Arkansas Oklahoma Gas Corp. v. Van Buren (Bird, J.) CA03-541
Municipal corporations — Rights-of-way; private uses allowed if not inconsistent with public use; trial court's decision not clearly erroneous. [HTML, WP5.1]

Billingsley v. Smith (Stroud, C.J.) CA03-778
Commercial law — Instrument in question met statutory definition of check; appellee not liable to appellants for amount of check; summary-judgment grant to appellee affirmed. [HTML, WP5.1]

Hill v. Billups (Neal, J.) CA03-748
Civil procedure — Use of depositions; trial court did not err when it excluded 1999 deposition; matter remanded in part where trial court refused to rule on admissibility of 2003 deposition; appellant failed to demonstrate abuse of discretion. [HTML, WP5.1]

Holt v. State (Gladwin, J.) CACR03-725
Criminal law — Sexual misconduct; statute defining sexual misconduct in effect during time in which appellant's conduct occurred; right result, wrong reason, appellate court will affirm. [HTML, WP5.1]

Quinn-Matchet Partners, Inc. v. Parker Corp., Inc. (Hart, J.) CA03-458
Corporations — Piercing corporate veil; trial court could reasonably conclude appellant failed to meet burden of proving appellee abused corporate form for illegitimate purposes; appellee corporation adhered to corporate formalities; finding that corporation was not in default prior to 1996 not clearly erroneous. [HTML, WP5.1]

Todd v. Arkansas Dep't of Human Servs. (Baker, J.) CA03-493
Parent & child — Appellants found to be accomplices; mother's testimony discredited; circumstantial evidence was sufficient to support conviction for battery of child; parental rights terminated; no error found. [HTML, WP5.1]

SUBSTITUTED OPINION ON GRANT OF PETITION FOR REHEARING

Hyden v. Hyden (Stroud, C.J.) CA03-527

Divorce — Independent contracts for child support not binding on trial court; trial court retains jurisdiction over child-support issues; circumstances materially changed since entry of order; trial court erred in concluding it had no authority to modify order; appellee free to send child to school of choice; appellant not obligated to pay school expenses in excess of amount indicated by child-support chart; appropriate amount of child support to be paid set on de novo review; case remanded for entry of order. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Area Agency on Aging v. Catlett, CA 03-883 (Crabtree, J.), affirmed February 18, 2004. [HTML, WP5.1]

Burchfield v. State, CA CR 02-1191 (Pittman, J.), affirmed February 18, 2004. [HTML, WP5.1]

First Baptist Church of Rose Bud v. Town of Rose Bud, CA 03-629 (Baker, J.), affirmed February 18, 2004. [HTML, WP5.1]

Hayes v. Carroll County Judge, CA 03-806 (Roaf, J.), affirmed February 18, 2004. [HTML, WP5.1]

Hunter v. State, CA CR 02-1036 (Bird, J.), affirmed February 18, 2004. [HTML, WP5.1]

North American Railway Serv. v. Henderson, CA 03-872 (Neal, J.), affirmed February 18, 2004. [HTML, WP5.1]

Nuehring v. State, CA CR 01-1341 (Vaught, J.), affirmed February 18, 2004. [HTML, WP5.1]

Spence v. State, CA CR 03-484 (Robbins, J.), affirmed February 18, 2004. [HTML, WP5.1]

Walker v. State, CA CR 03-722 (Pittman, J.), affirmed February 18, 2004. [HTML, WP5.1]

Weyerhaeuser, Inc. v. McCarley, CA 03-834 (Neal, J.), affirmed February 18, 2004. [HTML, WP5.1]

Williams v. Farmers Ins. Co., CA 03-390 (Pittman, J.), affirmed February 18, 2004. [HTML, WP5.1]

Wright v. State, CA CR 03-441 (Hart, J.), affirmed February 18, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Alexander v. Director of Labor, E 03-319, February 18, 2004.

Brown v. Director of Labor, E 03-307, February 18, 2004.

Chicas v. Director of Labor, E 03-310, February 18, 2004.

Conklin v. Director of Labor, E 03-311, February 18, 2004.

Fitzpatrick v. Director of Labor, E 03-308, February 18, 2004.

Garrett v. Director of Labor, E 03-305, February 18, 2004.

Gross v. Director of Labor, E 03-289, February 18, 2004.

Price v. Director of Labor, E 03-317, February 18, 2004.

Tucker v. Director of Labor, E 03-309, February 18, 2004.

Tyler v. Director of Labor, E 03-320, February 18, 2004.

Watkins v. Director of Labor, E 03-306, February 18, 2004.

