Lake View Sch. Dist. No. 25 v. Huckabee (Per Curiam) 01-836
Appeal & error — Motion for writ of prohibition, injunctive relief, escrow of public funds, & motion for contempt; responses, briefing, and hearing ordered. [HTML, WP5.1]

AJ&K Operating Co. v. Smith (Brown, J.) 03-232
Temporary restraining order — Remediation did not constitute irreparable harm; circuit court's refusal to modify TRO reversed & remanded. [HTML, WP5.1]

Dupwe v. Wallace (Hannah, J.) 03-594
Estoppel — Judicial estoppel; position was not clearly inconsistent because there was no showing that omission was not one of mistake or inadvertence; failure to offer evidence of intent left genuine issues of material fact in existence; trial court erred in granting summary judgment; justice best served by allowing appellant to pursue suit against appellee. [HTML, WP5.1]

Kuelper v. State (Per Curiam) CR03-1379
Appeal & error — Motion for belated appeal could not be granted where record unclear as to who was counsel of record; matter remanded to settler outstanding issues. [HTML, WP5.1]

Releford v. Pine Bluff Sch. Dist. No. 3 (Glaze, J.) 03-613
Schools & school districts — Fair Hearing Act; substantial-evidence standard; statutory provisions of Ark. Code Ann. § 6-13-620 inapplicable. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Campbell v. Putman, CR 03-1298 (Per Curiam), Pro Se Petition for Writ of Mandamus moot January 8, 2004. [HTML, WP5.1]

Copeland v. State, CR 03-180 (Per Curiam), rebriefing ordered January 8, 2004. [HTML, WP5.1]

Holmes v. Burnett, CR 03-1371 (Per Curiam), Pro Se Petition for Writ of Mandamus moot January 8, 2004. [HTML, WP5.1]

In the Matter of H.A.P. v. Speaker, 03-822 (Per Curiam), Pro Se Motion for Rule on Clerk denied January 8, 2004. [HTML, WP5.1]

Nichols v. Norris, 03-277 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted; Pro Se Motion for Copy of Supplemental Record moot January 8, 2004. [HTML, WP5.1]

Risher v. State, CR 03-311 (Per Curiam), Pro Se Motion for Court to Take Judicial Notice of Newly Discovered Evidence denied January 8, 2004. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-613. Joseph Releford v. Pine Bluff School District No. 3, from Jefferson Circuit. Affirmed. Dickey, C.J., and Imber, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-232. AJ&K Operating Company, Inc. et al. v. Grover Smith et al., from Union Circuit. Reversed and Remanded. Dickey, C.J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-594. Warren E. Dupwe v. Frank G. Wallace and First State Bank et al., from Crittenden Circuit. Reversed and Remanded. Brown and Imber, JJ., concur. Dickey, C.J., not participating. (17 PAGES + 2-PAGE CONCURRENCE + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Motion for belated appeal. Remanded. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, an Original Action. Motion to have respondent/appellant file supplemental abstract is denied; petitioner/appellee granted 60 days to file supplemental abstract and brief.

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

03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District. Granted 5 minute oral argument at 9:00 a.m. on January 15, 2004. Glaze, J., dissents.

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

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Rebriefing Ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-311. Daniel Risher v. State of Arkansas, from Columbia Circuit. Pro se motion for court to take judicial notice of newly discovered evidence. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1298. Roger Dale Campbell v. Honorable John Putman, Judge, from Boone Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1371. Tarsherick Holmes v. Honorable David Burnett, Judge, from Crittenden Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-277. Billy Mack Nichols, Jr. v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motions for extension of time to file appellant's brief and for copy of supplemental record. Motion for extension of time granted, motion for copy of supplemental record moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-822. In the Matter of the Adoption of H.A.P., a Minor, and Tony Pennington v. Brent Charles Speaker, from Sebastian Circuit, Fort Smith District. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-836. Lake View School District No. 25 of Phillips County et al. v. Honorable Mike Huckabee et al., from Pulaski Chancery, Second Division. Responses, briefing, and hearing ordered. See per curiam. Glaze and Corbin, JJ., concur. Imber, J., not participating. (Proceedings of January 7, 2004) (2 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit.

03-420. Greg Hunt v. Nancy Perry, from Yell Circuit, Southern District.

03-434. Cooper Realty Investments, Inc. v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Seventh Division.

