Abernathy v. Adous (Baker, J.) CA03-640
Landlord & tenant — Determination of assignment or sublease; intent of parties governs; parties consistently referred to arrangement as sublease; trial court clearly erred in finding that appellee was assignee; equity should not intervene to prohibit forfeiture of sublease. [HTML, WP5.1]

Carroll v. Arkansas Dep't of Human Servs. (Roaf, J.) CA03-788
Parent & child — Termination of parental rights; failure to secure safe & appropriate housing, to secure stable employment, and appellant's indifference to remedying problems plaguing family was contrary top children's health, safety, and well-being; termination not clearly erroneous; [HTML, WP5.1]

Cincinnati Life Ins. Co. v. Mickles (Robbins, J.) CA03-182
Torts — Outrage; substantial evidence for jury's finding that appellant insurance company's conduct was outrageous; jury's bad-faith verdict against insurer supported by much of same evidence that supported outrage claim; substantial evidence supported jury's deceit verdict against insurer; matter reversed in part where presumptively prejudicial erroneous instruction given; entire case against appellant agent reversed for new trial where only one damage verdict was rendered. [HTML, WP5.1]

Cogburn v. Wolfenbarger (Robbins, J.) CA03-735
Guardian & ward — Finding of incapacity clearly erroneous; professional evaluations did not satisfy statutory requirements; petition for guardianship of estate remanded for further proceedings. [HTML, WP5.1]

King v. Powell (Vaught, J.) CA03-451
Damages — Ornamental or shade trees; appellee produced substantial evidence as to recreational use of property; trial court properly denied appellant's motion for directed verdict; award of punitive damages supported by sufficient evidence; trial court's grant of judgment NOV reversed where jury's verdict on appellants counterclaim was supported by substantial evidence; verdict for appellee supported by more than substantial evidence; judgment NOV regarding prescriptive easement reversed. [HTML, WP5.1]

Surratt v. Surratt (Roaf, J.) CA03-863
Divorce — Military retirement benefits; trial court's enforcement of appellee's rights pursuant to settlement agreement affirmed; property-settlement agreement not construed against appellee because not ambiguous. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Kilgore (Vaught, J.) CA03-397
Negligence — Medical malpractice; simple negligence claim was within jury's comprehension without expert witnesses; appellant's motion for directed verdict properly denied; substantial evidence presented as to elements of negligence claim; appellant attempted to utilize exception to collateral source rule to mitigate damages; trial court's allowing appellee to testify as to amount of prescription bills affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Burnside v. State, CA CR 03-758 (Gladwin, J.), affirmed February 25, 2004. [HTML, WP5.1]

Cooney v. State, CA CR 03-635 (Pittman, J.), affirmed February 25, 2004. [HTML, WP5.1]

Cordell v. State, CA CR 03-797 (Griffen, J.), affirmed February 25, 2004. [HTML, WP5.1]

Davis v. State, CA CR 03-364 (Stroud, C.J.), affirmed February 25, 2004. [HTML, WP5.1]

Hamilton v. McCaughan Props. Ltd. Partnership, CA 03-606 (Crabtree, J.), affirmed February 25, 2004. [HTML, WP5.1]

Huey v. State, CA CR 03-651 (Hart, J.), affirmed February 25, 2004. [HTML, WP5.1]

Jones v. Professional Counseling Assoc., CA 03-776 (Gladwin, J.), affirmed February 25, 2004. [HTML, WP5.1]

Lynch v. State, CA CR 03-783 (Griffen, J.), affirmed February 25, 2004. [HTML, WP5.1]

Porter v. State, CA CR 03-601 (Baker, J.), affirmed February 25, 2004. [HTML, WP5.1]

Thomas v. State, CA CR 03-406 (Vaught, J.), affirmed February 25, 2004. [HTML, WP5.1]

Wineland v. Wal-Mart Stores, Inc., CA 03-842 (Stroud, C.J.), reversed and remanded February 25, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Bailey v. Director of Labor, E 03-330, February 25, 2004.

Cantu v. Director of Labor, E 03-322, February 25, 2004.

Hodges v. Director of Labor, E 03-315, February 25, 2004.

Miller v. Director of Labor, E 03-325, February 25, 2004.

Mimms v. Director of Labor, E 03-324, February 25, 2004.

Moiser v. Director of Labor, E 03-326, February 25, 2004.

