Dooley v. Automated Conveyor Systems, Inc. (Stroud, C.J.) CA03-459
Workers' compensation — Benefits payable to injured employee; medical expenses paid directly to medical provider are payable to employee; rational basis existed for Ark. Code Ann. § 11-9-411; statute withstood appellant's constitutional challenge. [HTML, WP5.1]

McKinney v. Trane Co. (Bird, J.) CA03-742
Workers' compensation — Employer gleaned no benefit from appellant's activities on break; Commission's finding that injury not compensable affirmed. [HTML, WP5.1]

Olsen v. East End Sch. Dist. (Crabtree, J.) CA03-559
Schools & school districts — Teacher Fair Dismissal Act; decision to terminate within sound discretion of school board; finding that district was not required to have reduction-in-force policy not clearly erroneous; plan to reorganize district & eliminate positions not same as directly voting whether to renew specific teacher's contract. [HTML, WP5.1]

Smith v. City of Fort Smith (Vaught, J.) CA03-530
Workers' compensation — Commission determined that appellant was not performing employment services at time of alleged injury; decision supported by substantial evidence. [HTML, WP5.1]

Trout v. Arkansas Dep't of Human Servs. (Roaf, J.) CA03-332
Parent & child — Termination of parental rights; Trial court found only "eleventh hour" improvements had been made by appellant; appellate court disagreed with finding; statute apparently relied upon applied to permanency planning hearing that had already taken place; reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas Mech. Servs., Inc. v. Jarrett, CA 03-340 (Hart, J.), affirmed January 28, 2004. [HTML, WP5.1]

Cassidy v. Arkansas Dep't of Human Servs., CA 03-582 (Pittman, J.), affirmed January 28, 2004. [HTML, WP5.1]

Eason v. State, CA CR 03-150 (Roaf, J.), affirmed January 28, 2004. [HTML, WP5.1]

Moore v. State, CA CR 03-488 (Griffen, J.), affirmed as modified January 28, 2004. [HTML, WP5.1]

Non-Profit Telemedia, Inc. v. Clark, CA 03-306 (Vaught, J.), reversed and remanded January 28, 2004. [HTML, WP5.1]

Owens v. State, CA CR 03-534 (Neal, J.), affirmed January 28, 2004. [HTML, WP5.1]

Perry v. Arkansas Dep't of Human Servs., CA 03-41 (Hart, J.), affirmed January 28, 2004. [HTML, WP5.1]

Reed v. Arkansas Auctioneer's Lic. Bd., CA 03-472 (Robbins, J.), affirmed January 28, 2004. [HTML, WP5.1]

Russell v. State, CA CR 03-402 (Stroud, C.J.) Substituted published opinion on grant of petition for rehearing delivered April 7, 2004;
appears in syllabus that date. [HTML, WP5.1]

Sims v. State, CA CR 03-461 (Bird, J.), affirmed January 28, 2004. [HTML, WP5.1]

Venis v. State, CA CR 02-920 (Vaught, J.), affirmed January 28, 2004. [HTML, WP5.1]

Walker v. State, CA CR 03-134 (Baker, J.), affirmed January 28, 2004. [HTML, WP5.1]

Yearwood v. Wal-Mart Stores, Inc., CA 03-1028 (Per Curiam), Appellees' Motion to Strike Appellant's Brief denied January 28, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Askew v. Director of Labor, E 03-273, January 28, 2004.

Bartlett v. Director of Labor, E 03-272, January 28, 2004.

Eubanks v. Director of Labor, E 03-176, January 28, 2004.

Grantham v. Director of Labor, E 03-271, January 28, 2004.

Holmes v. Director of Labor, E 03-258, January 28, 2004.

Jackson v. Director of Labor, E 03-259, January 28, 2004.

Luce v. Director of Labor, E 03-274, January 28, 2004.

Parker v. Director of Labor, E 03-121, January 28, 2004.

Rogers v. Director of Labor, E 03-270, January 28, 2004.

Scamardo v. Director of Labor, E 03-264, January 28, 2004.

Ward v. Director of Labor, E 03-262, January 28, 2004.

