Arkansas Dep't of Human Servs. v. Burgess (Bird, J.) CA03-1225
Administrative law & procedure — Appellee husband never notified that his name had been placed on child-maltreatment central registry; request for hearing not untimely; appellee denied administrative hearing; ALJ's order reversed & case remanded for rehearing; doctrine of issue preclusion inapplicable; not clear that issue of child's abandonment by appellees was actually litigated. [HTML, WP5.1]

Brown v. Blake (Vaught, J.) CA03-828
Landlord & tenant — Party making annexation expressed clear intent to treat building as chattel; trial court did not clearly err in holding that it was not a fixture; appellant's building clearly converted; appellee liable for damages; award of damages not clearly erroneous; award of punitive damages not clearly erroneous. [HTML, WP5.1]

Dixon v. Salvation Army (Roaf, J.) CA03-843
Workers' compensation — Waiver of benefits by employee is void; appellant provided direct benefit to appellee; appellant was supervised & under direct control of appellee; agreement signed by appellant did not waive status as employee; reversed & remanded for award of benefits. [HTML, WP5.1]

Morris v. State (Hart, J.) CACR03-729
Search & seizure — Warrantless search & seizure of garbage from curbside container not violative of Ark. Const. Art. 2, § 15; appellants had no reasonable expectation of privacy in trash exposed to public; not subject of Fourth Amendment protection. [HTML, WP5.1]

Rickett v. O'Dell (Gladwin, J.) CA02-1357
Adverse possession — Presumption that subsequent possession is permissive where original use and possession is permissive; no evidence that either deceased or appellees held land adversely; trial court erred in finding that appellees had acquired property by adverse possession. [HTML, WP5.1]

Scott v. Scott (Crabtree, J.) CA03-692
Divorce — Marital property; appellant's disability benefits not for personal injury; second prong of test not met; disability policy determined to be marital property; testimony conflicting as to whether parties intended gift or sale of land; appellate court deferred to trial court's finding that gift was intended; appellee failed to meet burden of showing that land was not marital property; trial court reversed; property division significantly reversed; lack of alimony award reversed for reconsideration. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Amtran Corp. v. Finley, CA 03-1191 (Neal, J.), affirmed April 28, 2004. [HTML, WP5.1]

Carter v. City of Fort Smith, CA CR 03-416 (Gladwin, J.), affirmed April 28, 2004. [HTML, WP5.1]

Harrison v. Wood, CA 03-1302 (Bird, J.), affirmed April 28, 2004. [HTML, WP5.1]

Harvey v. State, CA CR 03-784 (Robbins, J.), affirmed April 28, 2004. [HTML, WP5.1]

Johnson v. McCoy, CA 03-990 (Pittman, J.), affirmed April 28, 2004. [HTML, WP5.1]

Kemp v. State, CA CR 03-1228 (Roaf, J.), affirmed April 28, 2004. [HTML, WP5.1]

McArthur v. State, CA CR 03-520 (Baker, J.), affirmed April 28, 2004. [HTML, WP5.1]

Moffett v. State, CA CR 03-751 (Pittman, J.), affirmed April 28, 2004. [HTML, WP5.1]

Rogers v. State, CA CR 03-485 (Crabtree, J.), rebriefing ordered April 28, 2004. [HTML, WP5.1]

Stamps v. Wallis, CA 03-811 (Per Curiam), dismissed April 28, 2004. [HTML, WP5.1]

Thrailkill v. State, CA CR 03-809 (Neal, J.), affirmed April 28, 2004. [HTML, WP5.1]

Wood v. Taylor, CA 03-1053 (Robbins, J.), affirmed April 28, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Ajoku v. Director of Labor, E 03-384, April 28, 2004.

Bolin v. Director of Labor, E 03-385, April 28, 2004.

Brown, Michael A. v. Director of Labor, E 03-381, April 28, 2004.

Brown, Richard D. v. Director of Labor, E 03-392, April 28, 2004.

Foster v. Director of Labor, E 03-397, April 28, 2004.

