Cranfill v. Union Planters Bank (Pittman, J.) CA03-1064
Business & commercial law — Accommodation party; intention of party is most significant element in determining status; appellant was not accommodation party where he received direct & substantial benefit in release from obligation; trial court correctly construed agreement as creating personal obligation to appellee bank; summary judgment where parties proceeded on same legal theory & same material facts. [HTML, WP5.1]

Harris v. City of Fort Smith (Griffen, J.) CA03-951
Municipal corporations — Informal meetings subject to Freedom of Information Act; succession of one-on-one conversations between city administrator and each member of Board violated "open meetings" provision of FOIA; public disclosure was required by law; reversed & remanded. [HTML, WP5.1]

Hiett v. Hiett (Roaf, J.) CA03-812
Divorce — Alimony; trial court properly based award of future alimony on percentage of appellant's net income; stock options properly included as part of net income for calculation of alimony; lifetime award of alimony affirmed. [HTML, WP5.1]

Jackson v. State (Roaf, J.) CACR03-730
Criminal procedure — Police-citizen encounter; facts did not give rise to reasonable suspicion; facts did not justify stop pursuant to Ark. R. Crim. P. 3.1; officers not acting on tip as basis for suppression; trial court erred in denying motion for suppression; appellant's conduct prior to stop was not indicative of criminal activity; Ark. R. Crim. P. 2.2 did not justify stop & detention; trial court reversed; evidence obtained as immediate & direct result of illegal stop should be suppressed as "fruit of poisonous tree." [HTML, WP5.1]

Machost v. Simkins (Roaf, J.) CA03-867
Jury — Deliberations; juror's affidavit & allegations jury was confused could not be considered where appellant did not allege outside influence; trial court erred in denying motion for new trial where no reasonable juror could have determined appellant suffered only amount of damages awarded; substantial evidence did not support jury's award of lesser amount for medical expenses; reversed & remanded for new trial. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Barnes v. Emerson Electric, CA 03-731 (Crabtree, J.), affirmed April 14, 2004. [HTML, WP5.1]

Cagle v. Merkey, CA 03-721 (Vaught, J.), affirmed April 14, 2004. [HTML, WP5.1]

Cooper v. State, CA CR 03-542 (Pittman, J.), reversed and remanded April 14, 2004. [HTML, WP5.1]

Davidson v. State, CA CR 03-1032 (Griffen, J.), affirmed April 14, 2004. [HTML, WP5.1]

Doan v. State Auto Mut. Ins. Co., CA 03-792 (Baker, J.), affirmed April 14, 2004. [HTML, WP5.1]

Evans v. State, CA CR 03-944 (Hart, J.), affirmed April 14, 2004. [HTML, WP5.1]

Fredrickson v. State, CA CR 03-694 (Neal, J.), affirmed April 14, 2004. [HTML, WP5.1]

McLaughlin v. McLaughlin, CA 03-971 (Robbins, J.), affirmed April 14, 2004. [HTML, WP5.1]

Munjak v. Town & Country Discount Foods, CA 03-931 (Gladwin, J.), affirmed April 14, 2004. [HTML, WP5.1]

O'Hern v. O'Hern, CA 03-598 (Baker, J.), affirmed April 14, 2004. [HTML, WP5.1]

Payton v. Agents Mut. Ins. Co., CA 03-902 (Hart, J.), affirmed in part; reversed in part and remanded April 14, 2004. [HTML, WP5.1]

Rudasill v. Edwards Design & Constr., Inc., CA 03-708 (Neal, J.), dismissed April 14, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Blake v. Director of Labor, E 03-379, April 14, 2004.

Blodgett v. Director of Labor, E 03-378, April 14, 2004.

Brantley v. Director of Labor, E 03-393, April 14, 2004.

Collins v. Director of Labor, E 03-374, April 14, 2004.

Hopkins v. Director of Labor, E 03-389, April 14, 2004.

Johnson, Amanda M. v. Director of Labor, E 03-388, April 14, 2004.

Johnson, Curtis v. Director of Labor, E 03-390, April 14, 2004.

Jones v. Director of Labor, E 03-383, April 14, 2004.

Messenger v. Director of Labor, E 03-387, April 14, 2004.

Powell v. Director of Labor, E 03-380, April 14, 2004.

Rucker v. Director of Labor, E 03-376, April 14, 2004.

Ward v. Director of Labor, E 03-386, April 14, 2004.