Robinson v. Director of Labor, E 03-321, February 25, 2004.

Ross, Vincent E. v. Director of Labor, E 03-313, February 25, 2004.

Ross, Vincent E. v. Director of Labor, E 03-314, February 25, 2004.

Torres v. Director of Labor, E 03-327, February 25, 2004.

Williams v. Director of Labor, E 03-328, February 25, 2004.

Wilson v. Director of Labor, E 03-323, February 25, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-364. Lytrone Dajuan Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Bird and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-842. Stacy Wineland v. Wal-Mart Stores, Inc., from Greene Circuit. Reversed and Remanded. Bird and Vaught, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-635. Edward Dewayne Cooney v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Gladwin and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-651. Terry Lynn Huey v. State of Arkansas, from Washington Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-758. Calvin Burnside v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-776. Mary Jones v. Professional Counseling Associates et al., from Pulaski Circuit. Affirmed. Pittman and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-182. Cincinnati Life Insurance Company and Aon Risk Services, Inc. v. Linda Mickles, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Griffen and Neal, JJ., agree. (19 PAGES PUBLISHED) [HTML, WP5.1]

CA03-735. Charles Cogburn v. Mary Sue Wolfenbarger and Laura Cogburn, from Montgomery Circuit. Reversed and Remanded. Bird, Griffen, Crabtree, and Roaf, JJ., agree. Baker, J., dissents. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-783. Jeffery Lynch v. State of Arkansas, from Miller Circuit. Affirmed. Robbins and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-797. David Cordell and Randall Cordell v. State of Arkansas, from Saline Circuit. Affirmed. Robbins and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-406. Kenneth Bernard Thomas v. State of Arkansas, from Faulkner Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-397. Wal-Mart Stores, Inc. v. John Kilgore and Kelli Ann Kilgore, from Benton Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA03-451. Clay D. King and Patty A. King v. Sandra Powell, from Benton Circuit. Affirmed on Direct Appeal; Reversed on Cross-Appeal. Stroud, C.J., agrees. Bird, J., concurs. (14 PAGES + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-606. Maxine B. Hamilton et al. v. McCaughan Properties Limited Partnership, from Woodruff Circuit. Affirmed. Hart and Roaf, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-601. Grover Wilson Porter v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-640. William and Anne Abernathy v. Abdulazize Adous and Griffith Petroleum, Inc., from Crittenden Circuit. Reversed and Remanded. Bird, Griffen, and Crabtree, JJ., agree. Robbins and Roaf, JJ., dissent. (10 PAGES + 3-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-788. Joyce Carroll and Mark Murphy v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Stroud, C.J., Robbins, Griffen, and Bird, JJ., agree. Baker, J., dissents. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-863. Jerry M. Surratt v. Barbara Joe Surratt, from Faulkner Circuit. Affirmed. Hartand Crabtree, JJ., agree. (11 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).

E03-313. Vincent E. Ross v. Director et al.

E03-314. Vincent E. Ross v. Director et al.

E03-315. Kitty S. Hodges v. Director et al.

E03-321. Arthur J. Robinson, Jr. v. Director et al.

E03-322. Rene Cantu, Sr. v. Director et al.

E03-323. Rodney J. Wilson v. Director et al.

E03-324. James D. Mimms v. Director et al.

E03-325. Jessie L. Miller v. Director et al.

E03-326. Lynn E. Moiser v. Director et al.

E03-327. Ronald D. Torres v. Director et al.

E03-328. Wendy A. Williams v. Director et al.

E03-330. Leroy Bailey v. Director et al.

PER CURIAM ORDERS

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

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. Appellant's motion for additional brief time is granted.

CACR03-302. John Earl Dye v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Phillip A. McGough for attorney's fees is granted. Allowed $1,000.00.

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 is granted.

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 is granted. Allowed $1,000.00.

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 is denied.

CACR03-461. Javanna Sims v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees is granted. Allowed $1,000.00.

CACR03-600. Jason Ray Kelley v. State of Arkansas, from Ashley Circuit. Motion of Christopher W. Hays for attorney's fees is granted. Allowed $1,250.00.

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 is granted. Record to be supplemented within thirty days. Brief due thirty days thereafter.

CACR03-1036. Melvin L. Lacy v. State of Arkansas, from Union Circuit. Appellant's pro se motion to supplement the record is denied.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellant's motion for summary reversal is denied. Remanded to the trial court to reconstruct the record within thirty days. Appellant's brief due thirty days thereafter.

