Ison Props. v. Wood (Robbins, J.) CA03-501
Venue — Service in particular county; venue permitted in that county by statute; appellant operated business in county where served; trial court correctly denied appellant's motion to dismiss on basis of venue; trial court did not abuse discretion in denying motion to amend pleadings. [HTML, WP5.1]

Jacobs v. Gulf Ins. Co. (Gladwin, J.) CA03-803
Insurance — Uninsured motorist claim; summary judgment affirmed where there was no uninsured motorist or uninsured vehicle involved. [HTML, WP5.1]

Michael v. Keep & Teach, Inc. (Griffen, J.) CA03-978 [Order recalling opinion and dissent of March 31, 2004, delivered April 7, 2004; text not included in this issue.] [HTML, WP5.1]

Phillips v. Arkansas Dep't of Human Servs. (Neal, J.) CA03-622
Parent & child — Termination of parental rights; two options provide outside parameters for when permanency planning hearing may be held; parental rights properly terminated. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Benson v. State, CA CR 03-477 (Vaught, J.), affirmed March 31, 2004. [HTML, WP5.1]

Burris v. Burris, CA 03-310 (Griffen, J.), affirmed March 31, 2004. [HTML, WP5.1]

Camp v. Camp, CA 03-715 (Hart, J.), affirmed March 31, 2004. [HTML, WP5.1]

Carroll v. Arkansas Dep't of Human Servs., CA 03-838 (Pittman, J.), affirmed March 31, 2004. [HTML, WP5.1]

Fletcher v. Baxter County Reg. Hosp., CA 03-946 (Gladwin, J.), affirmed March 31, 2004. [HTML, WP5.1]

Green v. Arkansas Dep't of Human Servs., CA 03-1196 (Baker, J.), affirmed March 31, 2004. [HTML, WP5.1]

Harman v. Kroger, CA 03-882 (Baker, J.), affirmed March 31, 2004. [HTML, WP5.1]

King v. State, CA CR 03-727 (Hart, J.), reversed and dismissed March 31, 2004. [HTML, WP5.1]

Morris v. Morris, CA 03-771 (Gladwin, J.), rebriefing ordered March 31, 2004. [HTML, WP5.1]

Murtha v. Schmidt, CA 03-849 (Crabtree, J.), affirmed March 31, 2004. [HTML, WP5.1]

Smith v. State, CA CR 03-745 (Gladwin, J.), affirmed March 31, 2004. [HTML, WP5.1]

Stone v. Spherion Corp., CA 03-836 (Vaught, J.), affirmed March 31, 2004. [HTML, WP5.1]

Swanigan v. State, CA CR 03-581 (Neal, J.), affirmed in part; reversed and remanded March 31, 2004. [HTML, WP5.1]

Waits v. State, CA CR 03-324 (Neal, J.), affirmed March 31, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Arkansas Neurodiagnostic Center v. Director of Labor, E 03-356, March 31, 2004.

Bray v. Director of Labor, E 03-359, March 31, 2004.

Ford, Michael E. v. Director of Labor, E 03-354, March 31, 2004.

Ford, Michael E. v. Director of Labor, E 03-361, March 31, 2004.

Gray v. Director of Labor, E 03-355, March 31, 2004.

Heflin v. Director of Labor, E 03-362, March 31, 2004.

Hood v. Director of Labor, E 03-352, March 31, 2004.

Phillips v. Director of Labor, E 03-363, March 31, 2004.

Rader v. Director of Labor, E 03-360, March 31, 2004.

Shack v. Director of Labor, E 03-358, March 31, 2004.

Spray v. Director of Labor, E 03-357, March 31, 2004.

Webb v. Director of Labor, E 03-353, March 31, 2004.

