ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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332 Ark.

Opinions delivered
April 9, 1998


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Anderson v. Graham (Brown, J.) 97-58
Evidence -- Sufficient evidence to support jury verdict that appellee acted reasonably under circumstances; trial court did not err in denying either motion for directed verdict or motion for new trial. [ASCII, WP5.1]

Barrera v. Vanpelt (Glaze, J.) 97-801
Wills -- Evidence sufficient to overcome presumption that will revoked; will properly probated; case affirmed. [ASCII, WP5.1]

Cortinez v. Supreme Court Comm. on Prof'l Conduct (Newbern, J.) 97-789
Attorney & client -- Committee on Professional Conduct could have concluded that attorney-client relationship was formed with respect to wrongful-discharge claim; Model Rule of Professional Conduct 1.16(d) applicable; evidence existed from which Committee could have found that appellant had client's papers in his possession and failed to return them. [ASCII, WP5.1]

D. B. Griffin Warehouse, Inc. v. Sanders (Per Curiam) CA97-1573
Appeal & error -- Record tendered within jurisdictional time frame; motion to dismiss denied. [ASCII, WP5.1]

Daniel v. Jones (Corbin, J.) 97-634
Taxation -- Voters' right to full disclosure of how revenues would be spent outweighed consideration of legislature's authority to establish scheme of distribution; use of revenues for purposes not designated by levying ordinance and ballot constituted illegal exaction; case reversed and remanded. [ASCII, WP5.1]

Diehl v. State (Per Curiam) CR98-304
Appeal & error -- Motion for belated appeal granted. [ASCII, WP5.1]

Hames v. Cravens (Arnold, C.J.) 97-687
Corporations -- Derivative action; trial court correctly found appellants lacked standing to assert claims relating to harm suffered by company; trial court's decision to dismiss affirmed. [ASCII, WP5.1]

Holcomb v. Holcomb (Per Curiam) 97-972
Appeal & error -- Motion to dismiss appeal granted; case remanded for resolution of issues. [ASCII, WP5.1]

New Prospect Drilling Co. v. First Commercial Trust, N.A. (Newbern, J.) 97-615
Evidence -- Opinions given by officer permissible; both juror and attorney misconduct alleged; no abuse of discretion in denial of new-trial motions. [ASCII, WP5.1]

Robert D. Holloway, Inc. v. Pine Ridge Addition Residential Property Owners (Arnold, C.J.) 97-748
Constitutional law -- Separation of powers violated by absence of statutory language directing chancery court to use particular method of computing tax levy; Ark. Code Ann. § 14- 94-127 held unconstitutional; summary judgment affirmed. [ASCII, WP5.1]

Smith v. State (Per Curiam) CR98-329
Appeal & error -- Motion for rule on clerk; good cause for granting. [ASCII, WP5.1]


ORIGINAL SYLLABUS
W. H. "DUB" ARNOLD, CHIEF JUSTICE:

97-687. Pat Hames and Ben Robinson v. Marybeth Cravens, from Pulaski Circuit. Affirmed. Newbern, Corbin, and Brown, JJ., dissent. (7 PAGES + 8 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

97-748. Robert D. Holloway, Inc. v. Pine Ridge Addition Residential Property Owners, from Pulaski Chancery. Affirmed. (5 PAGES PUBLISHED) [ASCII, WP5.1]

DAVID NEWBERN, JUSTICE:

97-615. New Prospect Drilling Co. v. First Commercial Trust, N.A. as Administrator of the Estate of Jolene Marie Jones, Deceased, from Pope Circuit. Affirmed as Modified. (19 PAGES PUBLISHED) [ASCII, WP5.1]

97-789. Robert R. Cortinez, Sr. v. Supreme Court Committee on Professional Conduct, from the Supreme Court Committee on Professional Conduct. Affirmed. (13 PAGES PUBLISHED) [ASCII, WP5.1]

TOM GLAZE, JUSTICE:

97-801. Bellinda Barrera v. Annette Vanpelt, from Pulaski Probate. Affirmed. (8 PAGES PUBLISHED) [ASCII, WP5.1]

