Adametz v. Adametz (Bird, J.) CA03-782
Divorce — Marital property; appellant failed to provide evidence of current value of land; trial court erred in deducting overhead expenses in valuing accounts receivable; reversed & remanded on rate of deduction of income taxes from appellant's share of accounts receivable; trial court's finding correct that no child-support agreement based on meeting of minds was reached; independent child-support contracts not binding on trial court. [HTML, WP5.1]

Curley v. Old Reliable Cas. Co. (Robbins, J.) CA03-129
Insurance — Construction of policy language; unambiguous exclusion in policy language; appellees entitled to judgment as matter of law. [HTML, WP5.1]

Delacey v. Delacey (Vaught, J.) CA03-685
Parent & child — Child-support cases; calculating income in case of payor whose income fluctuates accomplished by averaging monthly earnings; issue of calculation of child support remanded for trial court to determine exact amount & legitimacy of deductions in order to recalculate appellant's child-support income; alimony award affirmed; no error in trial court's determination of appellee's earning potential; no error found in division of marital property; award of attorney's fees not abuse of discretion. [HTML, WP5.1]

Ewings v. State (Bird, J.) CACR03-440
Criminal law — Possession of contraband; trial court did not err in denying appellant's directed-verdict motions; sentencing issue could not be raised for first time on appeal where sentence was minimum allowed & not illegal on face; jury's recommendation was not authorized sentence. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bizzell v. Bizzell, CA 03-557 (Stroud, C.J.), affirmed March 24, 2004. [HTML, WP5.1]

Cooper v. Barnes, CA 03-1124 (Pittman, J.), affirmed March 24, 2004. [HTML, WP5.1]

Gillyard v. State, CA CR 03-926 (Roaf, J.), affirmed March 24, 2004. [HTML, WP5.1]

Global Bus. Sol. v. Crossett Sch. Dist., CA03-683 (Neal, J.), affirmed March 24, 2004. [HTML, WP5.1]

Greene County v. Vincent, CA 03-940 (Hart, J.), affirmed March 24, 2004. [HTML, WP5.1]

Miller v. Miller, CA 03-1177 (Crabtree, J.), affirmed March 24, 2004. [HTML, WP5.1]

Millholland v. State, CA CR 03-352 (Stroud, C.J.), affirmed March 24, 2004. [HTML, WP5.1]

Nelson v. State, CA CR 03-756 (Crabtree, J.), affirmed March 24, 2004. [HTML, WP5.1]

Rose Care, Inc v. Coulter, CA 03-813 (Crabtree, J.), affirmed March 24, 2004. [HTML, WP5.1]

Sims v. State, CA CR 03-351 (Robbins, J.), affirmed March 24, 2004. [HTML, WP5.1]

Woods v. State, CA CR 03-1000 (Baker, J.), affirmed March 24, 2004. [HTML, WP5.1]

Worksource, Inc. v. Director, E 03-118 (Pittman, J.), affirmed March 24, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Beason v. Director of Labor, E 03-344, March 24, 2004.

Gregory v. Director of Labor, E 03-275, March 24, 2004.

Gutierrez v. Director of Labor, E 03-350, March 24, 2004.

Harris v. Director of Labor, E 03-349, March 24, 2004.

Horne v. Director of Labor, E 03-342, March 24, 2004.

Lambert v. Director of Labor, E 03-351, March 24, 2004.

Moore v. Director of Labor, E 03-346, March 24, 2004.

Page v. Director of Labor, E 03-341, March 24, 2004.

Patillo v. Director of Labor, E 03-347, March 24, 2004.

Sandlin v. Director of Labor, E 03-343, March 24, 2004.

Sawyer v. Director of Labor, E 03-348, March 24, 2004.