03-535. Joy Salmon v. Virginia Atkinson et al., from Pulaski Circuit, Sixth Division.

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PETITIONS FOR REVIEW:

CR03-1330. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit.

CR03-1342. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Circuit, Sixth Division.

03-1321. Paul Swaims et ux. v. Samuel T. Greenway et ux., from Independence Circuit.

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CR02-1087. James Kelley Haynes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to recall mandate.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to stay briefing schedule.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record or for writ of certiorari.

CR03-714. Jimmy Housley v. State of Arkansas, from Marion Circuit. Petition for writ of error coram nobis to reinvest the trial court with jurisdiction to consider an amended Rule 37 petition and to stay Rule 37 appeal during remand.

CR03-818. Jerome Malitan DeAsis v. State of Arkansas, from Benton Circuit. Appellant's motion to stay briefing schedule.

CR03-1174. Douglas Graham v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to reinstate appeal.

CR03-1427. Chad Gondolfi v. State of Arkansas, from Benton Circuit. Motion for extension of time to lodge record.

02-885. Pine Bluff for Safe Disposal et al. v. Arkansas Pollution Control and Ecology Commission et al., from Jefferson Circuit. Request to correct clerical error.

02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion to dismiss appeal.

02-1316. Donna Bailey v. Barbara Rahe, from Pulaski Circuit, Twelfth Division. Motion to strike appellee's brief.

03-414. Arkansas Tobacco Control Board v. Barbara Sitton, from Pulaski Circuit, Second Division. Motion of Arkansas Wholesale Marketers Association to file amicus curiae brief in support of appellant.

03-874. David Ashley Durham et al. v. Harold Marberry et al., from Sharp Circuit. Appellants' motion to expedite.

03-994. Donny G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, an Original Action. Appellant's motion to file belated reply brief.

03-1043. Bonnie (Weiss) Medlin v. Tim Weiss et al., from Polk Circuit. Motion to file belated return of writ of certiorari.

03-1258. Dora Castaneda v. Progressive Classic Insurance Co., from Benton Circuit. Motion to file supplemental brief.

03-1399. Corn Insurance Agency, Inc. et al. v. First Federal Bank of Arkansas, F.A., from Pulaski Circuit, Sixteenth Division. Motion for rule on clerk.

03-1400. Rose Care, Inc. d/b/a Rose Skill Care Nursing Center v. William Franklyn Jones, from Craighead Circuit, Western District. Motion to amend and restate appellant's partial record.

03-1400. Rose Care, Inc. d/b/a Rose Skill Care Nursing Center v. William Franklyn Jones, from Craighead Circuit, Western District. Appellant's amended petition for writ of certiorari to complete the record.

03-1414. Heather Patrice Hogrobrooks v. Board of Law Examiners, an Original Action. Request to proceed in forma pauperis.

03-1415. Elizabeth French v. David Hohn, from Jackson Circuit. Motion for rule on clerk.

03-1421. Lou Ella Benton et al. v. Vickie McHenry et al., from Union Circuit. Motion for rule on clerk.

03-1455. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion to waive filing fee.

03-1456. Arkansas Democrat-Gazette, Inc. v. Honorable Ellen B. Brantley, Judge, from Pulaski Circuit, Sixteenth Division. Motion for accelerated proceedings.

03-1456. Arkansas Democrat-Gazette, Inc. v. Honorable Ellen B. Brantley, Judge, from Pulaski Circuit, Sixteenth Division. Petition for writ of certiorari and for temporary relief.

03-1456. Arkansas Democrat-Gazette, Inc. v. Honorable Ellen B. Brantley, Judge, from Pulaski Circuit, Sixteenth Division. Motion for extension of time to file response.

03-1458. In Re: Walter Kendel, Jr., Arkansas Bar ID #88122, an Original Action. Petition for surrender of license.

SUBMISSIONS

02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Argued orally.

CR03-178. State of Arkansas v. Damon Fuson, from Carroll Circuit, Eastern District.

CR03-425. Tremain Lacy v. State of Arkansas, from Miller Circuit.

CR03-628. Richard Turner v. State of Arkansas, from Washington Circuit.

CR03-819. Justin Porter v. State of Arkansas, from Baxter Circuit.

02-1316. Donna Bailey v. Barbara Rahe, from Pulaski Circuit, Twelfth Division.

03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District.

03-503. Estate of Sharon Leann Hull v. Union Pacific Railroad Company, from Conway Circuit.