DONALD L. CORBIN, JUSTICE:

97-634. Darin Daniel and Dana Honeycutt-Daniel, on Behalf of Themselves and the Citizens, Residents, Taxpayers and Inhabitants of White County, Arkansas v. The Honorable Glen Jones, County Judge of White County, Arkansas et al., from White Chancery. Reversed and Remanded. (15 PAGES PUBLISHED) [ASCII, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-58. Patricia Anderson and Nina Kelly v. Herbert Graham, Roger Raney and W. A. Raney d/b/a R & W Trucking Company, a Partnership, from Lafayette Circuit. Affirmed. Thornton, J., not participating. (9 PAGES PUBLISHED) [ASCII, WP5.1]

PER CURIAM ORDERS

CA97-1573. D. B. Griffin Warehouse, Inc. v. Margaret Sanders, Individually and as Administratrix of the Estate of Charles Sanders, Deceased, from Phillips Circuit. Appellee's motion and supplemental motion for rule on clerk and to dismiss appeal. Motion to dismiss denied. See per curiam this date. Newbern, J., not participating. (2 PAGES PUBLISHED) [ASCII, WP5.1]

97-972. Melissa Holcomb v. R. F. Holcomb, from Washington Probate. Appellee's motion to dismiss appeal. Motion granted; appeal dismissed; case remanded. See per curiam this date. Glaze, J., would submit and ask for briefs. (2 PAGES PUBLISHED) [ASCII, WP5.1]

97-972. Melissa Holcomb v. R. F. Holcomb, from Washington Probate. First amended motion for dismissal of appeal. See per curiam this date.

CR97-943. Larry Paul Morgan v. State of Arkansas, from Drew Circuit. Appellant's motion to file belated reply brief is granted. CR97-1507. Reno Richie Swopes (Muhammad) v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to supplement record on appeal is granted.

CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit, Northern District. Appellee's motion to remand is granted.

CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit, Northern District. Pro se motion not to remand is denied.

CR98-304. Edwin G. Diehl v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR98-329. Jason Mark Smith v. State of Arkansas, from Benton Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

97-408. Acxiom Corporation v. Timothy Leathers, Commissioner of Revenues, Department of Finance and Administration, State of Arkansas, from Pulaski Chancery, Fourth Division. Appellant's motion for taxation of costs is denied.

97-846. Bill Golden v. Westark Community College, from Workers' Compensation Commission. Appellant's motion to reschedule oral argument is denied.

CA97-1127. Ralph Nesbitt v. Heather Patrice Hogrobrooks, from St. Francis Circuit. Appellant's motion for reconsideration is denied. CA97-1131. Ottie Hooker v. John Deere Company, Deere Credit Services, Inc. and Producers Tractor Company, from St. Francis Chancery. Appellant's motion to expedite is denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR97-865. John E. Medlock v. City of Fort Smith, from Sebastian Circuit, Fort Smith District.

CR97-1276. Kathy Stewart v. State of Arkansas, from Pulaski Circuit, Sixth Division.

97-400. Jarrell E. Southall and Barbara J. Southall v. Little Rock Newspapers, Inc. and Bobbi Ridlehoover, from Pulaski Circuit, Third Division.

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PETITIONS FOR REVIEW:

CR98-261. Henry Silas Killian v. State of Arkansas, from Crawford Circuit.

CR98-320. Dana Daniel Thetford v. State of Arkansas, from Craighead Circuit, Western District.

98-282. Wade Lucas v. Tanya Grant, Administratrix, from Saline Chancery.

98-288. ERC Contractor Yard & Sales and Liberty Mutual Insurance v. Lonnie Robertson, from Workers' Compensation Commission.

98-289. Frances Brooks v. Richard Potter, Jr., from Pulaski Circuit, Sixth Division.

98-302. High Capacity Products v. Gwendel L. Moore, from Workers' Compensation Commission.

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CR97-1004. Ronita Faith Bell v. State of Arkansas, from Conway Circuit. Attorney Steve Kirk is ordered to appear and show cause today at 9:00 a.m.