Holsum Baking Co. v. Director of Labor, E 03-394, April 28, 2004.

Lederman v. Director of Labor, E 03-398, April 28, 2004.

Little v. Director of Labor, E 03-399, April 28, 2004.

Mayweather v. Director of Labor, E 03-395, April 28, 2004.

Robinson v. Director of Labor, E 03-382, April 28, 2004.

Warren v. Director of Labor, E 03-391, April 28, 2004.

Wright v. Director of Labor, E 03-396, April 28, 2004.

JOHN MAUZY PITTMAN, JUDGE:

CACR03-751. Christopher D. Moffett v. State of Arkansas, from Union Circuit. Affirmed. Robbins and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-990. Doris O. Johnson v. D. Mark McCoy, M.D., et al., from Crawford Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-729. Harvey Morris and Donna Morris v. State of Arkansas, from Craighead Circuit. Affirmed. Vaught and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-416. Deneice Carter v. City of Fort Smith, from Sebastian Circuit. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1357. Jimmie Thompson Rickett and David Lynn Rickett v. Clara Faye O'Dell and Fred O'Dell, et al., from Independence Circuit. Reversed and Remanded. Pittman, Robbins, Griffen, and Neal, JJ., agree. Baker, J., dissents. (8 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-784. Jimmy Harvey v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Neal and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1053. Jody Wood v. Carolyn Taylor and Chance Thornton, from Columbia Circuit. Affirmed. Neal and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-1225. Arkansas Department of Human Services v. Versie Burgess and James Burgess, from Pulaski Circuit. Affirmed. Pittman, J., agrees. Robbins, J., concurs. (11 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA03-1302. James Michael Harrison v. Valerie Ann Wood, from Newton Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-809. Tami Thrailkill v. State of Arkansas, from Scott Circuit. Affirmed. Crabtree, J., agrees. Robbins, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1191. Amtran Corporation v. J. W. Finley, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-828. B.S. Brown and C.G. Watkins, d/b/a B&W Partnership v. Dwight E. Blake, from Crittenden Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Hart and Baker, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-485. Jason B. Rogers v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Robbins and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-692. Robert Scott v. Rita Scott, from Crittenden Circuit. Affirmed in Part and Reversed and Remanded in Part on Direct Appeal and Cross-Appeal. Robbins and Neal, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-520. Mark McArthur v. State of Arkansas, from Mississippi Circuit. Affirmed. Hart and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-1228. Takiyah Monique Kemp v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-843. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission. Reversed and Remanded. Neal and Vaught, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA03-811. Neta Sue Stamps and Norma Lou Sims v. Mary Ethel Wallis, Thomas J. Wallis, and Dianne Wallis, from Carroll Circuit. Dismissed. (2 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).

E03-381. 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.

PER CURIAM ORDERS

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

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

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

CACR03-27. Melony Nazaretta and Melissa Debate v. State of Arkansas, from Van Buren Circuit. Appellants' motion to file belated brief is granted.

CACR03-392. Donnalson Duan Brown v. State of Arkansas, from Saline Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $1,000.00.

CACR03-464. Keith Allen Greer v. State of Arkansas, from Garland Circuit. Motion of Mark Horoda for attorney's fees is denied. See Rules of Supreme Court 6-6(c).

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Motion of Scott Bles for attorney's fees is granted. Allowed $1,200.00.

CACR04-163. Daniel John Paluch v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for appointment of counsel is granted. Mr. Mark Horoda is appointed to represent the appellant. Brief due June 7, 2004.

CACR04-163. Daniel John Paluch v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Milton A. DeJesus to be relieved or substituted as appellate counsel is granted.

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 granted. Mr. David Bowden is appointed to represent the appellant. Brief due June 7, 2004.

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 is granted. Brief due June 7, 2004.

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 is denied.

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 is moot. See opinion this date.

CA03-940. Greene County and AAC Risk Management Services v. Jerry Vincent, from Workers' Compensation Commission. Appellant's motion to stay petition for rehearing pending outcome of joint petition is denied.

