Arkansas Okla. Gas Corp. v. Boggs (Robbins, J.) CA03-956
Eminent domain — Appellee's opinion of overall reduction in value of his parcel or of value of acres taken from him allowed; no abuse of discretion found; testimony offered by both parties was within permissible limits of Arkansas law; comparable sales relied upon by expert used solely to adjust value of acres that bordered highway; no abuse of discretion in trial court's refusal to strike testimony. [HTML, WP5.1]

Payne v. State (Stroud, C.J.) CACR03-912
Criminal law — Theft of property; requisite force found to sustain conviction for robbery; sufficient physical force used here; robbery conviction affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Avila v. State, CA CR 03-1011 (Gladwin, J.), affirmed April 21, 2004. [HTML, WP5.1]

Buchanan v. Buchanan, CA 03-388 (Griffen, J.), reversed April 21, 2004. [HTML, WP5.1]

Cato Corp. v. Phillips Investments, Inc., CA 03-1047 (Per Curiam), rebriefing ordered April 21, 2004. [HTML, WP5.1]

Corbin v. State, CA CR 03-804 (Griffen, J.), affirmed April 21, 2004. [HTML, WP5.1]

Hanna v. Glover, CA 03-939 (Griffen, J.), reversed and remanded April 21, 2004. [HTML, WP5.1]

Hawkins v. State, CA 03-1096 (Neal, J.), affirmed April 21, 2004. [HTML, WP5.1]

Herzog v. Glover, CA 02-796 (Bird, J.), affirmed April 21, 2004. [HTML, WP5.1]

Hutchinson v. Arkansas Prof'l Bail Bondsman Lic. Bd., CA 03-1097 (Baker, J.), affirmed April 21, 2004. [HTML, WP5.1]

McAdams v. Lipscomb, CA 03-1241 (Stroud, C.J.), affirmed in part; reversed in part April 21, 2004. [HTML, WP5.1]

Moore v. Moore, CA 03-152 (Crabtree, J.), affirmed April 21, 2004. [HTML, WP5.1]

NPC Inter., Inc. v. Hill, CA 03-890 (Hart, J.), affirmed and remanded April 21, 2004. [HTML, WP5.1]

Peppers v. State, CA CR 02-1100 (Roaf, J.), affirmed April 21, 2004. [HTML, WP5.1]

Perkins v. Arkansas Dep't of Human Servs., CA 03-908 (Gladwin, J.), affirmed April 21, 2004. [HTML, WP5.1]

Reap v. Automation Sys., Inc., CA 03-229 (Roaf, J.), affirmed April 21, 2004. [HTML, WP5.1]

Roddy v. State, CA CR 03-802 (Bird, J.), affirmed April 21, 2004. [HTML, WP5.1]

Sikes v. Georgia-Pacific Corp., CA 03-1114 (Vaught, J.), affirmed on direct appeal; cross-appeal moot April 21, 2004. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-912. John Payne, III v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Pittman and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1241. B. J. McAdams v. J. D. Lipscomb, from Pulaski Circuit, Seventh Division. Affirmed in Part; Reversed in Part. Pittman and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-890. NPC International, Inc., d/b/a Pizza Hut of West Helena v. Sylvia Hill et al., from Phillips Circuit. Affirmed and Remanded. Vaught and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-1011. Cesar Avila v. State of Arkansas, from Benton Circuit. Affirmed. Hart and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-908. April Perkins v. Arkansas Department of Human Services, from Washington Circuit, Juvenile Division. Affirmed. Bird and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-956. Arkansas Oklahoma Gas Corporation v. Glenn Boggs and Ina Boggs, from Scott Circuit. Affirmed. Neal and Crabtree, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-802. Andre Antonio Roddy v. State of Arkansas, from Phillips Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-796. John Herzog, Sr., M.D. v. Thomas Glover, from Jefferson Circuit. Affirmed. Gladwin, J., agrees. Roaf, J., concurs. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-804. Hubert Corbin v. State of Arkansas, from Jefferson Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-388. Robert Joseph Buchanan v. Dorene Buchanan, from Pulaski Circuit. Reversed. Neal, J., agrees. Robbins, J., concurs. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-939. Albert Hanna v. George Glover and Greg Glover, from Union Circuit. Reversed and Remanded. Stroud, C.J., and Pittman, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-1096. Broderick Hawkins v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-1114. John Sikes v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Affirmed on Direct Appeal; Cross-Appeal Moot. Hart and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-152. Robert Samuel Moore v. M. Elaine Moore and Henry Moore, from Pope Circuit. Affirmed. Robbins and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-1097. Stuart Hutchinson v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit. Affirmed. Hart and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit. Affirmed. Gladwin and Bird, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-229. David Reap v. Automation Systems, Inc. and American National Insurance Company, from Workers' Compensation Commission. Affirmed. Gladwin and Bird, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA03-1047. Cato Corporation v. Phillips Investments, Inc., from Mississippi Circuit. Rebriefing Ordered. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

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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 is denied.

CACR03-71. Phillip Parmley v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for extension of time to file belated petition for rehearing is granted.

CACR03-589. Ricky Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is granted. Allowed $1,000.00.

CACR03-1013. David Allen Franks 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.

CACR03-1078. Kevin W. Green v. State of Arkansas, from Drew Circuit. Appellant's motion for additional time to correct brief is granted. Corrected brief due May 4, 2004.