Wilson v. Director of Labor, E 03-312, February 18, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-778. James Billingsley and Mary K. Billingsley v. David E. Smith, Special Administrator for the Estate of Samuel Carlson Thomas, Jr. and Samuel Carlson Thomas, III, from Saline Circuit. Affirmed. Bird and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1191. Timothy Burchfield and Debra K. Burchfield v. State of Arkansas, from Drew Circuit. Affirmed. Gladwin and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-722. Georgia Mae Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Neal and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-390. Jack Williams v. Farmers Insurance Company, Inc., from Union Circuit. Affirmed. Neal and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-441. James David Wright v. State of Arkansas, from Garland Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-458. Quinn-Matchet Partners, Inc. v. Parker Corporation, Inc. and E. Richard Parker, Jr., from Faulkner Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-725. Curtis Keith Holt v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-484. Shawn Spence v. State of Arkansas, from Logan Circuit, Southern District. Affirmed. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-1036. Robert Lee Hunter, Jr. v. State of Arkansas, from Garland Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-541. Arkansas Oklahoma Gas Corporation v. City of Van Buren, Arkansas, from Crawford Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-748. John Hill, M.D. v. Anita Billups, Individually and as Next Friend of Stephon Earl Billups, Deceased, from St. Francis Circuit. Affirmed in Part; Remanded in Part. Pittman and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA03-834. Weyerhaeuser, Inc. v. William Doyle McCarley, Joan McCarley, Glennis D. Roberts et al., from Polk Circuit. Affirmed. Robbins and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-872. North American Railway Service v. Carl Henderson, from Workers' Compensation Commission. Affirmed. Robbins and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1341. David Nuehring v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, J., agrees. Neal, J., concurs. (2 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-883. Area Agency on Aging and Risk Management Resources v. Charlene Catlett, from Workers' Compensation Commission. Affirmed. Hart and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-493. Frank Todd and Debra Nelson v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Gladwin, Robbins, and Vaught, JJ., agree. Hart and Neal, JJ., agree in part and dissent in part. (12 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-629. First Baptist Church of Rose Bud, Arkansas et al. v. Town of Rose Bud, Arkansas, from White Circuit. Affirmed. Robbins and Roaf, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-806. Hildred Hayes v. Carroll County Judge and AAC Risk Management Services, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [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).

E03-289. Delores Y. Gross v. Director et al.

E03-305. Carolyn A. Garrett v. Director et al.

E03-306. Charles R. Watkins v. Director et al.

E03-307. Patricia L. Brown v. Director et al.

E03-308. Stephanie S. Fitzpatrick v. Director et al.

E03-309. Vernedia M. Tucker v. Director et al.

E03-310. Carlos Chicas v. Director et al.

E03-311. Jo Ann Conklin v. Director et al.

E03-312. Scottie L. Wilson v. Director et al.

E03-317. Cherry L. Price v. Director et al.

E03-319. Mark E. Alexander v. Director et al.

E03-320. Loyd A. Tyler v. Director et al.

PER CURIAM ORDERS

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

CA03-527. Susan M. Hyden v. James W. Hyden, from Pulaski Circuit, Seventeenth Division. See substituted opinion this date. (11 PAGES PUBLISHED) [HTML, WP5.1]

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

CACR02-1305. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

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

CACR03-275. Glynnis Hankins v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees is granted. Allowed $1,000.00.

CACR03-509. Terry Whittier, Jr. v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $1,250.00.

CACR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's petition for writ of certiorari to complete the record and for brief time is granted.

CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit. Motion of Lea Ellen Fowler to dismiss appeal is denied. Bird, Vaught, and Crabtree, JJ., would grant.

CACR03-1186. Christopher Grayson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CACR04-119. Ruby Jean Matney v. State of Arkansas, from Stone Circuit. Motion of Lynn Lisk to withdraw as counsel for appellant is granted. Pittman, Hart, and Neal, JJ., would deny.

CA03-654. Betty Roach v. PPG Industries, Inc. et al., from Washington Circuit. Joint motion of separate appellees for extension of time to file briefs with supplemental abstract and addendum is granted. Griffen, J., not participating.

CA03-951. David Harris v. City of Fort Smith, Arkansas et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated reply brief is granted. Brief filed this date.

CA03-1283. In the Matter of the Adoption of SCD, a minor, from Polk Circuit. Appellee's motion for additional brief time is granted. Final extension.

CA03-1470. Curt Bean Transport et al. v. Margarita Barbosa, from Workers' Compensation Commission. Appellant's motion for reconsideration of order dismissing appeal is granted. Robbins, J., not participating.