Shafer v. Director of Labor, E 03-345, March 24, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-352. Timothy G. Millholland, Jr. and Danny L. Irwin, Jr. v. State of Arkansas, from Desha Circuit. Affirmed. Bird and Vaught, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-557. Shannon Bizzell v. Kimberly Bizzell, from Pulaski Circuit, Twelfth Division. Affirmed. Crabtree and Baker, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-1124. Donald Cooper and Rose Cooper v. Marcus L. Barnes, from Grant Circuit. Affirmed. Gladwin and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E03-118. The Worksource, Inc. v. Director, Employment Security Department, from Board of Review. Affirmed. Gladwin and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-940. Greene County & AAC Risk Management Services v. Jerry Vincent, from Worker's Compensation Commission. Affirmed. Gladwin and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-351. Chester Arthur Sims v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-129. Bobby Curley v. Old Reliable Casualty Company, from Union Circuit. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-440. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Pittman and Robbins, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA03-782. Kimberly Adametz v. James Adametz, from Pulaski Circuit, Fourteenth Division. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., and Vaught, J., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-683. Global Business Solutions v. Crossett School District, City First Financial, and Summit Bank, from Ashley Circuit. Affirmed. Vaught and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-685. Norbert Delacey v. Martha Delacey, from Craighead Circuit. Affirmed in Part; Reversed and Remanded in Part. Neal and Roaf, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-756. Kelvin Nelson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-813. Rose Care, Inc. d/b/a Rose Care Center of Jacksonville v. Emma Coulter, as the Personal Representative of the Estate of James "Rip" Coulter, Deceased, from Pulaski Circuit. Affirmed. Hart and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1177. Derrell J. Miller v. Tracey Miller, from Columbia Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-1000. Demetrius Leki Woods v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-926. Chad Edward Gillyard v. State of Arkansas, from Faulkner Circuit. Affirmed. Neal and Vaught, JJ., agree. (5 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).

E03-275. Kristie Gregory v. Director et al.

E03-341. Andrea D. Page v. Director et al.

E03-342. Elizabeth Horne v. Director et al.

E03-343. Goldie J. Sandlin v. Director et al.

E03-344. Kelly M. Beason v. Director et al.

E03-345. Peggy J. Shafer v. Director et al.

E03-346. Gwendel Moore v. Director et al.

E03-347. Lucille L. Patillo v. Director et al.

E03-348. Morris L. Sawyer v. Director et al.

E03-349. Caprecia A. Harris v. Director et al.

E03-350. Isidro G. Gutierrez v. Director et al.

E03-351. Dewell H. Lambert v. Director et al.

PER CURIAM ORDERS

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

CACR03-410. Kenneth K. McConnell v. State of Arkansas, from Washington Circuit. Griffen and Roaf, JJ., would grant.

CA03-493. Frank Todd and Debra Nelson v. Arkansas Department of Human Services, from Benton Circuit. Hart, J., would grant.

CA03-806. Hildred Hayes v. Carroll County Judge and AAC Risk Management Services, from Workers' Compensation Commission.

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CACR01-1417. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Motion of Joseph C. Self for attorney's fees is granted. Allowed $1,000.00.

CACR01-1418. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Motion of Joseph C. Self for attorney's fees is granted. Allowed $1,200.00.

CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for additional brief time is granted. Griffen and Neal, JJ., would make this final extension.

CACR03-601. Grover Wilson Porter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Brenna J. Ryan for attorney's fees is granted. Allowed $1,000.00.

CACR03-625. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion for appointment of counsel is denied. Pro se points for reversal have been filed.

CACR03-856. Detina Eaton v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $1,000.00.

CACR03-981. David Clay Garrett, IV v. State of Arkansas, from Benton Circuit. Appellee's motion for additional brief time is granted.

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

CACR03-1126. Mac Arthur Brantley v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time is granted. Brief due April 22, 2004.

CACR03-1167. Kevin Deon Johnson v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to file belated points for reversal is granted. Motion accepted as pro se points for reversal.

CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time is granted.

CACR03-1410. David Franklin Harness, James Lynn Carson, and Danny Amon Lewis v. State of Arkansas, from Stone Circuit. Appellants' motion to supplement the record and to stay brief time is granted.

CACR04-135. Charles Lamont Chew v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CACR04-171. Darren Wayne Hawkins v. State of Arkansas, from Washington Circuit. Appellant's motion to supplement the record is granted. Record deemed supplemented. Appellant's brief due in thirty days.

CACR04-257. Timothy Dale Summers v. State of Arkansas, from Marion Circuit. Motion of John I. Purtle to be relieved as counsel for appellant and for appointment of new counsel is denied without prejudice.

