Baxley v. Baxley (Baker, J.) CA03-922
Divorce — Oral misstatements by trial judge not repeated in written order; trial judge failed to state reasons in written order supporting unequal division of marital property; case reversed & remanded. [HTML, WP5.1]

First Nat'l Bank of Izard County v. Garner (Roaf, J.) CA03-1156
Secured transactions — Future-advance clauses; construction urged by appellant went against plain language of note & security agreement; trial court properly concluded that June 2001 note was not secured by collateral used in May 1993 security agreement. [HTML, WP5.1]

Hanna v. Robinson (Gladwin, J.) CA03-918
Easements — Easement by implication; appellee's use exceeded scope; interest awarded to appellee was tantamount to grant of fee simple by adverse possession; trial court's grant to appellee of easement in hallway & loft rooms reversed; elevator equipment-room easement not inconsistent with appellant's ownership or possessory interests. [HTML, WP5.1]

Miller, Glenda v. Hometown Propane Gas, Inc. (Bird, J.) CA02-1044
Evidence — Objection at trial that messages were admissible as exception to hearsay rule incorrect; point affirmed; messages not offered to express current feeling, physical condition, or state of mind of declarant; no abuse of discretion in trial court's ruling that evidence was inadmissible under Ark. R. Evid. 803(3); no abuse of discretion in trial court's admission of witness's opinion testimony; appellee's use of lighter in opening statement not abuse of discretion. [HTML, WP5.1]

Miller, Stephanie v. Arkansas Dep't of Human Servs. (Gladwin, J.) CA03-676
Parent & child — Custody; change of custody supported by evidence of material change in circumstances. [HTML, WP5.1]

Vinson v. Ritter (Baker, J.) CA03-760
Service — Compliance with requirements must be exact; estoppel did not apply where facts established defects in summons that rendered process void; no authority in appellate court to readopt substantial-compliance standard. [HTML, WP5.1]

Young v. Gastro-Intestinal Ctr., Inc. (Stroud, C.J.) CA03-575
Substituted opinion on denial of petition for rehearing delivered June 23, 2004; appears in syllabus that date.  [HTML, WP5.1] 

OPINIONS NOT DESIGNATED FOR PUBLICATION

Brashears v. American Int'l South Ins. Co., CA 03-1030 (Hart, J.), affirmed May 12, 2004. [HTML, WP5.1]

Cicso v. King, CA 03-1149 (Per Curiam), rebriefing ordered May 12, 2004. [HTML, WP5.1]

Eastridge v. Ox Bodies, Inc., CA 03-1201 (Vaught, J.), affirmed May 12, 2004. [HTML, WP5.1]

Evans v. Evans, CA 03-786 (Stroud, C.J.), affirmed in part; reversed and remanded in part May 12, 2004. [HTML, WP5.1]

Harvey v. SR of Ark. & Hartford Ins., CA 03-1190 (Hart, J.), reversed and remanded May 12, 2004. [HTML, WP5.1]

Holbrook v. State, CA CR 03-1038 (Vaught, J.), affirmed May 12, 2004. [HTML, WP5.1]

Hopf v. Reese, CA 03-1029 (Crabtree, J.), affirmed May 12, 2004. [HTML, WP5.1]

McClina v. State, CA CR 03-1002 (Neal, J.), reversed and dismissed May 12, 2004. [HTML, WP5.1]

Pitts v. Supermarket Investors, Inc., CA 03-1151 (Neal, J.), affirmed May 12, 2004. [HTML, WP5.1]

Real Estate Dev., Inc. v. Fryar, CA 03-1106 (Griffen, J.), affirmed May 12, 2004. [HTML, WP5.1]

Roberts v. Arkansas Dep't of Human Servs., CA 03-1390 (Bird, J.), affirmed May 12, 2004. [HTML, WP5.1]

Smith v. Benton, CA 03-820 (Robbins, J.), affirmed May 12, 2004. [HTML, WP5.1]

Snyder v. State, CA CR 03-948 (Robbins, J.), affirmed May 12, 2004. [HTML, WP5.1]

Strickland v. State, CA CR 03-1063 (Griffen, J.), affirmed May 12, 2004. [HTML, WP5.1]

Wallace v. State, CA CR 03-713 (Hart, J.), affirmed May 12, 2004. [HTML, WP5.1]

Walter Gray and Associates, Inc. v. Rankin Ins. Agency, Inc., CA 03-865 (Pittman, J.), affirmed May 12, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Barrington v. Director of Labor, E 04-12, May 12, 2004.

Cobb v. Director of Labor, E 04-30, May 12, 2004.

Cole v. Director of Labor, E 04-23, May 12, 2004.

Cook v. Director of Labor, E 04-28, May 12, 2004.

Curry v. Director of Labor, E 04-16, May 12, 2004.

