Allen v. Allison (Hannah, J.) 03-024
Judgment — Trial court's grant of summary judgment affirmed on claims of conspiracy, violation of rules of professional conduct, outrage, fraud, and breach of warranty; violation of rules of professional conduct may not be used as basis for civil liability; there is no cause of action in Arkansas for breach of warranty to obtain specific result when attorney advises client regarding outcome of case. [HTML, WP5.1]

Bennett v. Lonoke Bancshares, Inc. (Dickey, C.J.) 03-258
Financial institutions — Appellee bank holding company's articles of incorporation contained no provision for cumulative voting; appellants' complaint for declaratory judgment properly dismissed. [HTML, WP5.1]

City of Rockport v. City of Malvern (Brown, J.) 03-855
Municipal corporations — Sewer service; circuit court did not clearly err in concluding that appellant city had not met burden of proof of showing statutory compliance. [HTML, WP5.1]

Manila Sch. Dist. No. 15 v. Wagner (Per Curiam) 03-755
Motions — Motions for stay of proceedings granted; motion to expedite granted. [HTML, WP5.1]

Peters v. State (Per Curiam) CR04-201
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Rhuland v. Fahr (Corbin, J.) 03-766
Actions — Appellant lacked standing to file wrongful-death suit in her capacity as heir; appellant not real party in interest at time she filed original complaint; appellant's amended complaint constituted filing of new action; complaint filed outside applicable limitations period was properly dismissed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Campbell v. State, CR 03-570 (Per Curiam), Pro Se Motion to Proceed In Forma Pauperis granted; writ of certiorari issued March 11, 2004. [HTML, WP5.1]

Davis v. State, CA CR 03-519 (Per Curiam), Pro Se Motion for Extension of Time to File a Pro Se Petition for Review denied; Pro Se Motion to File Over-Length Petition for Review moot March 11, 2004. [HTML, WP5.1]

Green v. State, CR 03-899 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief granted March 11, 2004. [HTML, WP5.1]

Hodges v. Norris, 02-786 (Per Curiam), affirmed March 11, 2004. [HTML, WP5.1]

McDonald, Bufford v. Patterson, CR 04-108 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed; Pro Se Motion for Appointment of Counsel and Petition for Writ of Certiorari moot March 11, 2004. [HTML, WP5.1]

McDonald, Bufford v. Weaver, 04-109 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed, Pro Se Motion for Appointment of Counsel and Petition for writ of certiorari moot March 11, 2004. [HTML, WP5.1]

Rice v. State, CR 03-463 (Per Curiam), affirmed March 11, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

03-258. Wayne Bennett, Sr., Betty Bennett, Wayne Bennett, Jr., Edward M. Bennett, Wayne M. Bennett, Sr. Family Trust v. Lonoke Bancshares, Inc., Neil Bennett, Sr., Neil Bennett, Jr., David Estes, Joe Melton, First State Bank, from Lonoke Circuit. Affirmed. Thornton, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

03-766. Jamie Anne Rhuland, as Administratrix for James Murl Atkinson, Deceased v. Michael Fahr, M.D., from Faulkner Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-855. City of Rockport et al. v. City of Malvern et al., from Hot Spring Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-24. Clifford B. Allen v. Muriel Allison, Pat Merry, George Fitzsimmons, and Gray & Ritter, P.C., from Crittenden Circuit. Affirmed. Glaze, J., concurs. (18 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-463. Joseph Daniel Rice v. State of Arkansas, from Independence Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

02-786. Michael Britt Hodges v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

 CR02-1026. Patrick Romes v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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 REVIEWS DENIED: Petitions for review were denied today in the following cases.

 CR04-143. Donna Aldridge v. State of Arkansas, from Crawford Circuit.

CR04-150. Terry Whittier v. State of Arkansas, from Crittenden Circuit.

04-157. Victoria M. Andrews v. Polk County Humane Society, from Polk Circuit.

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01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Appellants' motion to expedite is granted. Appellants' attorneys' motion for award of additional costs and attorneys' fees and clarification regarding future duties and obligations of counsel for the appellant-class is denied.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion for partial summary judgment and amended exhibit #6 to the motion for partial summary judgment. Motion denied.

CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit. In Re: Q. Byrum Hurst show cause: In light of the reprimand and fine administered by the Supreme Court Committee on Professional Conduct for the same conduct, we decline to hold Mr. Hurst in contempt of court.

CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement abstract and substitute brief. Granted as to substituted brief.

CR03-558. David O. Standridge v. State of Arkansas, from Pope Circuit. Motion to amend appellant's abstract is granted.

CR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Motion for rehearing or clarification is denied.

CR04-201. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-1475. Pole Maintenance Company v. Honorable Ted Capeheart, Judge, from Sevier Circuit. Petitioner's motion to dismiss petition for writ of prohibition is granted.

04-241. Lori A. Mosby v. Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Motion for rule on clerk is denied.

03-755. Manila School District No. 15 v. Charolette Wagner, Jimmy White, Harold Lee Evans, and E.A. Shaneyfelt, from Mississippi Circuit, Chickasawba District. Motion for stay of proceedings; motion to expedite; and motion for removal of judge. Motion for stay granted; motion to expedite granted; briefing ordered. See per curiam this date. Thornton, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-519. Mark R. Davis a/k/a Mark Randal Davis v. State of Arkansas, from Washington Circuit. Pro se motion for extension of time to file a pro se petition for review and pro se motion to file over-length petition for review. Motion for extension of time to file pro se petition for review denied; motion to file over-length petition for review moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-570. Billy Joe Campbell v. State of Arkansas, from Clark Circuit. Pro se motion to proceed in forma pauperis. Motion granted; writ of certiorari issued. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-899. Michael Emmitt Green v. State of Arkansas, from Saline Circuit. Pro se motion for extension of time to file reply brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-108. Bufford McDonald v. Honorable John Patterson, Judge, from Pope Circuit. Pro se motion for rule on clerk to file mandamus petition without record, motion for appointment of counsel, petition for writ of certiorari. Motion for rule on clerk dismissed; motion for appointment of counsel and petition for writ of certiorari moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-109. Bufford McDonald v. Honorable Timothy Weaver, Judge, from Izard Circuit. Pro se motion for rule on clerk to file mandamus petition without record, motion for appointment of counsel, petition for writ of certiorari. Motion for rule on clerk dismissed; motion for appointment of counsel and petition for writ of certiorari moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

 CR02-736. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit.

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PETITIONS FOR REVIEW:

 CR04-208. Marvin L. Thornton v. State of Arkansas, from Jefferson Circuit.

04-168. Calvin D. Dooley v. Automated Conveyor Systems, Inc. et al., from Workers' Compensation Commission.

04-205. Anita Cassidy v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

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CACR03-830. Walter Randy Whitlow v. State of Arkansas, from Greene Circuit. Appellant's motion to transfer to Arkansas Supreme Court.

CR03-1018. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

CR03-1041. Raymond Walters v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief.

CR04-71. Tyree Devon Smith v. Honorable Timothy Davis Fox, Judge, from Pulaski Circuit, Sixth Division. Petitioner's motion to supplement and correct the record.

CR04-71. Tyree Devon Smith v. Honorable Timothy Davis Fox, Judge, from Pulaski Circuit, Sixth Division. Motion to seal original record and petitioner's brief.

03-1382. Mercury Marketing Technologies of Delaware, Inc. et al. v. State of Arkansas ex rel., from Pulaski Circuit, Second Division. Appellee's motion to complete the record.

03-1466. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Appellee's motion to file supplemental brief.

04-234. Lonnie M. Cavender v. St. Vincent Infirmary Medical Center et al., from Pulaski Circuit, Fifth Division. Appellees' motion to dismiss appeal.

04-270. In Re: Arkansas Supreme Court Rule 4-3(i), an Original Action. Petition to amend Arkansas Supreme Court Rule 4-3(I).

SUBMISSIONS

CR03-372. Kirby Coggin v. State of Arkansas, from Craighead Circuit, Western District. Argued orally.

03-678. Northport Health Services, Inc. et al. v. Diane Owens et al., from Washington Circuit.

03-994. Donny G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct.

03-1016. Lyle B. Thompson v. Bank of America, N.A., from Pulaski Circuit, Thirteenth Division.

03-1043. Bonnie (Weiss) Medlin v. Tim Weiss et al., from Polk Circuit.

03-1306. Jane Doe et al. v. Arkansas Department of Human Services et al., from Pulaski Circuit, Second Division.