CA03-545. Marcy Cook v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of Anne Orsi Smith for attorney's fees is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

CA03-746. Terry Vienna v. Barbara Vienna, from St. Francis Circuit. Appellant's motion for attorney's fees is denied. Costs assessed on mandate. Gladwin, J., not participating.

CA03-924. McDiarmid's Addition to the City of North Little Rock et al. v. William B. Blevins et al., from Pulaski Circuit, Thirteenth Division. Motion of separate appellees, William S. Robinson and Harriet Robinson, to dismiss appeal is passed until case is submitted. Appellees' brief due April 23, 2004.

CA03-1113. Corina Simpson v. Clarence Simpson, from Franklin Circuit, Northern District. Appellee's motion to dismiss appeal is denied.

CA03-1113. Corina Simpson v. Clarence Simpson, from Franklin Circuit, Northern District. Appellant's motion to file belated supplemental record is granted.

CA03-1134. Robert Fisher et al. v. Robert Kinzalow et al., from Crittenden Probate. Appellee's motion to supplement the record and for brief time is remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.

CA03-1147. E-Z Loader Boat Trailer, Inc. v. Daryl T. Jones, from Workers' Compensation Commission. Appellee's motion for additional brief time is granted. Robbins and Vaught, JJ., would make this final extension.

CA03-1229. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion for additional brief time is granted.

CA03-1254. Unimin Corporation et al. v. Barry Goff et al., from Workers' Compensation Commission. Appellants' motion to correct brief is granted. Substituted brief due in ten days.

CA03-1291. Arkansas State Board of Nursing v. Jody Marie Morrison, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA03-1470. Curt Bean Transport v. Margarita Barbosa, from Workers' Compensation Commission. Resubmission of appellee's motion to dismiss appeal is granted. Robbins, J., not participating.

CA04-29. Steve Grisham v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted.

CA04-138. Carl J. Freeman v. Bruce Rushton et ux., from Columbia Probate. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.

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

CA04-198. Charles Crosser et ux. v. James Henson, from Craighead Probate, Western District. Appellants' motion for expedited consideration and to correct the case style is denied.

E04-63. Paula R. Inmon v. Director et al., from Board of Review. Appellees' motion to remand is granted.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA03-182. Cincinnati Life Insurance Company and Aon Risk Services, Inc. v. Linda Mickles, from Pulaski Circuit, Second Division. (Linda Mickles)

CA03-182. Cincinnati Life Insurance Company and Aon Risk Services, Inc. v. Linda Mickles, from Pulaski Circuit, Second Division. (Cincinnati Life Insurance Company)

CA03-451. Clay D. King and Patty A. King v. Sandra Powell, from Benton Circuit.

CA03-606. Maxine B. Hamilton et al. v. McCaughan Properties Limited Partnership, from Woodruff Circuit.

CA03-640. William and Anne Abernathy v. Abdulazize Adous and Griffith Petroleum, Inc., from Crittenden Circuit.

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CACR02-971. Donna Aldridge v. State of Arkansas, from Crawford Circuit. Motion of George R. Spence for attorney's fees.

CACR02-974. Christopher Thronebury v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees.

CACR02-1058. Anthony C. Malone v. State of Arkansas, from White Circuit. Appellant's motion for additional brief time.

CACR03-83. Jason J. Gulley v. State of Arkansas, from Clark Circuit. Motion of Steven R. Davis for attorney's fees.

CACR03-642. Jerry Lee Hall v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR03-881. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to submit supplemental authorities.

CACR03-1066. Jeffery Richardson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees.

CACR03-1427. Chad S. Gondolfi v. State of Arkansas, from Benton Circuit. Appellant's motion to substitute and supplement appeal record.

CACR03-1436. Marco Adolpho Gonzalez v. State of Arkansas, from Washington Circuit. Appellant's motion for a 90-day continuance or stay to file brief.

CA03-790. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit, Thirteenth Division. Appellant's motion for leave to file a substituted addendum and to stay brief time.

CA03-961. Cumberland Casualty & Surety Company v. Lamar School District, from Johnson Circuit. Appellant's motion for stay.

