of appellee, Northeast Arkansas Management Company, LLC, to obtain sealed record.

CA03-1203. Troy Elliott v. Jesse Ray Shepherd, from Crawford Circuit. Appellant's pro se motion to dismiss appeals from interlocutory orders.

CA03-1241. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division. Appellee's motion to file belated brief.

CA03-1299. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appellants' motion to supplement the record; to file nonconforming brief; and for brief time.

CA03-1440. Heath Simmons v. Farm Cat, Inc. et al., from Workers' Compensation Commission. Appellant's motion for rule on clerk to lodge transcript.

SUBMISSIONS

CACR03-410. Kenneth K. McConnell v. State of Arkansas, from Washington Circuit. Argued orally.

CACR03-312. Datron L. Johnson, Sr. v. State of Arkansas, from Hot Spring Circuit.

CACR03-319. Alglister Darnelle Moore v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-379. Jan Dawson Swint v. State of Arkansas, from Garland Circuit.

CACR03-509. Terry Whittier v. State of Arkansas, from Crittenden Circuit.

CACR03-610. Roy Ewing Shirley, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA03-41. Lakesha Perry v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division.

CA03-89. Freddie L. Jackson v. David Houchin, from Jefferson Circuit.

CA03-168. Rosie Collier Harrison v. Willie Davis, from Pulaski Circuit, Tenth Division.

CA03-210. Donna G. Dobbins v. Bryan Dobbins, from Sebastian Circuit, Fort Smith District.

CA03-431. Joey Kent v. USABLE Life, from Conway Circuit.

CA03-472. Robert Reed, Sr. v. Arkansas Auctioneer's Licenses Board, from Boone Circuit.

CA03-528. Christy Pack et al. v. Arkansas Department of Human Services, from Ashley Circuit.

CA03-612. Chevron U.S.A., Inc. v. Murphy Exploration & Production Co., from Union Circuit.

CA03-627. AFPC, Inc. et al. v. R. Scott Wallace, from Pulaski Circuit, Seventh Division.

CA03-736. Charles C. Whitlatch v. Southland Land & Development, from Workers' Compensation Commission.

CA03-742. James McKinney v. Trane Company et al., from Workers' Compensation Commission.

CA03-788. Joyce Carroll et al. v. Arkansas Department of Human Services, from Benton Circuit.