Andrews v. Air Evac EMS, Inc. (Vaught, J.) CA03-1044
Actions — Wrongful-death action; Ark. Code Ann. § 16-62-102(b) construed; action not brought by all heirs at law a nullity; tolling provision of statute of limitation for malpractice claim applies to minor's injury, not to beneficiaries derivative claim. [HTML, WP5.1]

Benson v. State (Roaf, J.) CACR03-623
Statutes — Construction; appellant's proposed construction of Ark. Code Ann. § 5-4-501(a) & (d) not persuasive. [HTML, WP5.1]

Jackson v. State (Neal, J.) CACR03-702
Criminal law — Conviction for delivery of counterfeit substance; two of seven factors must be present; conviction reversed. [HTML, WP5.1]

Richardson v. Arkansas Dep't of Human Servs. (Hart, J.) CA03-666
Appeal & error — Case moot; exceptions to mootness rule inapplicable. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Gibbons v. State, CA CR 03-284 (Crabtree, J.), affirmed May 5, 2004. [HTML, WP5.1]

Hutchens v. State, CA CR 03-1042 (Bird, J.), affirmed May 5, 2004. [HTML, WP5.1]

Jordan v. State, CA CR 03-656 (Pittman, J.), reversed and remanded May 5, 2004. [HTML, WP5.1]

Kelley v. Buildings, Inc., CA 03-1109 (Pittman, J.), affirmed May 5, 2004. [HTML, WP5.1]

Lamar Outdoor Advertising, Inc. v. Arkansas State Hwy. and Transp. Dep't, CA 03-412 (Robbins, J.), affirmed May 5, 2004. [HTML, WP5.1]

Lamar Outdoor Advertising, Inc. v. Arkansas State Hwy. and Transp. Dep't, CA 03-413 (Crabtree, J.), affirmed May 5, 2004. [HTML, WP5.1]

Shotzman v. Berumen, CA 04-317 (Per Curiam), Appellants' Motion to Remand; appeal dismissed May 5, 2004. [HTML, WP5.1]

Wall v. Director, E 04-2 (Robbins, J.), reversed and remanded May 5, 2004. [HTML, WP5.1]

Williams v. Williams, CA 03-1052 (Gladwin, J.), affirmed May 5, 2004. [HTML, WP5.1]

Wilson v. Magness Oil Co., CA 03-1111 (Stroud, C.J.), affirmed May 5, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Bowden v. Director of Labor, E 04-9, May 5, 2004.

Brubaker v. Director of Labor, E 03-409, May 5, 2004.

Draper v. Director of Labor, E 04-8, May 5, 2004.

Ford v. Director of Labor, E 04-7, May 5, 2004.

Fricks v. Director of Labor, E 03-410, May 5, 2004.

Grimes-Gipson v. Director of Labor, E 03-408, May 5, 2004.

Henry v. Director of Labor, E 04-11, May 5, 2004.

McClure v. Director of Labor, E 04-3, May 5, 2004.

McNeill v. Director of Labor, E 04-4, May 5, 2004.

Patterson v. Director of Labor, E 04-5, May 5, 2004.

Whale v. Director of Labor, E 04-10, May 5, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-1111. Pattie Wilson v. Magness Oil Company, Arkansas Property & Casualty Guaranty Fund, and Reliance National Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-656. Zachary Charles Jordan and Lashondra D. Click v. State of Arkansas, from Pulaski Circuit, Sixth Division. Reversed and Remanded. Stroud, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1109. John E. Kelley v. Buildings, Inc., from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-666. Terry Richardson v. Arkansas Department of Human Services, from Jefferson Circuit. Dismissed as Moot. Vaught and Baker, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-1052. Leonard Colby Williams v. Babette Williams, from Pope Circuit. Affirmed. Bird and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-412. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit. Affirmed. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

E04-2. Danny Wall v. Director, Employment Security Department and SNC Lavalin Constructors, from Board of Review. Reversed and Remanded. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-1042. Hayden Wayne Hutchens v. State of Arkansas, from Faulkner Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-702. Curtis Jackson v. State of Arkansas, from Saline Circuit. Reversed and Dismissed. Bird and Roaf, JJ., agree. Robbins, J., concurs. Pittman and Vaught, JJ., dissent. (6 PAGES + 2-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-284. Belinda Gibbons v. State of Arkansas, from Benton Circuit. Affirmed. Hart and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1044. James Andrews and Melissa Andrews v. Air Evac EMS, Inc., Bo Lin, M.D., Northwest Medical Center, and QHG of Springdale, Inc., from Benton Circuit. Affirmed. Hart, J., agrees. Baker, J., concurs. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-413. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit. Affirmed. Robbins and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-623. Tyrell Benson v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (6 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).

E03-408. 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.

E04-3. 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.

PER CURIAM ORDERS

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

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 is denied.

CACR03-352. Timothy G. Milholland, 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., is granted. Allowed $1,000.00.

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

CACR03-691. John Smith v. State of Arkansas, from Yell Circuit, Northern District. Motion of Ernie Witt for attorney's fees is granted. Allowed $1,000.00.

CACR03-851. David McElyea v. State of Arkansas, from Washington Circuit. Appellant's motion for oral argument is denied.

CACR03-944. Marcus Evans v. State of Arkansas, from Chicot Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $850.00.

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

CA03-1229. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due May 15, 2004. Gladwin, J., would deny. Crabtree, J., not participating.

