ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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58 Ark. App.
Opinions delivered July 2, 1997


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Cannon v. State (Crabtree, J.) CACR96-1018
Appeal & error -- Timely filing of notice of appeal is jurisdictional; absent effective notice of appeal appellate court lacked jurisdiction; abstract flagrantly deficient; judgment affirmed. [ASCII, WP5.1]

Golden v. Westark Community College (Roaf, J.) CA96-1338
Workers' compensation -- Rational relationship found between legitimate governmental purposes and age classification in offset statutes; no clear expression of congressional intent to preempt state's administration of workers' compensation benefits; preemption could not be implied; substantial evidence supported Commission's decision that appellant was entitled to twenty percent disability rating. [ASCII, WP5.1]

Kildow v. Baldwin Piano & Organ (Crabtree, J.) CA96-1268
Workers' compensation -- Rapid repetitive motion injury; Commission's requirement that claimants prove "exact, or almost exactly the same movement again and again" erroneous as matter of law; appellant's assembly-line work qualified as "rapid repetitive" in ordinary and generally accepted meaning of words; matter reversed and remanded for award of benefits. [ASCII, WP5.1]

Stepp v. Gray (Roaf, J.) CA96-730
Divorce -- Child-support modification; depreciation deduction should properly have been considered in awarding child support; tax return alone not accurate indicator of noncustodial parent's available expendable income; omission of spendable income without entering specific finding on record error; chancellor deviated from child-support chart without making requisite written finding; case remanded for further consideration of depreciation issue. [ASCII, WP5.1]

Tillman v. Baldwin & Shell Constr. (Pittman, J.) CA96-1387
Workers' compensation -- No error found in Commission's ruling that hemorrhoids were not compensable injury; statute in no way ambiguous. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bhatti v. McCabe, CA 96-964 (Roaf, J.), affirmed July 2, 1997.

Blankenship v. National Home Ctrs., Inc., CA 96-943 (Jennings, J.), affirmed July 2, 1997.

Carson Fin. Group, Inc. v. Potty Pals, Inc., CA 96-1157 (Jennings, J.), affirmed July 2, 1997.

Fletcher v. State, CA CR 97-44 (Robbins, C.J.), affirmed July 2, 1997.

Handy v. State, CA CR 97-73 (Pittman, J.), affirmed July 2, 1997.

In the Matter of Contempt of Counsel (Per Curiam), George Stone ordered to appear and show cause July 2, 1997.

Johnson v. State, CA CR 97-151 (Stroud, J.), affirmed July 2, 1997.

Noel v. State, CA CR 97-78 (Bird, J.), affirmed July 2, 1997.

Poulan/Weed Eater v. Davis, CA 96-1262 (Griffen, J.), reversed in part; affirmed in part.

Sanders v. Sanders, CA 96-752 (Griffen, J.), affirmed July 2, 1997.

Smith v. State, CA CR 96-1071 (Griffen, J.), affirmed on direct appeal; affirmed on cross-appeal July 2, 1997.

Standridge v. State, CA CR 96-124 (Griffen, J.), affirmed July 2, 1997.

Warren v. Tuminello, CA 96-587 (Jennings, J.), reversed and remanded July 2, 1997.

PER CURIAM ORDERS

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

CACR96-1040. Vaughn Dale Kirkendoll v. State of Arkansas, from Van Buren Circuit.

CA96-383. James Sheridan Lewis, Sr. et al. v. United Services Automobile Associates, from White Circuit. Pittman, J., not participating.

CA96-476. Erich Diener et al. v John Ratterree, from Crawford Chancery.

CA96-531. Joseph W. Brown v. Carrie L. Brown (Renaud), from Pulaski Chancery, Second Division.

CA96-607. S. A. Ferguson et al. v. Dorothy Ferguson, from Yell Chancery, Southern District.

CA96-683. Monid B. Mearns v. Joyce C. Mearns, from Pope Chancery.

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CACR96-377. Kenneth Michael Boley v. State of Arkansas, from Faulkner Circuit. Motion of Robert W. Bush for attoney's fees. Granted. Allowed $750.00.

CACR96-609. Kirk Luster v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees. Granted. Allowed $750.00.

CACR96-737. Michael Branch v. State of Arkansas, from Sebastian Circuit. Motion of R. Paul Hughes III for attorney's fees. Granted. Allowed $850.00.

CACR96-895. Ronnie Smith v. State of Arkansas, from Lafayette Circuit. Motion of Charles A. Potter for attorney's fees. Granted. Allowed $750.00. Stroud, J., not participating.

CACR96-903. Kevin Speed v. State of Arkansas, from Phillips Circuit. Motion of Raymond F. Galloway for attorney's fees. Granted. Allowed $750.00.

CACR96-974. Larry G. Shue v. State of Arkansas, from Lincoln Circuit. Motion of Maxie G. Kizer for attorney's fees. Granted. Allowed $750.00.

CACR96-1026. Eldon Ray Bias v. State of Arkansas, from Polk Circuit. Motion of Randy Rainwater for attorney's fees. Granted. Allowed $750.00.

CACR96-1027. Tony Underwood v. State of Arkansas, from Polk Circuit. Motion of Randy Rainwater for attorney's fees. Granted. Allowed $750.00.

CACR96-1413. Charles Ed Hill v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees. Granted. Allowed $700.00.

CACR97-102. Clarence Manning v. State of Arkansas, from Craighead Circuit. Appellee's motion to file a belated brief. Granted.

CACR97-472. Jimmy Seek v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Lewis W. Littlepage to withdraw as counsel for appellant and to substitute Stewart Vess as counsel. Granted.

CA96-316. Roy O. McWilliams et ux. v. Billy Bob Sullivan, from Pulaski Chancery, Third Division. Appellants' motion for clarification. Granted.

CA96-801. John Caldwell v. Department of Human Services, from Pope Chancery, Juvenile Division. Motion of Paul H. Lee for attorney's fees. Motion remanded to trial court. See Evans v. Ark. Dept. of Human Services, 48 Ark. App. 157, 892 S.W.2d 525 (1995); Cochran v. Ark. Dept. of Human Services, 44 Ark. App. 106, 865 S.W.2d 651 (1993).

CA96-943. Joseph Blankenship et al. v. National Home Centers, Inc., from Pulaski Chancery, Sixth Division. Appellee's motion for attorney's fees and costs. Granted. Allowed $3,500.00.

CA96-1308. Oscar Mathews et ux. v. Ozark Welding and Industrial Supply, Inc., from Benton Chancery. Appellee's motion for brief time. Granted. Final extension. Crabtree, J., not participating.

CA97-400. Jarrell E. Southall et ux. v. Little Rock Newspapers, Inc. et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal. Denied. Arey, Bird and Griffen, JJ., would grant.

CA97-503. Jonathan Byers v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $200.00.

CA97-653. Department of Parks & Tourism et al. v. Belinda Gail Helms, from Workers' Compensation Commission. Appellants' motion for extension of time to file the complete record. Granted. Brief due August 15, 1997.

In the Matter of Contempt of Counsel. George Stone ordered to appear and show cause. See per curiam issued this date.