Day v. Director of Labor, E 04-6, May 12, 2004.

Gatewood v. Director of Labor, E 04-15, May 12, 2004.

Jarrett v. Director of Labor, E 04-25, May 12, 2004.

Lawrence v. Director of Labor, E 04-26, May 12, 2004.

Steverson v. Director of Labor, E 04-13, May 12, 2004.

The Bug Man v. Director of Labor, E 04-17, May 12, 2004.

Williams v. Director of Labor, E 04-22, May 12, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-575. Maggie Young v. The Gastro-Intestinal Center, Inc. & Diane Brown, R.N., from Pulaski Circuit, Second Division. Reversed and Remanded. Crabtree and Baker, JJ., agree. Substituted opinion on denial of petition for rehearing delivered June 23, 2004; appears in syllabus that date.  (6 PAGES PUBLISHED) [HTML, WP5.1] 

CA03-786. William Lloyd Evans v. Marie M. Evans, from Crawford Circuit. Affirmed in Part; Reversed and Remanded in Part. Pittman and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-865. Walter Gray and Associates, Inc. v. Rankin Insurance Agency, Inc., from Benton Circuit. Affirmed. Robbins and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Baker, JJ., agree. (16 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1030. Ross Brashears v. American International South Insurance Company, from Benton Circuit. Affirmed. Vaught and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1190. Virgie Harvey v. SR of Arkansas & Hartford Insurance, from Workers' Compensation Commission. Reversed and Remanded. Vaught and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-676. Stephanie Miller v. Arkansas Department of Human Services and Ronnie Joiner, from Greene Circuit. Affirmed. Bird and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA03-918. Albert and Marnette Hanna v. James and Elizabeth Robinson, from Union Circuit. Affirmed in Part; Reversed and Remanded in Part. Bird and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-948. James W. Snyder v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Neal and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-820. Kevin Smith v. Sherri George Benton, from Pulaski Circuit, Eighth Division. Affirmed. Neal and Crabtree, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-1044. Glenda Miller v. Hometown Propane Gas, Inc., from Faulkner Circuit. Affirmed. Robbins, J., agrees. Pittman, J., concurs. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1390. Tammy Roberts and David Roberts v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Gladwin and Roaf, JJ., agree. (17 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-1063. Preston Ray Strickland v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1106. Real Estate Development, Inc. v. Edward Fryar, d/b/a Free River, LLC and Saline River, LLC, from Saline Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-1002. Will McClina v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1151. Joe Pitts v. Supermarket Investors, Inc. and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-1038. Michael Holbrook v. State of Arkansas, from Pope Circuit. Affirmed. Hart and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1201. Travis Eastridge v. Ox Bodies, Inc. and Cunningham Lindsey Insurance, from Workers' Compensation Commission. Affirmed. Hart and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-1029. Herbert Hopf and Linda Hopf v. Glen Ward Reese, Jr., Patricia Mae Reese, Pamela Ann Leonard and Patrick Wayne Leonard, from Pulaski Circuit. Affirmed. Robbins and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-760. Charles D. Vinson III v. David W. Ritter, M.D., from Benton Circuit. Affirmed. Hart and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA03-922. Raymond L. Baxley v. Susan B. Baxley, from Garland Circuit. Reversed and Remanded. Hart and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-1156. First National Bank of Izard County v. Boyd Wayne Garner, Phillip Garner, and Janet Garner, from Izard Circuit. Affirmed. Gladwin and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA03-1149. Carl Cicso, County Judge, and St. Francis County, Arkansas v. Jerry King, Louis Pugh, and Herman L. Greenwood, from St. Francis Circuit. Rebriefing Ordered. (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).

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.

PER CURIAM ORDERS

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

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

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

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

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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 is denied. Robbins, J., not participating.

CACR03-784. Jimmy Harvey v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Charles M. Duell for attorney's fees is granted. Allowed $1,000.00.

CACR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellant's second motion for summary reversal and to stay brief time. Passed until case is submitted. Pittman, Gladwin, Bird, Griffen, and Crabtree, JJ., would deny. Appellant's brief due in 30 days.

CACR03-1126. Mac Arthur Brantley v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time is granted in part. Appellant's brief due in 30 days. Final extension. Bird and Roaf, JJ., would grant. Gladwin, Griffen, and Crabtree, JJ., would deny.

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

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 is granted.

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

CA03-1229. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion to consolidate with CA02-298 and CA02-1374 is denied. See Arkansas Supreme Court Rule 4-2(a)(5) and Ward v. McCord, 60 Ark. App. 91 (1997). Crabtree, J., not participating.

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

CA03-1301. Amanda L. Kelley v. Jason S. Kelley, from Jefferson Circuit. Appellee's motion for additional brief time is granted in part. Brief due in 45 days. Griffen, Baker, and Roaf, JJ., would grant. Crabtree, J., would deny.

