Bio-Tech Pharmacal, Inc. v. International Bus. Connections, LLC (Bird, J.) CA03-046
Contracts — Language of confirmation requirement unambiguous; purchase order did not expressly require acceptance by only one means; no error in trial court's refusal to grant directed verdict; purchase orders did not clearly require written confirmation as prerequisite to formation of contract; terms were not so clear that court should have disregarded parties' course of performance; trial court's finding of waiver not clearly erroneous. [HTML, WP5.1]

Chase v. Arkansas Dep't of Human Servs. (Griffen, J.) CA03-1246
Parent & child — Termination of parental rights not clearly erroneous; termination affirmed. [HTML, WP5.1]

Patchell v. Wal-Mart Stores, Inc. (Griffen, J.) CA03-1087
Workers' compensation — Commission's decision did not display substantial basis for denial of additional medical treatment; physicians all agreed as to appellant's injury; Commission's findings not supported by substantial evidence; reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas Dep't of Human Servs. v. Mays, CA 03-901 (Hart, J.), affirmed May 19, 2004. [HTML, WP5.1]

Bial v. State, CA CR 03-1070 (Stroud, C.J.), affirmed May 19, 2004. [HTML, WP5.1]

Certified Sys. v. Farris, CA 03-955 (Vaught, J.), affirmed May 19, 2004. [HTML, WP5.1]

Hall v. Hall, CA 03-941 (Robbins, J.), affirmed May 19, 2004. [HTML, WP5.1]

Johnson v. Johnson, CA 03-359 (Roaf, J.), reversed and remanded May 19, 2004. [HTML, WP5.1]

Lenox v. State, CA CR 03-197 (Pittman, J.), affirmed May 19, 2004. [HTML, WP5.1]

Murdock v. State, CA CR 03-920 (Robbins, J.), affirmed May 19, 2004. [HTML, WP5.1]

Nicholson v. Wells, CA 03-973 (Griffen, J.), affirmed May 19, 2004. [HTML, WP5.1]

Price v. State, CA CR 03-658 (Gladwin, J.), affirmed May 19, 2004. [HTML, WP5.1]

Roberts v. State, CA CR 02-830 (Baker, J.), reversed and dismissed May 19, 2004. [HTML, WP5.1]

Smith v. Great Lakes Chemical Corp., CA 03-945 (Stroud, C.J.), affirmed May 19, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Baldwin v. Director of Labor, E 04-31, May 19, 2004.

Benningfield v. Director of Labor, E 04-42, May 19, 2004.

Brown v. Director of Labor, E 04-36, May 19, 2004.

Dadras v. Director of Labor, E 04-34, May 19, 2004.

Fair v. Director of Labor, E 04-29, May 19, 2004.

Foreman v. Director of Labor, E 04-35, May 19, 2004.

Jones v. Director of Labor, E 04-32, May 19, 2004.

Mercer v. Director of Labor, E 04-33, May 19, 2004.

Sorce v. Director of Labor, E 04-40, May 19, 2004.

Style Media & Design, Inc. v. Director of Labor, E 04-37, May 19, 2004.

Towery v. Director of Labor, E 04-14, May 19, 2004.

Weaver v. Director of Labor, E 04-27, May 19, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-1070. Freddie Bial v. State of Arkansas, from Lonoke Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-945. Bobby Smith v. Great Lakes Chemical Corporation, from Workers' Compensation Commission. Affirmed. Gladwin and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-197. William Joseph Lenox v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-901. Arkansas Department of Human Services v. Vickie Mays, from Sebastian Circuit. Affirmed. Griffen and Roaf, JJ., agree. (19 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-658. Richard Price v. State of Arkansas, from Grant Circuit. Affirmed. Bird and Roaf, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-920. Charles Murdock v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Stroud, C.J., and Gladwin, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-941. Wally Hall v. Cherryl H. Hall, from Pulaski Circuit, Sixteenth Division. Affirmed. Stroud, C.J., and Gladwin, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-46. Bio-tech Pharmacal, Inc. v. International Business Connections, LLC, from Washington Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-973. Robert & Lynn Nicholson v. Dean Wells, from Bradley Circuit. Affirmed. Hart and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-1087. Barbara A. Patchell v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Reversed and Remanded. Stroud, C.J., and Pittman, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1246. Phillip Chase v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Gladwin, Neal, and Vaught, JJ., agree. Hart and Roaf, JJ., dissent. (5 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-955. Certified Systems and Credit General Insurance Company v. Michael Farris, from Workers' Compensation Commission. Affirmed. Bird and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-830. Gary J. Roberts v. State of Arkansas, from Arkansas Circuit. Reversed and Dismissed. Hart and Vaught, JJ., concur. (6 PAGES + 4-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA03-359. James D. Johnson v. Janey R. Johnson, from Benton Circuit. Reversed and Remanded. Gladwin and Bird, JJ., agree. (6 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).