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 is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

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

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Appellant's motion for closed oral arguments is denied. See In Re Adoption of K.F.H. and K.F.H., 310 Ark. 53, 834 S.W.2d 647 (1992).

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

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 is granted.

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

CA04-249. Rose Lee v. Tyson Foods, Inc., from Workers' Compensation Commission. Appellant's motion to remand to correct the record and motion to stay brief time is granted. Corrected record due in thirty days. Appellant's brief due 30 days thereafter.

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 is granted.

CA04-371. Tammie Smith v. Helen Johnson, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is denied. Stroud, C.J., and Hart, J., would pass untilcase is submitted.

CA04-376. North Little Rock School District v. Louene Lipsmeyer et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss belated appeal is granted only as to order dated September 2, 2003.

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

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA03-882. Sandra Harman v. Kroger, from Workers' Compensation Commission.

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CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Appellant's pro se motion to be transported for contempt proceedings.

CACR03-352. Timothy G. Millholland, Jr. and Danny L. Irwin, Jr. v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Timothy W. Bunch for attorney's fees on behalf of appellant, Danny L. Irwin, Jr.

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Motion of Scott Bles to be relieved as counsel for appellant.

CACR03-691. John Smith v. State of Arkansas, from Yell Circuit, Northern District. Motion of Ernie Witt for attorney's fees.

CACR03-944. Marcus Evans v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees.

CACR04-313. Donald Simmons v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for appointment of counsel.

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

CA04-77. Jessie J. Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motions to file non-conforming brief.

CA04-422. Isabelle Taylor v. Travis Finck, from Polk Circuit. Appellant's motion to include proceedings from CA03-1283 with this appeal.

CA04-422. Isabelle Taylor v. Travis Finck, from Polk Circuit. Appellant's motion for extension of time to supplement the record.

SUBMISSIONS

CA03-932. Billy Tipton v. Zeb Taylor Aaron, from Hempstead Circuit. Argued orally.

CACR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit.

CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-948. James W. Snyder v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-1002. Will McClina v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-1038. Michael Holbrook v. State of Arkansas, from Pope Circuit.

CA03-760. Charles D. Vinson III v. David W. Ritter, M.D., from Benton Circuit.

CA03-820. Kevin Smith v. Sherri George Benton, from Pulaski Circuit, Eighth Division.

CA03-918. Albert Hanna et ux. v. James L. Dougherty et al., from Union Circuit.

CA03-1029. Herbert Hopf v. Glen Ward Reese, Jr., from Pulaski Circuit, Sixteenth Division.

CA03-1106. Real Estate Development, Inc. v. Edward Fryar, from Saline Circuit.

CA03-1151. Joe Pitts v. Supermarket Investors, Inc., from Workers' Compensation Commission.

CA03-1156. First National Bank of Izard County v. Boyd Wayne Garner, from IzardCircuit.

CA03-1168. David E. Lewis v. Louvenia K. Lewis, from Chicot Circuit.

CA03-1190. Virgie Harvey v. SR of Arkansas et al., from Workers' Compensation Commission.

CA03-1201. Travis Eastridge v. OX Bodies, Inc., from Workers' Compensation Commission.

CA03-1214. Cherrina Harris v. Burger King, from Workers' Compensation Commission.

CA03-1390. Tammy Roberts et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

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

E04-6. Linda S. Day v. Director et al.

E04-12. Paul R. Barrington, Jr. v. Director et al.

E04-13. Gloria Jean Steverson v. Director et al.

E04-15. Justin P. Gatewood v. Director et al.

E04-16. Rodney Curry v. Director et al.

E04-17. The Bug Man v. Director et al.

E04-22. James S. Williams v. Director et al.

E04-23. Cynthia Cole v. Director et al.

E04-25. Vanesa Jarrett v. Director et al.

E04-26. Billy Lawrence v. Director et al.

E04-28. Doyle O. Cook v. Director et al.

E04-30. Ina Cobb v. Director et al.