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

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

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

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 is granted. Corrected record due in thirty days. Appellant's brief due thirty days thereafter. Roaf, J., not participating.

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

CA04-57. Richard J. Hudson et ux. v. Emile Hilo et ux., from Pulaski Circuit, Sixth Division. Appellees' motion to dismiss appeal is denied. Appellee's brief due in thirty days. Crabtree, J., would grant motion to dismiss.

CA04-73. Edward Zane Fair et ux. v. LEDC, from Independence Circuit. Appellants' pro se motion to file nonconforming brief is denied. Appellant's conforming brief due in thirty days.

CA04-184. Bruce Long et al. v. Jack Bonds et al., from Searcy Circuit. Appellants' motion to file belated brief and for brief time is granted. Appellant's brief due on June 1, 2004.

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 is granted.

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 is granted.

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 is denied. Appellant to file conforming brief within thirty days.

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

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

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CACR03-71. Phillip Parmley v. State of Arkansas, from Garland Circuit.

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CACR03-392. Donnalson Duan Brown v. State of Arkansas, from Saline Circuit. Motion of Phyllis J. Lemons for attorney's fees.

CACR03-464. Keith Allen Greer v. State of Arkansas, from Garland Circuit. Motion of Mark Horoda for attorney's fees.

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Motion of Scott Bles for attorney's fees.

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.

CACR04-314. Tobias L. Harris v. State of Arkansas, from Little River Circuit. Motion of Erik T. Bishop to be relieved as counsel for appellant and to appoint Alvin Schay as substitute counsel.

CA03-685. Norbert William Delacey v. Martha Ellen Delacey, from Craighead Circuit, Western District. Motion of Northeast Arkansas Clinic, P.A., to seal portion of record and to redact confidential information contained within opinion.

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

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Appellant's motion for closed oral arguments.

CA03-1367. James William Blackmon v. Carolyn Ann Blackmon, from Perry Circuit. Appellant's motion for additional brief time.

CA04-211. Bob Scott et al. v. The Estate of Lyllah Mae Prendergast, Deceased, from Benton Probate. Appellants' petition for writ of certiorari to complete the record and motion for brief time.

CA04-227. Pat Weber v. Shirpat Corporation d/b/a Best Western et al., from Workers' Compensation Commission. Appellant's pro se motion for reconsideration of case titles.

CA04-249. Rose Lee v. Tyson Foods, Inc. et al., from Workers' Compensation Commission. Appellant's motion to remand to correct the record and motion to stay brief time.

CA04-317. Kevin Shotzman et al. v. Mike Berumen III, M.D. et al., from Sebastian Circuit, Fort Smith District. Appellants' motion to remand.

CA04-358. Angelia Hackelton et al. v. Mark J. Malloy, M.D. et al., from Monroe Circuit. Motion of appellee, Dennis Yelvington, M.D., to dismiss appeal.

CA04-371. Tammie Smith v. Helen Johnson, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CA04-376. North Little Rock School District v. Louene Lipsmeyer et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss belated appeal.

CA04-412. Jacquelyn Karschner v. Rusty Karschner, from Jackson Circuit. Motion of Lohnes T. Tiner to withdraw as counsel for appellant and for substitution of counsel.

SUBMISSIONS

CACR02-830. Gary J. Roberts v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR03-623. Tyrell Benson v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-656. Zachary Charles Jordan and Lashondra D. Click v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-658. Richard Price v. State of Arkansas, from Grant Circuit.

CACR03-1042. Hayden Wayne Hutchens v. State of Arkansas, from Faulkner Circuit.

CACR03-1063. Preston Ray Strickland v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA03-222. Consumer Utilities Rate Advocacy Division v. Arkansas Public ServiceCommission, from Public Service Commission.

CA03-359. James D. Johnson v. Janey R. Johnson, from Benton Circuit.

CA03-411. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Second Division.

CA03-412. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Sixth Division.

CA03-413. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Third Division.

CA03-666. Terry Richardson v. Arkansas Department of Human Services, from Jefferson Circuit.

CA03-676. Stephanie Miller v. Ronnie Joiner, from Greene Circuit.

CA03-786. William Lloyd Evans v. Marie M. Evans, from Crawford Circuit.

CA03-1044. James Andrews et al. v. Air Evac EMS, Inc. et al., from Benton Circuit.

CA03-1109. John E. Kelley v. Buildings, Inc. et al., from Workers' Compensation Commission.

CA03-1111. Pattie Wilson v. Magness Oil Company et al., from Workers' Compensation Commission.

CA03-1262. Katrina Kosobucki et al. v. Arkansas Department of Human Services, from Logan Circuit, Southern District.

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

E03-408. Latonia Grimes-Gipson v. Director et al.

E03-409. Danny W. Brubaker v. Director et al.

E03-410. John P. Fricks v. Director et al.

E04-2. Danny Wall v. Director et al.

E04-3. Walter M. McClure v. Director et al.

E04-4. Richard McNeill v. Director et al.

E04-5. Stacey Patterson v. Director et al.

E04-7. Cassandra F. Ford v. Director et al.

E04-8. Mandy M. Draper v. Director et al.

E04-9. Tiffanie Bowden v. Director et al.

E04-10. Melinda J. Whale v. Director et al.

E04-11. Winston Henry v. Director et al.