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

CA03-1411. Cynthia A. Rogers v. Edmundo G. Rogers, from Benton Circuit. Appellee's motion for additional brief time is granted. Brief due in 60 days. Crabtree, J., would deny.

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 is granted. Crabtree, J., would deny without prejudice. Stroud, C.J., not participating.

CA04-53. Melody Grissom et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Attorney Ad Litem for order of compliance is granted. Substituted brief due in 30 days.

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. Remanded to the Commission to settle the record within thirty days. Appellee's brief due 30 days thereafter.

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 is denied.

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

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

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 is denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA03-951. David Harris v. City of Fort Smith et al., from Sebastian Circuit, Fort Smith District.

CA03-1114. John Sikes v. Georgia-Pacific Corporation, from Workers' Compensation Commission.

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CACR03-737. Melvin Eugene Finley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion for additional brief time.

CACR04-171. Darren Hawkins v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to relieve counsel.

CACR04-193. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record and for brief time.

CACR04-200. Roshonda Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record and for brief time.

CACR04-453. Eric M. Wade and Kimberly A. Wade v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey to withdraw as counsel for appellant and to substitute James B. Bennett as counsel.

CA03-820. Kevin Smith v. Sherri George Benton, from Pulaski Circuit, Eighth Division. Motion of Winston C. Mathis to be relieved as counsel for appellant.

CA03-961. Cumberland Casualty & Surety Company v. Lamar School District, from Johnson Circuit. Appellant's amended motion for stay.

CA03-1191. Amtran Corporation v. J. W. Finley, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA03-1416. Mark George v. Arkansas Department of Human Services, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss for failure to file trial transcripts.

CA03-1426. N. A. v. State of Arkansas, from Washington Circuit. Appellant's motion for anonymity.

CA04-112. Frederick Williams v. Healthcare Services Group, from Workers' Compensation Commission. Appellant's pro se motion to supplement the record.

CA04-351. Judy Davis v. Tony Davis, from Pulaski Circuit, Ninth Division. Appellant's motion to supplement the record and for brief time.

E03-400. Southwestern Bell Telephone, L.P. v. Director et al., from Board of Review. Joint motion to suspend proceedings and stay brief time in Cases E03-400, 401, 402, 403, 404, 406, and E04-18, 19, and 20, until Case No. E03-405 is decided.

SUBMISSIONS

CACR03-680. William Bradford, II v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-801. Rico Hampton v. State of Arkansas, from Bradley Circuit.

CACR03-851. David McElyea v. State of Arkansas, from Washington Circuit.

CACR03-938. Steven Ellis v. State of Arkansas, from Clark Circuit.

CACR03-959. Kevin Rowe v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-1031. William Charles Lindsey v. State of Arkansas, from Crawford Circuit.

CACR03-1313. Mona J. Stapleton, a/k/a Sayers v. State of Arkansas, from Logan Circuit, Northern District.

CACR03-1331. Anthony Farmer v. State of Arkansas, from Lonoke Circuit.

CA03-177. Caroline M. Cone et al. v. Jeffrey Smith et al., from Jefferson Circuit.

CA03-371. Debra Eades (Smith) v. Robert P. Eades, from White Circuit.

CA03-599. Joyce Dickson v. Phil Smith, Administrator, from Arkansas Circuit, Northern District.

CA03-845. Carey Wyatt et ux. v. Arkansas Game & Fish Commission, from Newton Circuit.

CA03-1017. Lula Jean Hobbs v. Carmelia Moore, from Lee Probate.

CA03-1068. William L. Stroud v. Delane Cagle, from Saline Probate.

CA03-1081. Charlotte Rose Shepherd v. St. Edwards Mercy Medical Center, from Sebastian Circuit, Fort Smith District.

CA03-1183. Gregory Scott Carr v. Anne Douglas Millar, from Lonoke Probate.

CA03-1240. Safeco Corporation et al. v. Gerald Boyer et al., from Workers' Compensation Commission.

CA03-1312. Laura M. Tucker v. Ronald E. Tucker, from Sebastian Circuit, Fort Smith District.

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

E04-21. Delander C. Moody v. Director et al.

E04-24. Kimberly J. Frost v. Director et al.

E04-39. Rhonda L. Johnson v. Director et al.

E04-41. Leslie Piggee v. Director et al.

E04-43. Minnie R. Frazier v. Director et al.

E04-44. Claudia Burks v. Director et al.

E04-45. Clairday Food Service Ent., Inc. v. Director et al.

E04-47. Gary W. Scott v. Director et al.

E04-48. Gary L. Butcher v. Director et al.

E04-49. Gisela Schumann v. Director et al.

E04-50. Chalene D. Adcock v. Director et al.

E04-51. Dyann Beasley v. Director et al.