E04-14. 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.

PER CURIAM ORDERS

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

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

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.

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

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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 is granted.

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

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

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 is remanded to the trial court. See Brewer v. State, 64 Ark. App. 372 (1998).

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 is granted.

CA03-867. Wilma Machost v. Gerald R. Simkins, from Randolph Circuit. Appellant's motion for costs is moot. Costs assessed on mandate.

CA03-961. Cumberland Casualty & Surety Company v. Lamar School District, from Johnson Circuit. Appellant's amended motion for stay is denied without prejudice.

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

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 is passed until case is submitted.

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

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

CA04-351. Judy Davis v. Tony Davis, from Pulaski Circuit, Ninth Division. Appellant's motion to supplement the record and for brief time is remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

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 is granted.

The following cases are dismissed for failure to file briefs.

CA03-966. Melodie Parish Reedy v. Richard Parish, from Saline Circuit.

CA03-1055. Charlene Richardson v. ACF Industries et al., from Workers' Compensation Commission.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA02-796. John Herzog, Sr., M.D. v. Thomas Glover, from Jefferson Circuit.

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CACR03-520. Mark McArthur v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Terry Goodwin Jones for attorney's fees.

CACR03-1063. Preston Ray Strickland v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time.

CACR04-67. Charles Fitzgerald McCrary v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.

CACR04-195. Richard Alan Thomas v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief and for brief time.

CA03-598. James E. O'Hern v. Nancy Brown O'Hern, from Sebastian Circuit, Fort Smith District. Appellee's motion for attorney's fees and costs.

CA03-676. Stephanie Miller v. Arkansas Department of Human Services, from Greene Circuit. Motion of Val P. Price for attorney's fees and costs.

CA03-1155. Louise A. Henyan et al. v. Richard D. Peek, M.D., from Pulaski Circuit, Second Division. Appellee's motion for oral argument.

CA03-1447. Jody K. Nail v. Tony N. Reddell et al., from Prairie Circuit, Northern District. Appellant's motion for additional brief time.

CA03-1467. Bernice Marks v. London Hampton, Jr., from Jefferson Circuit. Appellant's motion to file belated supplemental record and to modify briefing schedule.

CA04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Appellant's pro se motion for additional time to file conforming brief.

CA04-214. James Huey v. Sandra Huey (Sheiron), from Drew Circuit. Appellee's motion to file belated brief.

CA04-240. JoAnn (Blankenship) Silk v. Lamb & Associates Packaging, Inc., from Workers' Compensation Commission. Appellant's pro se motion for extension of time to correct brief.

CA04-365. Rick Gibson v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to supplement the record.

CA04-365. Rick Gibson v. State of Arkansas, from Carroll Circuit, Eastern District. Motion of Rachel A. Runnels to withdraw as counsel for appellant and for brief time.

CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. Appellee's motion to dismiss appeal.

CA04-433. General L. Alexander v. The First National Bank of McGehee, from Desha Circuit, Arkansas City District. Appellee's motion for sanctions.

CA04-493. Shirley Justice v. Earlene Thomas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CA04-533. John E. Searcy III v. Stephen E. Whitwell et al., from Van Buren Circuit. Appellant's pro se motion to proceed informa pauperis.

SUBMISSIONS

CACR03-679. Dewayne DeFoure v. State of Arkansas, from White Circuit.

CACR03-781. Marvin G. Jefferson v. State of Arkansas, from Monroe Circuit.

CACR03-1033. Michael Campea v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR03-1448. Robert Allen Cox v. State of Arkansas, from Randolph Circuit.

CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit.

CA03-384. Top Quality Badges, Inc. v. Regina Smith, from Union Circuit.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit.

CA03-793. Teresa Dawn Brooks v. Stephen Wayne Brooks, from Washington Circuit.

CA03-919. Nationwide Mutual Insurance Company v. Sherry Garner et al., from Washington Circuit.

CA03-998. Marlo Anderson v. Andrew Riley, from Pulaski Circuit, Sixth Division.

CA03-1090. Keith Webb v. Vicki Taylor, from Sharp Circuit.

CA03-1188. Terri Key v. Steve Coryell et al., from Crittenden Circuit.

CA03-1245. Office of Child Support Enforcement v. James Harris, from Union Circuit.

CA03-1273. Rolinda Kight v. Arkansas Department of Human Services, from Faulkner Circuit.

CA03-1327. Madison County et al. v. Steven Treat, from Workers' Compensation Commission.

CA03-1337. Janice Buckley v. Pactiv Corporation et al., from Workers' Compensation Commission.

CA03-1368. Tony Payne v. MC Express et al., from Workers' Compensation Commission.

E03-279. Delta Dental Plan of Arkansas, Inc. v. Director et al., from Board of Review.