ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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55 Ark. App.

Opinions delivered December 11, 1996


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Breckenridge v. Ashley (Per Curiam) CA96-487
Jurisdiction -- Failure to file timely notice of appeal deprives appellate court of jurisdiction; dismissal of appeal required. [ASCII, WP5.1]

Kilpatrick v. Director (Robbins, J.) E95-137
Unemployment compensation -- Board of Review's decision that appellant was discharged for misconduct was supported by substantial evidence. [ASCII, WP5.1]

Lowell v. Lowell (Stroud, J.) CA95-875
Parent & child -- Allegations of dependency-neglect separated case from ordinary custody matter; consolidation of divorce proceedings with juvenile action inappropriate; trial judges refusal to restore custody to appellant not clearly erroneous. [ASCII, WP5.1]

Meeks v. State (Neal, J.) CACR95-962
Motions -- Directed verdict; defendant bears burden of obtaining ruling on both motions; sufficiency issue not preserved on appeal. [ASCII, WP5.1]

Noland v. Noland (Griffen, J.) CA95-167
Trusts -- Chancellor's finding of procurement not in error; trial court's decision affirmed; considerable proof presented that decedent lacked mental capacity and was unduly influenced regarding trust and related conveyance. [ASCII, WP5.1]

Pyles v. State (Robbins, J.) CACR95-1008
Search & seizure -- Search incidental to lawful arrest may be made with or without probable cause; fact of lawful arrest establishes authority to search; officer searched appellant pursuant to valid arrest warrant; trial court properly denied appellant's motion to suppress. [ASCII, WP5.1]

Torrey v. City of Fort Smith (Neal, J.) CA96-185
Workers' compensation -- Legislative intent clear; worker should be allowed to reenter workforce; Commission's narrow interpretation of reasonable cause allowed employer to nullify stated legislative purpose; appellee made no real effort to facilitate appellant's reentry into workplace; case reversed and remanded. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Buis v. Buis, CA 95-1040 (Pittman, J.), affirmed December 11, 1996.

Herrod v. Knights Super Food Store, Inc., CA 95-1325 (Pittman, J.), affirmed December 11, 1996.

Hillcrest Nursing Home v. Burnside, CA 96-159 (Pittman, J.), affirmed December 11, 1996.

MacIntrush v. State, CA CR 95-1346 (Cooper, J.), affirmed December 11, 1996.

Pledger v. State, CA CR 95-1265 (Rogers, J.), affirmed December 11, 1996.

Ray v. State, CA CR 96-473 (Per Curiam), Appellee's Motion to Dismiss Appeal denied December 11, 1996.

Stuckey v. State, CA CR 95-1078 (Griffen, J.), affirmed December 11, 1996.

Urrey v. Jr. Food Mart, CA 96-55 (Stroud, J.), affirmed December 11, 1996.

Worsham v. State, CA CR 96-1135 (Per Curiam), Appellant's Motion to Stay Brief Time granted December 11, 1996.

PER CURIAM ORDERS

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

CA95-109. Winston Bryant, Attorney General v. Arkansas Public Service Commission, from Public Service Commission.

CA95-787. James Holzhauer v. Brenda Phyllis Holzhauer, from Pulaski Chancery, Third Division.

CA95-1151. Jerry Davison v. Sandra J. Vaughn Davison Jones, from Pope Chancery.

CA95-1267. Wesley Roberts et al. v. David Feltman et al., from St. Francis Chancery.

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CACR95-861. Bambie Lynn Bradley v. State of Arkansas, from Faulkner Circuit. Motion of Kenneth G. Fuchs for attorney's fees. Granted. Allowed $800.00.

CACR96-473. Charles Edward Ray v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal. Denied. See per curiam issued this date. (2 PAGES UNPUBLISHED)

CACR96-1091. Alvin Manley v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for brief time. Granted.

CACR96-1135. Mark Worsham v. State of Arkansas, from Fulton Circuit. Appellant's motion to stay brief time. Granted. See per curiam issued this date. (1 PAGE UNPUBLISHED)

CACR96-1248. Robert Turner, Jr. v. State of Arkansas, from White Circuit. Appellant's motion for brief time. Granted.

CACR96-1341. Cynthia Ann Peete and Lonezo Peete, Jr. v. State of Arkansas, from Mississippi Circuit. Appellants' motion for brief time. Granted.

CA96-531. Joseph W. Brown v. Carrie L. Brown (Renaud), from Pulaski Chancery. Appellant's motion to strike portions of appellee's brief. Passed until case submitted.

CA96-921. Donte Lamont Chambers v. State of Arkansas, from Pulaski Chancery. Appellant's motion for brief time. Granted.

CA96-943. Joseph E. Blankenship v. National Home Centers, Inc., from Pulaski Chancery, Sixth Division. Appellant's motion to have lien dissolved. Denied.

CA96-1123. Glenn Russell v. Roger Breedlove, from Saline Chancery. Appellant's motion for brief time. Granted.