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

CA04-317. Kevin Shotzman et al. v. Mike Berumen III, M.D. et al., from Sebastian Circuit, Fort Smith District. Appellants' motion to remand. Appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA04-422. Isabelle Taylor v. Travis Finck, from Polk Circuit. Appellant's motion to include proceedings from CA03-1283 with this appeal is granted. Pittman and Crabtree, JJ., would deny.

CA04-422. Isabelle Taylor v. Travis Finck, from Polk Circuit. Appellant's motion for extension of time to supplement the record is granted. Supplemental record due in 45 days. Crabtree, J., would deny.

The following case is dismissed for failure to file briefs.

CA03-827. Troy Elliott v. Roberta Elliott, from Sebastian Circuit, Fort Smith District.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA03-418. Elizabeth Page v. Lamar Anderson, from Washington Circuit.

CA03-454. Marlene Sheppard v. Robert Speir, from Washington Circuit.

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

E03-367. Bevelyn J. Robinson v. Director et al., from Board of Review.

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CACR02-1036. Robert L. Hunter, Jr. v. State of Arkansas, from Garland Circuit. Belated motion of Ann C. Hill for attorney's fees.

CACR03-784. Jimmy Harvey v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Charles M. Duell for attorney's fees.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellant's second motion for summary reversal and to stay brief time.

CACR03-1126. Mac Arthur Brantley v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time.

CACR04-3. James Turner v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CA03-771. Rhonda Smith v. Robert Newton Morris, from Pope Circuit. Appellant's motion to expedite.

CA03-867. Wilma Machost v. Gerald M. Simkins, from Randolph Circuit. Appellant's motion for costs.

CA03-924. McDairmid'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 Robinson and Harriet Robinson, to file belated brief.

CA03-930. Teresa Lynn McConnell v. Jason Anthony McConnell, from Scott Circuit. Appellees' pro se motion for reconsideration of costs on appeal.

CA03-1229. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion to consolidate with CA02-298 and CA02-1374.

CA03-1254. Unimin Corporation et al. v. Barry Goff, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA03-1273. Rolinda Kight v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Rita B. Atkinson to withdraw as counsel for appellant and for appointment of counsel.

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

CA03-1406. Lois C. Billingsley et al. v. Harvey Smith, from White Circuit. Appellants' motion to file belated reply brief.

CA03-1411. Cynthia A. Rogers v. Edmundo Rogers, from Benton Circuit. Appellee's motion for additional brief time.

CA03-1439. Thomas E. Hays, III v. Mary Jo Hays, from Faulkner Circuit. Appellant's motion to supplement the record and to place supplemental record under seal.

CA04-53. Melody Grissom et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Attorney Ad Litem for order of compliance.

CA04-81. Atlas Carriers, Inc. et al. v. Allen W. Sexton, from Workers' Compensation Commission. Appellee's 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 to supplement the record.

CA04-248. Courtney Harrison v. Mr. Burger of Arkansas, Inc. et al., from Workers' Compensation Commission. Appellees' motion to supplement the record.

CA04-303. Jerry Johnson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellant's motion to file belated brief.

CA04-461. Co Q. Mac et al. v. Richard Weiss, Director, Arkansas Department of Finance and Administration, from Independence Circuit. Appellants' motion to stay briefing schedule.

SUBMISSIONS

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Argued orally.

CACR03-426. Perry Lamar Adkins v. State of Arkansas, from Benton Circuit.

CACR03-696. John Earl Patrick v. State of Arkansas, from Carroll Circuit, Eastern District.

CACR03-895. Theodore Widen II and Phyllis Charmayne Widen v. State of Arkansas, from Faulkner Circuit.

CACR03-920. Charles Murdock v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-1056. Christopher Thomas Williams v. State of Arkansas, from Saline Circuit.

CACR03-1070. Freddie Bial v. State of Arkansas, from Lonoke Circuit.

CA03-46. Bio-tech Pharmacal, Inc. v. International Business Connections, LLC, from Washington Circuit.

CA03-879. Mark B. Beatty et ux. v. James G. Haggard et ux., from Faulkner Circuit.

CA03-901. Arkansas Department of Human Services v. Vickie Mays, from Sebastian Circuit, Fort Smith District.

CA03-941. Wally Hall v. Cherryl H. Hall, from Pulaski Circuit, Sixteenth Division.

CA03-945. Bobby Smith v. Great Lakes Chemical Corporation, from Workers' Compensation Commission.

CA03-955. Certified Systems v. Michael Farris, from Workers' Compensation Commission.

CA03-1085. Mid-South Adjustment Co., Inc. v. The Estate of Shanna Nicole Harris, Deceased, from Ouachita Circuit.

CA03-1133. Marjorie Downs v. James E. Downs, from Polk Circuit.

CA03-1231. Jim Witcher v. Jan Taylor, from Pulaski Circuit, Thirteenth Division.

CA03-1465. Jody Lynn Gee v. Danny Wilburn Gee, from Sebastian Circuit, Greenwood District.

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

E04-14. Riley W. Towery v. Director et al.

E04-27. William M. Weaver v. Director et al.

E04-29. Denita K. Fair v. Director et al.

E04-31. Kathy P. Baldwin v. Director et al.

E04-32. Lee C. Jones v. Director et al.

E04-33. Karen Mercer v. Director et al.

E04-34. Zohreh Dadras v. Director et al.

E04-35. William P. Foreman v. Director et al.

E04-36. Rosa M. Brown v. Director et al.

E04-37. Style Media & Design Inc. v. Director et al.

E04-40. Guy C. Sorce v. Director et al.

E04-42. April Benningfield v. Director et al.