Westbrook v. Director of Labor, E 03-139, January 28, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-402. Bobby Russell v. State of Arkansas, from Mississippi Circuit. Appeal Dismissed. Hart and Gladwin, JJ., agree. Substituted opinion on grant of petition for rehearing delivered April 7, 2004; appears in syllabus that date. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA03-459. Calvin D. Dooley v. Automated Conveyor Systems, Inc. and Fremont Compensation, from Workers' Compensation Commission. Affirmed. Pittman, Gladwin, and Robbins, JJ., agree. Baker and Roaf, JJ., dissent. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-582. Anita Cassidy v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Affirmed. Neal and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-41. Lakesha Perry v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-340. Arkansas Mechanical Services, Inc. v. Emery Jarrett d/b/a Jarrett Properties et al., from Pulaski Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-472. Robert Reed v. Arkansas Auctioneer's Licensing Board, from Boone Circuit. Affirmed. Baker and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-461. Javanna Sims v. State of Arkansas, from Johnson Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-742. James McKinney v. Trane Company & Travelers Indemnity Company, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (6PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-488. Timothy Ramon Moore v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-534. Donald Owens v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-920. Michael J. Venis v. State of Arkansas, from Benton Circuit. Affirmed. Pittman and Neal, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-306. Non-Profit Telemedia, Inc. and N.P.T. Administrative Services, Inc. v. Fran D. Clark, from Pulaski Circuit. Reversed and Remanded. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-530. Charles Smith v. City of Fort Smith, from Workers' Compensation Commission. Affirmed. Neal and Crabtree, JJ., agree. Bird, J., concurs. Hart and Griffen, JJ., dissent. (7 PAGES + 1-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED ) \[HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-559. Angela Olsen v. East End School District et al., from Perry Circuit. Affirmed. Bird and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-134. Francis Walker v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-150. Henry Frank Eason, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-332. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit. Reversed and Remanded. Hart, Robbins, and Vaught, JJ., agree. Pittman and Bird, JJ., dissent. (12 PAGES + 5-PAGE DISSENT 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).

E03-121. Judy N. Parker v. Director et al.

E03-139. Cathy L. Westbrook v. Director et al.

E03-176. Joyce L. Eubanks v. Director et al.

E03-258. Jacqueline Holmes v. Director et al.

E03-259. Aaron Jackson v. Director et al.

E03-262. Sharon A. Ward v. Director et al.

E03-264. Margaret L. Scamardo v. Director et al.

E03-270. Brenda C. Rogers v. Director et al.

E03-271. Mary J. Grantham v. Director et al.

E03-272. Kathy L. Bartlett v. Director et al.

E03-273. Steven H. Askew v. Director et al.

E03-274. Jerry L. Luce v. Director et al.

PER CURIAM ORDERS

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

CACR02-1001. Glenn E. George v. State of Arkansas, from Garland Circuit. Pittman and Robbins, JJ., would grant.

CA03-604. Herbert Brake v. The Kroger Company, Inc. and CNA Insurance Company, from Workers' Compensation Commission.

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CACR02-774. Fabious Myles v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of John H. Bradley for attorney's fees is granted. Allowed $750.00.

CACR02-1110. Earnest Britman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis for attorney's fees is granted. Allowed $750.00.

CACR02-1139. William Helton v. State of Arkansas, from Sevier Circuit. Motion of Val P. Price for attorney's fees is granted. Allowed $1,000.00.

CACR03-27. Melony Nazaretta and Melissa Debate v. State of Arkansas, from Van Buren Circuit. Joint pro se motion for appointment of new counsel is granted. David Dunagin of Fort Smith is appointed to represent the appellants. Baker, J., not participating.

CACR03-200. Jeff Chandler v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is granted. Allowed $1,000.00.

CACR03-499. Willie Glenn Howard v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $1,000.00.

CACR03-583. Roy Edward Franklin, Jr. v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to file reply brief is denied.

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 and for brief time is granted.

CACR03-1328. Barbara D. Bogard v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief is granted.

CA03-147. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Dale Arnold for attorney's fees is denied. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

CA03-622. Tina Marie Phillips and Billy Don Phillips v. Arkansas Department of Human Services, from Benton Circuit. Motion of the Benton County Public Defender to vacate oral arguments is denied.

CA03-790. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit, Thirteenth Division. Appellant's motion for additional brief time is granted. Gladwin, Griffen, Crabtree, and Roaf, JJ., would make this final extension.

CA03-949. PricewaterhouseCoopers, LLP et al. v. Warmack-Muskogee Limited Partnership, from Miller Circuit. Renewed joint motion to stay appeal or in the alternative, stay the briefing schedule, or in the alternative, for extension of appellant's brief deadline is granted. Appellant's brief due April 12, 2004. Stroud, C.J., not participating.

CA03-1028. Debra Yearwood v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission. Appellees' motion to strike appellant's brief is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1030. Ross E. Brashears v. American International South Insurance Company, from Benton Circuit. Motion of Julia L. Busfield to withdraw as counsel for appellee and to substitute Emily A. Lackey as counsel is granted.