CR96-33. Darrel Wayne Hill v. State of Arkansas, from Montgomery Circuit. Appellant's motion to recall mandate.

CR97-49. Dennis Dale Sublett v. State of Arkansas, from Faulkner Circuit. Joint motion for compliance.

CR97-163. Gary Dean Owens and Judy Christine Owens v. State of Arkansas, from Franklin Circuit, Northern District. Appellee's motion for extension of time and/or to stay appellee's brief time.

CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to file enlarged brief.

CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Appellant's motion to file enlarged reply brief.

CR97-766. Larry Donihoo v. State of Arkansas, from Miller Circuit. Appellee's motion to dismiss appeal.

CR97-930. Don Mallett v. State of Arkansas, from Baxter Circuit. Motion of Andrew Clark to be relieved as attorney of record and for extension of time to file brief.

CR97-949. Marcel Wayne Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion for extension of time to file brief.

CR97-1212. Billy Richard Marts II v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to file a corrected brief and for permission to comply with Ark. Sup. Ct. R. 4-3(h).

CR97-1236. Robert Lovell Brown v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file a belated brief.

CR97-1534. Randolph George Hicks v. State of Arkansas, from Baxter Circuit. Entry of appearance of Attorney Edward Witt Chandler.

CR98-109. Henry Lee Brazil v. State of Arkansas, from Dallas Circuit. Motion for rule on clerk.

CR98-353. Ben Wesley Hicks v. State of Arkansas, from Garland Circuit. Motion for rule on clerk.

CR98-373. Nathan Elliott v. State of Arkansas, from Van Buren Circuit. Motion for rule on clerk.

96-843 & 96-1060. Unigard Security Insurance Company and Employers Surplus Lines Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Appellants' motion to amend mandate.

97-895. James Preston Boyd, Jr. v. Richard Weiss, Director of the Arkansas Department of Finance and Administration et al., from Pulaski Chancery, Third Division. Appellees' motion for additional time for oral argument.

97-1099. Darryl A. Littles v. Gina Felicia Flemings (Foster) et al., from Pulaski Chancery, Ninth Division. Appellee's motion to reschedule oral argument.

97-1377. Gloria Macon, Administratrix et al. v. Conway Corporation, from Faulkner Circuit. Appellee's motion to dismiss appeal.

97-1471. Ratliff Enterprises, Inc. v. American Employers Insurance Company, from Jefferson Chancery. Motion to admit Jack F. Fuchs pro hac vice on behalf of appellee American Employers Insurance Company.

97-1551. Ronald Kuligowski v. Amlease, Inc. and GAB Business Services, Inc., from Workers' Compensation Commission. Appellees' motion to dismiss petition for review.

98-344. Edward D. Hill et al. v. The Arkansas Board of Private Investigators and Private Security Agencies, from Pulaski Circuit, First Division. Motion for rule on clerk.

98-344. Edward D. Hill et al. v. The Arkansas Board of Private Investigators and Private Security Agencies, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal.

98-377. Deborah Washington v. Roberta Collins and Sonia Shackelford, from Benton Circuit. Appellees' motion to dismiss appeal.

SUBMISSIONS

96-1351. John M. Mason v. Wal-Mart Stores, from Crittenden Circuit. Argued orally.

97-832. Fred Rehat v. Akbar Golmirzaie, from Washington Chancery. Argued orally.

CR97-450. Vincent James Hussey v. State of Arkansas, from Drew Circuit.

97-608. Country Corner Food and Drug, Inc. v. First State Bank & Trust Company of Conway, Arkansas, from Faulkner Chancery.

97-811. Central Emergency Medical Services, Inc. v. State of Arkansas, from Washington Circuit.

97-830. Arkansas Oklahoma Gas Corporation v. Waelder Oil & Gas, Inc., from Crawford Chancery.

97-831. Barbara S. Morse v. Sentry Life Insurance Company, from Crawford Circuit.

97-868. James Rhodes v. State of Arkansas, from Pulaski Circuit, Fourth Division.