JOHN MAUZY PITTMAN, JUDGE:

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Reversed and Remanded. Robbins and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1064. G. Lee Cranfill, M.D. v. Union Planters Bank, N.A. and Northeast Arkansas Management Company, LLC, from Craighead Circuit. Affirmed. Robbins and Bird, JJ., agree. (17 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-944. Marcus Evans v. State of Arkansas, from Chicot Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-902. Cecil Payton v. Agents Mutual Insurance Company, from Crawford Circuit. Affirmed in Part; Reversed in Part and Remanded. Griffen, J., agrees. Gladwin, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-931. Deborah Munjak v. Town & Country Discount Foods and Benchmark Insurance Company, from Workers' Compensation Commission. Affirmed. Hart and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-971. Larry Todd McLaughlin v. Danielle McLaughlin, from Greene Circuit. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-1032. Sam Davidson v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-951. David Harris v. City of Fort Smith et al., from Sebastian Circuit. Reversed and Remanded. Hart and Gladwin, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-694. Chrissy Gay Fredrickson v. State of Arkansas, from Pope Circuit. Affirmed. Vaught and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-708. William Barbour Rudasill, Jr., et al. v. Edwards Design & Construction, Inc., from Washington Circuit. Dismissed. Vaught and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-721. Lorna Cagle v. Charles Merkey and Mary Lou Merkey, from Franklin Circuit. Affirmed. Neal and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-731. Cynthia Barnes v. Emerson Electric and Crawford & Company, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Baker, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-598. James E. O'Hern v. Nancy Brown O'Hern, from Sebastian Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-792. Khan Duc Doan and Min Thi Kim Doan v. State Automobile Mutual Insurance Company et al., from Pope Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-730. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Neal and Vaught, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA03-812. James L. Hiett v. Vicki L. Hiett, from Benton Circuit. Affirmed. Neal and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA03-867. Wilma Machost v. Gerald M. Simkins, from Randolph Circuit. Reversed and Remanded. Hart and Crabtree, JJ., agree. (12 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).

E03-374. 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.

PER CURIAM ORDERS

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

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

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CACR03-374. Marvin L. Thornton v. State of Arkansas, from Jefferson Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $1,000.00.

CACR03-926. Chad Edward Gillyard v. State of Arkansas, from Faulkner Circuit. Motion of Mark Horoda for attorney's fees is granted. Allowed $1,000.00.

CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is denied. Richard H. Young is relieved as attorney of record.

CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Motion of John Wesley Hall, Jr., to be appointed as counsel for appellant is granted.

CACR03-1322. Eric Ferguson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time is granted.

CACR03-1397. Patricia L. Booker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted.

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 is granted. Appellant's brief due in 90 days. Gladwin and Crabtree, JJ., would deny.

CACR04-51. Jerry Shannon Scroggins v. State of Arkansas, from Conway Circuit. Appellant's motion to dismiss appeal is granted.

CACR04-51. Jerry Shannon Scroggins v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal. Moot.

CACR04-135. Charles Chew v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's petition for writ of certiorari to complete the record and to stay briefing schedule is granted. Supplemental record due within thirty days. Appellee's brief due thirty days thereafter.

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 is granted.

CA03-435. Bob Shrable et al. v. Donnie Allison et al., from Lawrence Circuit. Appellants' motion to release exhibits is denied without prejudice.

CA03-481. Tucker Abstract Company v. Fleming Companies, Inc., from Benton Circuit. Joint motion to extend stay of appeal is granted.

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

CA03-1196. Sandra Green et al. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Nancy Edwards Pryor for attorney's fees and costs is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

CA03-1353. Kelly Clark v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

CA04-112. Frederick L. Williams v. Healthcare Services Group et al., from Workers' Compensation Commission. Appellant's pro se petition for writ of certiorari to complete the record is denied.

CA04-160. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit. Appellant's motion for expedited hearing is denied.

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

CA04-216. Sammye A. Ivy v. Raymond M. Ivy, from Faulkner Circuit. Appellant's amended motion for correction or modification of the record and for brief time is granted. Supplemental record due by July 1, 2004. Brief due thirty days thereafter.

The following case is dismissed for failure to file brief.

CA02-1079. Erik Bullock v. Shiwona Pace, from Pulaski Circuit, Sixth Division. Griffen, J., not participating.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR03-440. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA03-940. Greene County and AAC Risk Management Services v. Jerry Vincent, from Workers' Compensation Commission.

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CACR91-319. David C. Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to reinstate appeal and for appointment of counsel.

CACR03-27. Melony Nazaretta and Melissa Debate v. State of Arkansas, from Van Buren Circuit. Appellee's motion to dismiss appeal.

CACR03-589. Ricky Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees.

