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

Opinions delivered May 21 1997


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Langley v. Danco Constr. Co. (Neal, J.) CA96-991
Workers' compensation -- Commission found compensable injury did not aggravate appellant's preexisting condition; Commission's determination supported by substantial evidence. [ASCII, WP5.1]

Mays v. State (Jennings, J.) CACR96-674
Motions -- Motion for directed verdict properly denied; weakness in identification of defendant is matter of credibility for jury to resolve. [ASCII, WP5.1]

Office of Child Support Enforcement v. Lawrence (Neal, J.) CA96-962
Parent & child -- Child support; former law did not provide for duty of continuing support; trial court did not err in denying petition for child support. [ASCII, WP5.1]

Pender v. Pender (Griffen, J.) CA96-334
Jurisdiction -- Appellee did not acquiesce or waive objection to jurisdiction when he filed motion to set aside divorce decree and appeared for hearing; chancery court's decision that it lacked jurisdiction to divide appellee's military pension not clearly erroneous. [ASCII, WP5.1]

Reid v. Reid (Rogers, J.) CA96-790
Parent & child -- Misconduct that resulted in appellant's imprisonment was perpetrated against child for whom appellant owed duty of support; chancellor's refusal to suspend support obligation on basis of unclean hands upheld; appellant failed to show change in circumstances to justify abatement of support obligation. [ASCII, WP5.1]

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

Ashe v. State (Per Curiam) CACR96-418
Appeal & error -- Rehearing denied; mistake in original opinion corrected. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bowman v. State, CA CR 96-1114 (Crabtree, J.), affirmed May 21, 1997.

Bryant v. State, CA CR 96-1066 (Stroud, J.), affirmed May 21, 1997.

Bynum v. Venable, CA 96-1112 (Bird, J.), appeal dismissed May 21, 1997.

Cathey v. State, CA CR 96-896 (Griffen, J.), affirmed May 21, 1997.

Cox v. Tancre, CA 96-716 (Neal, J.), affirmed May 21, 1997.

Edwards v. State, CA CR 96-951 (Per Curiam), Motion of Daniel D. Becker for Attorney's Fees granted May 21, 1997.

Hart v. Division of Children & Family Serv.s, CA 96-675 affirmed May 21, 1997.

Johnson v. State, CA CR 96-766 (Hays, Special Judge), reversed and dismissed May 21, 1997.

Johnson v. State, CA CR 96-1177 (Meads, J.), affirmed May 21, 1997.

Lincks v. State, CA CR 96-997 (Rogers, J.), affirmed May 21, 1997.

Lockett v. Rome Cemetery, CA 96-902 (Jennings, J.), affirmed May 21, 1997.

Lofton v. State, CA CR 96-1185 (Jennings, J.), affirmed May 21, 1997.

McHan v. State, CA CR 96-933 (Bird, J.), affirmed May 21, 1997.

Mosely v. Junction City Wood, 96-1259 (Meads, J.), affirmed May 21, 1997.

Munds v. Consolidated Freightways, CA 96-1242 (Stroud, J.), affirmed May 21, 1997.

Posey v. State, CA CR 96-861 (Per Curiam), rebriefing ordered May 21, 1997.

Reed v. Southern Refrigeration Transp., CA 96-1235 (Hays, Special Judge), affirmed May 21, 1997.

Roy v. Guardianship of Wilson, CA 96-1171 (Meads, J.), affirmed May 21, 1997.

Royce v. White-Rodgers, CA 96-1256 (Neal, J.), affirmed May 21, 1997.

Sharp v. Garner, CA 96-1076 (Neal, J.), affirmed May 21, 1997.

Speed v. State, CA CR 96-903 (Robbins, C.J.), affirmed May 21, 1997.

Stiles v. Tyson Foods, Inc., CA 96-1097 (Griffen, J.), affirmed May 21, 1997.

Taylor v. Shannon, CA 96-988 (Hays, Special Judge), affirmed May 21, 1997.

Thackeray v. Thackeray, CA 96-1191 (Rogers, J.), affirmed May 21, 1997.