CA03-991. Charlene Lancaster v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees.

CA03-993. Suzy Gunderman Morrell v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees.

CA03-1001. Douglas Ket Manary v. Stephanie Rochelle, from Benton Circuit. Appellant's petition for writ of certiorari to complete the record and motion for brief time.

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time.

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time.

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time.

CA03-1154. JurisDictionUSA, Inc. v. LoisLaw.Com, Inc. et al., from Crawford Circuit. Appellees' motion to strike new arguments in reply brief.

CA03-1292. Robert B. Jerry v. Washington Group International et al., from Workers' Compensation Commission. Appellant's pro se motion for additional brief time.

CA03-1293. Christopher Walker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Scott A. Scholl for attorney's fees.

CA03-1301. Amanda L. Kelley v. Jason S. Kelley, from Jefferson Circuit. Appellee's motion for additional brief time.

CA03-1318. Medmarc Casualty Insurance Company v. Forest Healthcare, Inc. et al., from Howard Circuit. Appellant's motion to file belated reply brief.

CA03-1333. Lynn Buhr v. Arkansas State Board of Chiropractic Examiners, from Washington Circuit. Appellee's motion to dismiss appeal.

CA03-1405. William R. Fields v. Patrice Anne Fields, from Benton Circuit. Appellee's motion to supplement the record and for brief time.

CA03-1467. Bernice Marks v. London Hampton, Jr., from Jefferson Circuit. Appellant's motion to supplement the record and for brief time.

CA03-1472. Halley P. Joplin v. Janice L. Joplin, from Pope Circuit. Appellee's motion to supplement the record and for brief time.

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

CA04-174. Waste Management of Arkansas, Inc. et al. v. Roll Off Service, Inc. et al., from Washington Circuit. Appellants' motion for extension of brief time and to stay.

CA04-227. Pat Weber v. Best Western of Arkadelphia et al., from Workers' Compensation Commission. Appellant's pro se motion to change case title.

SUBMISSIONS

CA03-418. Elizabeth L. Page v. Lamar T. Anderson, from Washington Circuit. Argued orally.

CA03-1213. Generali - U. S. Branch v. Hector Angel Martinez, from Craighead Circuit, Western District. Argued orally.

CACR03-392. Donnalson Duan Brown v. State of Arkansas, from Saline Circuit.

CACR03-589. Ricky Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR03-620. Omar Hill v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-751. Christopher D. Moffett v. State of Arkansas, from Union Circuit.

CACR03-868. David Timothy Seibs v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-1013. David Allen Franks v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA02-1044. Glenda Miller v. Hometown Propane Gas, Inc., from Faulkner Circuit.

CA03-584. Richard Trott v. Ruth Ann Jones, from Garland Circuit.

CA03-592. Clarence Smith v. City of Fort Smith, from Sebastian Circuit, Fort Smith District.

CA03-598. James E. O'Hern v. Nancy Brown O'Hern, from Sebastian Circuit, Fort Smith District.

CA03-741. Robin Denise Dansby v. Lathaire Wilfred Dansby, from Miller Circuit.

CA03-925. Kimberly Branham v. Kerry Ozment, M. D., from Prairie Circuit, Northern District.

CA03-931. Deborah Munjak v. Town & Country Discount Foods, from Workers' Compensation Commission.

CA03-942. Terry Gibson v. First State Bank of Warren, from Cleveland Circuit.

CA03-964. Brent Gray v. Glen Koons, from Saline Circuit.

CA03-1246. Phillip Chase v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

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

E03-5. Marla G. Mears v. Director et al.

E03-97. Robby L. Harmon v. Director et al.

E03-150. Patricia A. Yancey v. Director et al.

E03-364. Diane A. James v. Director et al.

E03-366. Sherry E. Chwalinski v. Director et al.

E03-367. Beverly J. Robinson v. Director et al.

E03-368. Calvin L. Cunningham v. Director et al.

E03-369. Victoria J. Roby v. Director et al.

E03-370. Moneik L. Campbell-Moore v. Director et al.

E03-371. Fledia Morris v. Director et al.

E03-372. Elizabeth A. Sutton v. Director et al.

E03-373. Eddie D. Mitchell v. Director et al.