CACR03-1075. Albert Stuart Thomas v. State of Arkansas, from Ashley Circuit. Appellee's motion to dismiss appeal is granted. Pittman, Hart, and Neal, JJ., would deny.

CACR03-1118. Gwen Rena Jarrett v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for additional brief time is granted. Crabtree, J., would grant ten days. Griffen, J., would make this final extension.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Appellee's motion for additional brief time is granted. Final extension. Griffen and Crabtree, JJ., would deny.

CA03-1001. Douglas Ket Manary v. Stephanie Rochelle, from Benton Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would make this final extension. Crabtree, J., would deny.

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 is denied.

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

CA04-160. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit. Appellant's motion for stay upon supersedeas bond is denied without prejudice. See Home Mut. Fire Ins. Co. v. Charles Jones, 62 Ark. App. 182 (1998).

CA04-160. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit. Appellant's motion for stay of execution of writ of assistance is denied.

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

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

CACR03-402. Bobby Russell v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR03-600. Jason Ray Kelley v. State of Arkansas, from Ashley Circuit.

CA03-332. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. (Minor Children)

CA03-332. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. (Arkansas Department of Human Services)

CA03-559. Angela Olsen v. East End School District et al., from Perry Circuit.

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CACR02-1238. Randy Phillips v. State of Arkansas, from Garland Circuit. Motion of Gregg A. Knutson for attorney's fees.

CACR02-1240. Randy Phillips v. State of Arkansas, from Garland Circuit. Motion of Gregg A. Knutson for attorney's fees.

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit. Motion of Dale E. Adams for attorney's fees.

CACR03-352. Timothy G. Milholland, Jr. v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion to file supplemental brief.

CACR03-402. Bobby Russell v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record.

CACR03-928. Shawn Beaird v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR03-1265. Lewita Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Pro se motion of Carl and Terry Foreman to reconsider.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Carl and Terry Foreman to proceed pro se.

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

CA03-753. Bettie Golden, d/b/a MS Carriers et al. v. Bettie Golden, Employee, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA03-1139. Lee C. Matous et al. v. Summit Bank, from Garland Circuit. Appellee's motion to dismiss appeal.

CA03-1141. Foster B. Richardson v. Patricia Tate Jackson, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Appellee's motion to supplement the record.

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

CA03-1241. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division. Appellee's motion under Rule 11 of the Arkansas Rules of Appellate Civil Procedure.

CA03-1318. MedMarc Casualty Insurance Company v. Forest Healthcare, Inc. et al., from Howard Circuit. Motion of separate appellee, the Estate of Eula Thurman, Deceased, for clarification or reconsideration of mandate granting joint motion for stay of execution of judgment.

SUBMISSIONS

CACR03-269. James S. Scott v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-352. Timothy G. Milholland, Jr. and Danny Irwin, Jr. v. State of Arkansas, from Desha Circuit, Arkansas City District.

CA02-1357. Jimmie T. Rickett et al. v. Clara Faye O'Dell et al., from Independence Circuit.

CA03-388. Robert Joseph Buchanan v. Dorene Buchanan, from Pulaski Circuit, Twelfth Division.

CA03-700. John Randall v. George Ward, from Garland Circuit.

CA03-701. Ronald Lee Waterall v. William Rex Waterall, from Garland Circuit.

CA03-782. Kimberly Adametz v. James Adametz, from Pulaski Circuit, Fourteenth Division.

CA03-829. James Crockett v. Counseling Services of Eastern Arkansas, Inc., from Phillips Circuit.

CA03-867. Wilma Machost v. Gerald R. Simkins, from Randolph Circuit.

CA03-892. Miguel Amador v. Amador Contracting, from Workers' Compensation Commission.

CA03-927. Linda K. White v. Remington Arms Company, from Workers' Compensation Commission.

CA03-943. Marie Caffey v. Sanyo Manufacturing Corporation, from Workers' Compensation Commission.

CA03-946. Betty Fletcher v. Baxter County Regional Hospital et al., from Workers' Compensation Commission.

CA03-991. Charlene Lancaster v. Arkansas Department of Human Services, from Pope Circuit.

CA03-1124. Donald Cooper et ux. v. Marcus L. Barnes, from Grant Circuit.

CA03-1293. Christopher Walker v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

E03-118. The Worksource Inc. v. Director et al., from Board of Review.