CA04-63. James Bradley Clark v. Entergy Arkansas, Inc. et al., from Pulaski Circuit, Second Division. Appellant's petition for writ of certiorari to complete the record is granted; however, portion of petition directing the Circuit Clerk to copy exhibits is denied.

E03-400. Southwestern Bell v. Director et al., from Board of Review. Appellees' motion to consolidate cases E03-401 through E03-407 and E04-18, E04-19 and E04-20 with this case is denied without prejudice.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. R.S. McCullough is ordered to appear and show cause today at 9:00 a.m.

CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for additional brief time.

CACR03-302. John Earl Dye v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Phillip A. McGough to be relieved as counsel for appellant.

CACR03-302. John Earl Dye v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Phillip A. McGough for attorney's fees.

CACR03-312. Datron L. Johnson, Sr. v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons and Gregory Crain for attorney's fees.

CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CACR03-392. Donnalson Duan Brown v. State of Arkansas, from Saline Circuit. Appellant's pro se motion for suppression and dismissal of 40-year conviction of sentence.

CACR03-461. Javanna Sims v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees.

CACR03-600. Jason Ray Kelley v. State of Arkansas, from Ashley Circuit. Motion of Christopher W. Hays for attorney's fees.

CACR03-737. Melvin Finley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to supplement the record and to stay brief time.

CACR03-950. Stanley Herring v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellant's motion for summary reversal and to stay brief time.

CACR03-1075. Albert Stuart Thomas v. State of Arkansas, from Ashley Circuit. Appellee's motion to dismiss appeal.

CACR03-1118. Gwen Rena Jarrett v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for additional brief time.

CA02-1207. Calvin White v. Arkansas Electric Co-op, Inc. et al., from Workers' Compensation Commission. Appellant's motion to compel.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Appellee's motion for additional brief time.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for writ of mandamus; motion for stay of lower court; and motion to restore visitation pending appeal.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for default judgment.

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

CA03-1237. Willie Clay Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Appellant's pro se motion for appointment of counsel and motion for extension of time to file brief.

CA04-7. David R. Williams et al. v. Golf Cars of Arkansas, Inc., from Pulaski Circuit, Third Division. Appellant's pro se motion to file nonconforming brief.

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division. Appellant's motion to consolidate and for brief time.

CA04-160. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit. Appellant's motion for stay upon supersedeas bond.

E04-38. Pro Transportation, Inc. v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CA03-813. Rose Care, Inc. v. Emmer Coulter, from Pulaski Circuit, Fifth Division. Argued orally.

CACR03-83. Jason J. Gulley v. State of Arkansas, from Clark Circuit.

CACR03-111. Raye Lynn Harrison v. State of Arkansas, from Crawford Circuit.

CACR03-237. Gloria Surae Kincannon v. State of Arkansas, from Pike Circuit.

CACR03-581. William C. Swanigan v. State of Arkansas, from Monroe Circuit.

CACR03-642. Jerry Lee Hall v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-856. Detina Eaton v. State of Arkansas, from Chicot Circuit.

CACR03-1066. Jeffery Lamar Richardson v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CA03-693. William Berry, M.D., P.A. v. Cherokee Village Sewer Association, from Sharp Circuit.

CA03-732. Valerie Williams v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division.

CA03-733. Kimberly Kerr v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division.

CA03-808. Nathaniel Jarrett v. Sol Alman Company, Inc., from Workers' Compensation Commission.

CA03-840. Don Adamson v. Jimmy B. Sims, from Lonoke Circuit.

CA03-877. Racquel Henderson v. Riverside Furniture, from Workers' Compensation Commission.

CA03-887. Carla Browning et al. v. Arkansas Department of Human Services, from White Circuit.

CA03-906. Hank Stell v. Pippen & Sons Contracting, from Workers' Compensation Commission.

CA03-930. Teresa Lynn McConnell v. Jason Anthony McConnell et al., from Scott Circuit.

CA03-993. Suzy Gunderman Morrell v. Arkansas Department of Human Services, from Pope Circuit.

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

E03-261. Anna I. Shermer v. Director et al.

E03-316. Ruthann Gardner v. Director et al.

E03-318. Ruthann Gardner v. Director et al.

E03-329. Kristie Knight v. Director et al.

E03-331. Suzanne Huff v. Director et al.

E03-332. Leah Pell v. Director et al.

E03-335. Calvin Watts v. Director et al.

E03-336. Amy E. Daughhetee v. Director et al.

E03-337. Jackie D. Phillips v. Director et al.

E03-338. Roy E. Oldfield v. Director et al.

E03-339. Patricia A. Jones v. Director et al.

E03-340. Joyce Rose v. Director et al.