Thompson v. Arkansas Power & Light Company, CA 96-1236 (Hays, Special Judge), affirmed May 21, 1997.

Thornsberry v. Arkansas Children's Hosp., CA 96-1251 (Robbins, C.J.), affirmed May 21, 1997.

Willmuth v. Doyle, CA 96-1106 (Roaf, J.), affirmed May 21, 1997.

CASES AFFIRMED WITHOUT OPINION

Bowen v. Director of Labor, E 96-15, May 21, 1997.

Brady v. Director of Labor, E 96-38, May 21, 1997.

Collins v. Director of Labor, E 96-33, May 21, 1997.

Dickerson v. Director of Labor, E 96-40, May 21, 1997.

Hall v. Director of Labor, E 95-191, May 21, 1997.

Hankins v. Director of Labor, E 96-41, May 21, 1997.

Jordan v. Director of Labor, E 96-16, May 21, 1997.

Koerdt v. Director of Labor, E 96-24, May 21, 1997.

Williams v. Director of Labor, E 96-42, May 21, 1997.

PER CURIAM ORDERS

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

CACR96-418. Leamon Ashe v. State of Arkansas, from Crittenden Circuit. See supplemental opinion issued this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CA96-417. Arkansas State Highway Commission v. Austin Hux, from Union Circuit.

CA96-478. Lori Golden v. Edward Golden, Jr., from Ashley Chancery.

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CACR96-674. James Earl Mays v. State of Arkansas, from Mississippi Circuit. Motion of Mikke Connealy Marshall for attorney's fees. Granted. Allowed $750.00.

CACR96-725. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit. Motion of Paul D. Groce for attorney's fees. Granted. Allowed $750.00.

CACR96-896. Doyle Cathey v. State of Arkansas, from Lawrence Circuit. Motion of Val P. Price for attorney's fees. Granted. Allowed $800.00.

CACR96-951. John T. Edwards v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $650.00.

CACR96-1248. Robert Turner, Jr. v. State of Arkansas, from White Circuit. Appellant's motion for brief time. Granted. See per curiam issued this date. Meads, J., not participating. (1 PAGE UNPUBLISHED)

CACR96-1421. Carlos T. Deere v. State of Arkansas, from St. Francis Circuit. Appellant's motion for reconsideration of order denying motion to accept supplemental abstract containing copies of exhibits not included in the tendered brief. Denied. Neal, J., not participating.

CACR97-324. Nelson Garth v. State of Arkansas, from Drew Circuit. Appellant's motion to file a belated brief. Granted. Brief due May 28, 1997.

CACR97-481. Alvin Schultz v. State of Arkansas, from Van Buren Circuit. Motion of Samuel A. Perroni and Carla Rogers Nadzam to be substituted as counsel for appellant. Granted.

CA96-929. Hudson Foods, Inc. v. Roy L. Williams, from Workers' Compensation Commission. Appellee's motion for attorney's fees. Granted.

CA97-29. Stanley Stroud v. Arkansas Department of Human Services, from Dallas Chancery. Appellant's motion for compliance with Supreme Court Rule 4-3(i). Denied.

CA97-35. David Hooker et al. v. Brothers Implement Company, Inc., from St. Francis Circuit. Appellants' pro se motion to supplement the record. Denied without prejudice. Arey, J., not participating.

CA97-52. Sexton Law Firm et al. v. Phillip J. Milligan, from Sebastian Circuit. Appellants' motion to certify to the Supreme Court. Granted.

CA97-317. Murriel Green v. Jo Alta Spanhanks et al., from Pike Chancery. Appellant's petition for writ of certiorari to complete the record. Remanded to trial court to settle the record within thirty days.

The following case is called for dismissal for failure to file briefs.

CACR97-180. Norman D. McLeod v. State of Arkansas, from Carroll Circuit, Eastern District. Dismissed. Crabtree, J., not participating.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CACR96-560. Phillip Lee Collins v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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CACR96-539. Rodney Ray Hall v. State of Arkansas, from Randolph Circuit. Motion of Don R. Brown for attorney's fees.

CACR96-740. Darrell Profit v. State of Arkansas, from Pulaski Circuit. Appellant's motion to file a substituted brief.