JOHN MAUZY PITTMAN, JUDGE:

CA03-838. Joyce Carroll and Mark Murphy v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Robbins and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-727. Patricia Ann King v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Gladwin and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-715. David Camp v. Neva Camp, from Lafayette Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-745. Patrick Duane Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-771. Rhonda Morris (now Smith) v. Robert Newton Morris, from Pope Circuit. Rebriefing Ordered. Hart and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-803. Randle L. Jacobs and Kenneth Williams v. Gulf Insurance Company, from Sebastian Circuit. Affirmed. Pittman, J., agrees. Baker, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA03-946. Betty Fletcher v. Baxter County Regional Hospital and Risk Management Resources, from Workers' Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-501. Ison Properties, LLC v. Chris R. Wood and Debbie C. Wood, d/b/a Greers Ferry Marine & ATV, LLC, from Cleburne Circuit. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-310. Margaret Burris, Randy Burris, Charles Burris and Ricky Wayne Burris v. Y.Z. Burris, Sr., (Deceased) and Ricky Thomas Burris, from Pope Circuit. Affirmed. Hart and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-978. Judy Michael v. Keep & Teach, Inc., from Workers' Compensation Commission. [Order recalling opinion and dissent of March 31, 2004, delivered April 7, 2004.] [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-324. Anthony Waits v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-581. William C. Swanigan v. State of Arkansas, from Monroe Circuit. Affirmed in Part; Reversed and Remanded. Robbins and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-622. Tina Marie Phillips and Billy Don Phillips v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Stroud, C.J., Robbins, Vaught, and Roaf, JJ., agree. Hart, Bird, Griffen, and Crabtree, JJ., dissent. (7 PAGES + 12-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-477. Tyrell Benson v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-836. Alison Stone v. Spherion Corporation and AIG Claim Services, from Workers' Compensation Commission. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-849. Pat Murtha v. Larry Schmidt and Teena Schmidt, from Lonoke Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-882. Sandra Harman v. Kroger, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Crabtree, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1196. Sandra Green and James Earl Green v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Stroud, C.J., and Crabtree, J., 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).

E03-352. Terrie L. Hood v. Director et al.

E03-353. Adriann Webb v. Director et al.

E03-354. Michael E. Ford v. Director et al.

E03-355. Chris Gray v. Director et al.

E03-356. Arkansas Neurodiagnostic Center v. Director et al.

E03-357. Jay R. Spray v. Director et al.

E03-358. Ella L. Shack v. Director et al.

E03-359. Brandalyn K. Bray v. Director et al.

E03-360. Angela M. Rader v. Director et al.

E03-361. Michael E. Ford v. Director et al.

E03-362. Carrie R. Heflin v. Director et al.

E03-363. Dax R. Phillips v. Director et al.

PER CURIAM ORDERS

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

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)

CA03-343. Lyle Swearingen v. Evergreen Lawns and Farmer's Insurance Company, Inc., from Workers' Compensation Commission.

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. Robbins and Roaf, JJ., would grant.

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CACR02-971. Donna Aldridge v. State of Arkansas, from Crawford Circuit. Motion of George R. Spence for attorney's fees is granted. Allowed $1,000.00.

CACR02-974. Christopher Thronebury v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees is granted. Allowed $1,000.00.

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

CACR03-83. Jason J. Gulley v. State of Arkansas, from Clark Circuit. Motion of Steven R. Davis for attorney's fees is granted. Allowed $850.00.

CACR03-642. Jerry Lee Hall v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

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

CACR03-1066. Jeffery Richardson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is granted. Allowed $1,000.00.

CACR03-1427. Chad S. Gondolfi v. State of Arkansas, from Benton Circuit. Appellant's motion to substitute and supplement appeal record is granted. Record due April 12, 2004. Appellant's brief due thirty days thereafter.

CA03-411. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Second Division. Appellant's motion for oral argument is denied.

CA03-412. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Sixth Division. Appellant's motion for oral argument is denied.

CA03-413. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Third Division. Appellant's motion for oral argument is denied.

CA03-790. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit, Thirteenth Division. Appellant's motion for leave to file a substituted addendum within fifteen days is granted. Appellant's reply brief due fifteen days thereafter.

CA03-961. Cumberland Casualty & Surety Company v. Lamar School District, from Johnson Circuit. Appellant's motion for stay is denied without prejudice. See Ark. Code Ann. Section 23-61-111.

CA03-991. Charlene Lancaster v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

CA03-1001. 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 is remanded to the trial court to settle the record within thirty days. Crabtree, J., would deny.

CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Vaught and Crabtree, JJ., would grant thirty days.

CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Vaught and Crabtree, JJ., would grant thirty days.

CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellant's motion for additional brief time is granted. Vaught and Crabtree, JJ., would grant thirty days.