CA96-1128. Norma Miles et al. v. Perry Goines et al., from Crawford Circuit. Motion of appellees, Donald Nolan and Loreen Nolan, to supplement the record, or in the alternative, to dismiss appeal. Denied.

CA96-1128. Norma Miles et al. v. Perry Goines et al., from Crawford Circuit. Motion of appellees, Perry Goines and Vera Goines, to supplement the record, or in the alternative, to dismiss appeal. Denied.

CA96-1157. Carson Financial Group, Inc. v. Potty Pals, Inc., from Pulaski Chancery, First Division. Motion of appellee to dismiss appeal denied. Record settled by December 2, 1996, order of trial court referring to June 4, 1996, order extending the time for filing notice of appeal to June 7, 1996. Appellee's motion for extension of time to file its brief granted. Appellee's brief due December 30, 1996. Appellant's reply brief due January 21, 1997. Pittman, J., would grant.

CA96-1176. Robert Blaylock v. Shearson-Lehman Brother, from Sebastian Circuit. Appellant's motion for brief time. Granted.

CA96-1194. Thomas C. Ferris v. Louise Ferris, from Pulaski Chancery. Appellant's motion for brief time. Granted.

CA96-1247. John Cox, Sr. et al. v. Lena Thines et al., from Grant Chancery. Appellant's motion to file a belated brief. Granted.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA95-1274. John J.R. Sorenson v. Colleen Sorenson, from Pulaski Chancery, Fourth Division.

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CACR95-1332. J.B. Williams v. State of Arkansas, from Crittenden Circuit. Motion of Davis H. Loftin for attorney's fees.

CACR96-1026. Eldon Ray Bias v. State of Arkansas, from Polk Circuit. Appellant's motion to amend brief and to stay reply brief time.

CACR96-1073. Billy Goss v. State of Arkansas, from Pope Circuit. Appellant's motion for brief time.

CA96-666. James E. Maxey et al. v. Nadine Dyer, Guardian et al., from Benton Chancery. Appellees' motion for brief time.

CA96-759. David Hooker et al. v. Agribank FCB et al., from St. Francis Circuit. Appellants' pro se motion for reconsideration of order denying motion to issue a signed order.

CA96-831. Marilyn Louise Thomas Spence v. Chloe Irene Harriman Thomas et al., from Washington Chancery. Appellees' motion to dismiss appeal.

CA96-831. Marilyn Louise Thomas Spence v. Chloe Irene Harriman Thomas et al., from Washington Chancery. Appellant's motion to file a belated brief.

CA96-840. Christopher Campbell v. State of Arkansas, from St. Francis Chancery. Appellee's motion to dismiss appeal.

CA96-957. Sonya Gay Haynes v. Pleasant Valley Country Club, from Workers' Compensation Commission. Appellant's pro se motion for brief time.

CA96-1069. Ottie Hooker v. Producers Tractor Company, Inc. et al., from St. Francis Chancery. Appellees' motion to dismiss appeal and to stay brief time.

CA96-1116. Christopher Lynn Batson v. State of Arkansas, from Lincoln Chancery. Appellee's motion to dismiss appeal.

CA96-1187. Renee Mathews v. Rodney Oglesby, from Pulaski Chancery. Appellant's motion for brief time.

CA96-1246. Roy James v. Lee Douglas, Commissioner of Insurance, from Pulaski Circuit. Appellant's motion to file a belated brief.

CA96-1265. Alan Minor et al. v. J.P. Failla et al., from Lincoln Circuit. Appellants' motion to file a belated brief.

SUBMISSIONS

CACR95-135. Danny Chris Ivy v. State of Arkansas, from Washington Circuit. Argued orally.

CA95-1108. Sarah Kimbrough v. Danny Chris Ivy, from Washington Chancery. Argued orally.

CACR95-1341. Rodger Dale Robinson v. State of Arkansas, from Sevier Circuit.

CACR96-30. Gregory Jackson v. State of Arkansas, from Sebastian Circuit.

CACR96-235. Mark Anthony Mosley v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR96-252. Michael Jermaine Williams v. State of Arkansas, from Garland Circuit.

CACR96-309. Jerry Sam Mackey v. State of Arkansas, from Pulaski Circuit, First Division.

CACR96-337. Larry D. Holmes v. State of Arkansas, from Arkansas Circuit, Northern District.

CA95-896. Evan Higgs v. State of Arkansas, from Faulkner Chancery, Juvenile Division.

CA95-1366. Justin Gene Springston v. State of Arkansas, from Washington Chancery, Juvenile Division.

CA96-26. Richard Drewry et al. v. Ray Halsted et al., from Searcy Chancery.

CA96-119. Alcoholic Beverage Control Division et al. v. Leo King, from Randolph Circuit.

CA96-179. Tod Hall v. Doug C. Freeman et al., from Pulaski Chancery, Juvenile Division.

CA96-193. Gene A. Robason v. Phillips County Child Support Enforcement Unit, from Phillips Chancery.

CA96-213. Lorene Diver v. Peterson Industries, Inc., from Workers' Compensation Commission.