CACR96-1344. Mark Travis v. State of Arkansas, from Lawrence Circuit. Motion of Val P. Price for attorney's fees.

CACR97-381. Dwayne Robinson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for release on bond pending appeal.

CA96-1159. Richard Wilkerson v. Virginia "Ginger" Atkinson et al., from Pulaski Circuit, Sixth Division. Appellees' motion for attorney's fees and costs.

CA96-1260. Michelle Hill v. Tony Hill, from Clark Chancery. Appellee's motion for attorney's fees and costs.

CA96-1364. Charles A. Alale v. Clare M. Alale, from Hempstead Chancery. Appellee's motion for attorney's fees and costs.

CA97-260. Rheeta Stecker, M.D. v. First Commercial Trust Company, from Garland Circuit. Appellant's motion to certify to the Supreme Court.

CA97-283. G. J. Pellham et al. v. Ida McGinnis, from Pope Probate. Appellants' motion to supplement the record and for brief time.

SUBMISSIONS

CA96-1220. Equity Fire & Casualty Company v. Laurence Traver, from Garland Circuit. Argued orally.

CA96-1278. Regina M. House v. City of West Memphis, from Workers' Compensation Commission. Argued orally.

CACR96-1215. Thomas Leonard Allen v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR96-1270. William Ray Hancock v. State of Arkansas, from Franklin Circuit.

CACR96-1288. Terry Jay Kenyon v. State of Arkansas, from White Circuit.

CACR96-1335. James Calvin Martin v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR96-1337. Larry Clark Davis v. State of Arkansas, from Pulaski Circuit, First Division.

CACR96-1344. Mark Travis v. State of Arkansas, from Lawrence Circuit.

CACR96-1357. Kelvin Ray Lambert v. State of Arkansas, from Columbia Circuit.

CACR96-1384. Somvang Vongvone v. State of Arkansas, from Sebastian Circuit.

CA96-599. Larry Childers v. Arkansas Valley Technical Institute et al., from Franklin Circuit.

CA96-869. Michael Lee v. State of Arkansas, from Pope Chancery, Juvenile Division.

CA96-964. Alex Bhatti d/b/a ABCO Builders v. Timothy C. McCabe et al., from Pulaski Chancery, Third Division.

CA96-1092. Louis Calloway v. Meyer's Bakeries, Inc., from Workers' Compensation Commission.

CA96-1100. Thomas Sprinkle et ux. v. James Shelton et ux., from Arkansas Chancery.

CA96-1159. Richard Wilkerson v. Virginia Atkinson et al., from Pulaski Circuit, Sixth Division.

CA96-1244. Mike Dane Oglesby v. State of Arkansas, from Pulaski Circuit, Juvenile Division.

CA96-1252. Long Brothers Oil Company v. Dollie M. Jerry, from Union Chancery.

CA96-1260. Michelle Hill v. Tony Hill, from Clark Chancery.

CA96-1331. Thelma Redding v. Ouachita County Hospital, from Workers' Compensation Commission.

CA96-1345. Daisy E. Clark v. Columbia Sewing Company, Inc. et al., from Workers' Compensation Commission.

CA96-1364. Charles A. Alale v. Clare M. Alale, from Hempstead Chancery.

CA96-1398. Eric Threadgill v. State of Arkansas, from Pulaski Circuit, Juvenile Division.

CA96-1401. Connie Roberson v. Waste Management, from Workers' Compensation Commission.

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

E96-2. Melinda Blankenship v. Director et al.

E96-48. Sylvester Randall v. Director et al.

E96-52. Mary F. Taylor v. Director et al.

E96-64. Jerry D. Reedy v. Director et al.

E96-109. James L. Dunnavant v. Director et al.

E96-263. Mary L. Shumate v. Director et al.

E96-294. Sandra Bowles v. Director et al.

E96-295. Leodis Jackson v. Director et al.

E96-297. Rose Ann Chandler v. Director et al.

E96-299. Robert Plummer v. Director et al.

E96-300. Alice M. Sanders v. Director et al.

E97-1. Betty Justice v. Director et al.