CA03-1099. Mary Linker-Flores et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Appellee's motion for compliance is denied.

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

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

CA03-1293. Christopher Walker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Scott A. Scholl for attorney's fees is granted. Allowed $1,000.00.

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

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

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

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

CA03-1467. Bernice Marks v. London Hampton, Jr., from Jefferson Circuit. 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.

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

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.

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

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

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

CACR03-280. George Arthur Bunn v. State of Arkansas, from Washington 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.

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CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion to file additional points for reversal.

CACR03-111. Raye Lynn Harrison v. State of Arkansas, from Crawford Circuit. Motion of Terry Goodwin Jones for attorney's fees.

CACR03-756. Kelvin Nelson v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion for appointment of counsel.

CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CACR03-1347. Bobby Morris v. State of Arkansas, from Lonoke Circuit. Appellant's motion for additional brief time.

CACR04-163. Daniel John Paluch v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for appointment of counsel.

CACR04-282. Albert Levon Burton v. State of Arkansas, from Arkansas Circuit, Southern District. Motion of Gary J. Barrett to withdraw as counsel for appellant and to substitute C. Daniel Hancock as counsel.

CA03-575. Maggie Young v. The Gastro-Intestinal Center, Inc., from Pulaski Circuit, Second Division. Appellee's motion to supplement the record.

CA03-1318. MedMarc Casualty Insurance Company v. Forest Healthcare, Inc. et al., from Howard Circuit. Motion of appellees, Forest Healthcare, Inc. and Regional Management, Inc., to file belated brief.

CA04-154. GMAC Leasco. Ltd. v. Joe Carter Trucking, Inc. et al., from Saline Circuit. Motion of Joe Carter Trucking, Inc., to correct the record and to stay brief time.

E02-263. Donald Lee Jackson v. Director et al., from Board of Review. Appellant's pro se motion for reconsideration.

SUBMISSIONS

CA03-1064. G. Lee Cranfill, M.D. v. Union Planters Bank, N.A., from Craighead Circuit, Western District. Argued orally.

CACR03-694. Chrissy Gay Fredrickson v. State of Arkansas, from Pope Circuit.

CACR03-702. Curtis Jackson v. State of Arkansas, from Saline Circuit.

CACR03-730. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-944. Marcus Evans v. State of Arkansas, from Chicot Circuit.

CACR03-1011. Cesar Avilla v. State of Arkansas, from Benton Circuit.

CACR03-1032. Sam Davidson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA03-575. Maggie Young v. The Gastro-Intestinal Center, Inc., from Pulaski Circuit, Second Division.

CA03-669. Carl S. Hurst v. Willie B. Dixon, from Phillips Circuit.

CA03-708. WBR Engineering Associates, P.A., et al. v. Edwards Design & Construction, Inc., from Washington Circuit.

CA03-721. Lorna Cagle v. Charles Merkey et ux., from Franklin Circuit, Northern District.

CA03-731. Cynthia Barnes v. Emerson Electric, from Workers' Compensation Commission.

CA03-792. Khan Duc Doan et ux. v. State Automobile Mutual Insurance Company, from Pope Circuit.

CA03-812. James R. Hiett v. Vicki L. Hiett, from Benton Circuit.

CA03-902. Cecil Payton v. Agents Mutual Insurance Company, from Crawford Circuit.

CA03-971. Larry Todd McLaughlin v. Danielle McLaughlin, from Greene Circuit.

CA03-973. Robert Nicholson et ux. v. Dean Wells, from Bradley Circuit.

CA03-1225. Arkansas Department of Human Services v. Versie Burgess et al., from Pulaski Circuit, Third Division.

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

E03-374. Mary H. Collins v. Director et al.

E03-376. Edwina Rucker v. Director et al.

E03-378. Sandra Blodgett v. Director et al.

E03-379. Lou E. Blake v. Director et al.

E03-380. Terrie M. Powell v. Director et al.

E03-383. Cathy J. Jones v. Director et al.

E03-386. Gary Ward v. Director et al.

E03-387. David A. Messenger v. Director et al.

E03-388. Amanda M. Johnson v. Director et al.

E03-389. Wendy R. Hopkins v. Director et al.

E03-390. Curtis Johnson, III v. Director et al.

E03-393. Carl L. Brantley v. Director et al.