CA03-1349. Tonya M. Smith v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. et al., from Yell Circuit, Southern District. Motion of Michael Lamoureux to be relieved as counsel for appellees, Elmer and Edna Partain, and for brief time is granted. Appellees' brief due March 11, 2004.

MOTIONS SUBMITTED

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellee's motion to withdraw mandate.

CACR00-1402. James Hannah v. State of Arkansas, from Greene Circuit. Appellant's pro se motion to reinstate appeal.

CACR02-1036. Robert Lee Hunter, Jr. v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for disposition of appeal.

CACR02-1340. Barney Allen Barnett v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin, III to substitute Gary W. Potts as counsel for appellant.

CACR03-32. Donald Ghoston v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.

CACR03-71. Phillip Parmley v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for extension of time to request rehearing.

CACR03-437. Daniel Terry Hood v. State of Arkansas, from Prairie Circuit, Northern District. Motion of Jim Petty for attorney's fees.

CACR03-576. Nelson Nimmer v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Gary W. Potts for attorney's fees.

CACR03-588. Terrance N. Baker v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees.

CACR03-650. Clifton Liggins v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Gary W. Potts for attorney's fees.

CACR03-1388. Alexander Stewart v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to consolidate this appeal with CACR03-1389 and for brief time.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division. Appellants' pro se motion to accept reply brief with supplemental addendum.

CA03-1155. Louise A. Henyan et al. v. Richard D. Peek, M.D. et al., from Pulaski Circuit, Second Division. Appellants' motion for additional brief time.

CA03-1241. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to reconsider order granting appellee's motion to file belated brief.

CA03-1292. Robert B. Jerry v. Washington Group International, from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief.

CA03-1390. Tammy Roberts and David Roberts v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion of appellant, Tammy Roberts, to file belated brief.

CA03-1390. Tammy Roberts and David Roberts v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion of appellant, David Roberts, to file belated brief.

CA03-1406. Lois C. Billingsley et al. v. Harvey Smith, Trustee, from White Circuit. Appellant's motion for instruction.

CA03-1470. Curt Bean Transport v. Margarita Barbosa, from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division. Appellant'spetition for writ of certiorari to complete the record and for brief time.

CA04-17. Forsgren, Inc. v. Matlock Electric Company, Inc., from Sebastian Circuit, Fort Smith District. Appellant's motion for supersedeas bond.

CA04-60. Sara J. Mickey v. Arkansas Methodist Hospital et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

SUBMISSIONS

CA03-540. Edgar H. White v. Harold White, from Clark Circuit. Argued orally.

CA03-541. Arkansas Oklahoma Gas Corporation v. City of Van Buren, Arkansas, from Crawford Circuit. Argued orally.

CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit.

CACR01-1341. David Nuehring v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-1176. George Aydelotte v. State of Arkansas, from Conway Circuit.

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit, Eastern District.

CACR03-393. Jimmy Mills v. State of Arkansas, from St. Francis Circuit.

CACR03-478. Frederick Lamont Dillard v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-722. Georgia Mae Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-725. Curtis Keith Holt v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-928. Shawn E. Beaird v. State of Arkansas, from Garland Circuit.

CA03-390. Jack Williams v. Farmers Insurance Company, Inc., from Union Circuit.

CA03-498. Roy C. Minton v. Cheryl J. Minton (Lemoine), from Pulaski Circuit, Seventeenth Division.

CA03-556. Bobby Jett et ux. v. Mortgage Electronic Registration Systems, Inc., from Jefferson Circuit.

CA03-611. Christopher Battishill et ux. v. Arkansas Department of Human Services, from Greene Circuit.

CA03-629. First Baptist Church of Rose Bud, Arkansas v. Town of Rose Bud, Arkansas, from White Circuit.

CA03-653. Carmen Davidson v. Fred J. Davidson, III, from Union Circuit.

CA03-746. Terry Vienna v. Barbara Vienna, from St. Francis Circuit.

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

E03-291. C&H Wholesale Tire Company, Inc. v. Director et al.

E03-292. David Wilson v. Director et al.

E03-293. Sherri Crowder v. Director et al.

E03-294. Jimmie J. Wallace v. Director et al.

E03-295. Eaglecrest Nursing & Rehabilitation Center v. Director et al.

E03-296. Barbara Sikes v. Director et al.

E03-298. John Holmes v. Director et al.

E03-299. Deloris Walton v. Director et al.

E03-300. Gregory Tucker v. Director et al.

E03-302. Judy M. Burton v. Director et al.

E03-303. Willie Johnson v. Director et al.

E03-304. Clifton Huff, Jr. v. Director et al.