CACR03-1013. David Allen Franks v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR03-1078. Kevin W. Green v. State of Arkansas, from Drew Circuit. Appellant's motion for additional time to correct brief.

CACR03-1285. James Jesse Lilley v. State of Arkansas, from Crawford Circuit. Appellee's motion for additional brief time.

CACR03-1355. Jimmy Douglas Jefferson v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for additional brief time.

CA03-828. B. S. Brown and Chandler Watkins, d/b/a B&W Partnership v. Dwight E. Blake, from Crittenden Circuit. Appellants/Cross-Appellees' motion to strike cross-appellant's reply brief.

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

CA03-1393. Anthony Mullins v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional brief time.

CA03-1432. Robert Joseph Buchanan et al. v. Dorene Buchanan, from Pulaski Circuit, Twelfth Division. Appellants' motion to correct the record and to stay brief time.

CA04-36. Gwenda Kaye (Wakefield) Sparks v. Joel David Wakefield, from Howard Circuit. Appellant's pro se motion for extension of brief time.

CA04-57. Richard J. Hudson et ux. v. Emile C. Hilo et ux., from Pulaski Circuit, Sixth Division. Appellees' motion to dismiss appeal or, in the alternative, motion for brief time.

CA04-73. Edward Zane Fair et ux. v. LEDC, from Independence Circuit. Appellants' pro se motion to file nonconforming brief.

CA04-184. Bruce Long et al. v. Jack Bonds et al., from Searcy Circuit. Appellants' motion to file belated brief and for brief time.

CA04-199. Sharon McGhee et al. v. Arkansas Board of Check Cashers et al., from Pulaski Circuit, Seventh Division. Motion of Arkansas Federal Credit Union for permission to file amicus curiae brief in support of appellants.

CA04-199. Sharon McGhee et al. v. Arkansas Board of Check Cashers et al., from Pulaski Circuit, Seventh Division. Motion of AARP Foundation for permission to file amicus curiae brief in support of appellants.

CA04-227. Pat Weber v. Shirpat Corporation d/b/a Best Western, et al., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief.

CA04-242. Guy Moon v. Roger D. Hensley et al., from Chicot Circuit. Appellant's pro semotion to vacate.

CA04-253. Erica Suggs Rendon v. Arkansas Department of Human Services, from Pope Circuit. Appellant's motion for additional brief time.

SUBMISSIONS

CA03-692. Robert W. Scott v. Rita C. Scott, from Crittenden Circuit. Argued orally.

CACR03-284. Belinda Gibbons v. State of Arkansas, from Benton Circuit.

CACR03-485. Jason Rogers v. State of Arkansas, from Crittenden Circuit.

CACR03-520. Mark McArthur v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR03-729. Harvey Morris v. State of Arkansas, from Craighead Circuit, Western District.

CACR03-784. Jimmy Harvey v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-809. Tami Thrailkill v. State of Arkansas, from Scott Circuit.

CACR03-1228. Takiyah Monique Kemp v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA03-828. B.S. Brown and C.G. Watkins, d/b/a B&W Partnership v. Dwight E. Blake, from Crittenden Circuit.

CA03-922. Raymond L. Baxley v. Susan B. Baxley, from Garland Circuit.

CA03-990. Doris O. Johnson v. D. Mark McCoy, M.D. et al., from Crawford Circuit.

CA03-1030. Ross E. Brashears v. American International South Insurance Company, from Benton Circuit.

CA03-1052. Leonard Colby Williams v. Babette Williams, from Pope Circuit.

CA03-1053. Jody Wood v. Carolyn Taylor et al., from Columbia Circuit.

CA03-1057. Kirby Arbaugh v. AG Processing, Inc. et al., from Workers' Compensation Commission.

CA03-1087. Barbara Patchell v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

CA03-1191. Amtran Corporation v. J. W. Finley, from Workers' Compensation Commission.

CA03-1302. James Michael Harrison v. Valerie Ann Wood, from Newton Circuit.

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

E03-381. Michael A. Brown v. Director et al.

E03-382. Jackie Robinson v. Director et al.

E03-384. Anthony A. Ajoku v. Director et al.

E03-385. David Bolin v. Director et al.

E03-391. Leon Warren, Sr. v. Director et al.

E03-392. Richard D. Brown v. Director et al.

E03-394. Holsum Baking Company, Inc. v. Director et al.

E03-395. Frank Mayweather, III v. Director et al.

E03-396. Gary L. Wright v. Director et al.

E03-397. Gural Foster v. Director et al.

E03-398. Curtis C. Lederman v. Director et al.

E03-399. Paul M. Little, Jr. v. Director et al.