Adams v. Arthur (Imber, J.) 96-1350
Judgment -- Summary judgment affirmed for doctors in appellant A's case; doctor's statements did not create fact question as to fraudulent concealment; summary judgment for doctors reversed in appellants R and S's case; representation concerning nature of material to be used in surgery created fact question as to fraudulent concealment; summary judgment for doctors reversed in case of appellants B and C; alleged misrepresentation created fact question as to fraudulent concealment.summary judgment for doctors affirmed in case of appellants G and H; fact question as to fraudulent concealment not established; summary judgment for doctors affirmed in case of appellants L and M; no representations made concerning material to be used in surgery; summary judgment for doctors reversed in cases of appellants E and F, P and Q, N and O, K, and D; representations created fact question as to fraudulent concealment; summary judgment for doctors reversed in case of appellants I and J; representation that material was "not experimental" created fact question as to fraudulent concealment summary judgment for hospitals affirmed on fraudulent-concealment claims; evidence of affirmative conduct lacking; summary judgment for hospitals Limitation of actions; Medical Malpractice Act's two- year period governed appellants' product-liability claims; trial court did not err in declining to find Medical Malpractice Act's limitations period unconstitutional. [ASCII, WP5.1]

Ayers v. State (Per Curiam) CR97-368
Contempt -- Show-cause order issued. [ASCII, WP5.1]

Cook v. State (Brown, J.) CR97-1215
Automobiles -- Circuit court may suspend licenses for moving traffic violations; appellant's license properly suspended by circuit court. [ASCII, WP5.1]

First Commercial Bank, N.A. v. Walker (Thornton, J.) 96-1495
Corporations -- Officers; no showing that individual appellee made contribution toward payment of guaranteed notes; majority shareholder did not have standing to pursue causes for action belonging to corporate borrowers; acted only as guarantor; corporation not in existence cannot initiate lawsuit. [ASCII, WP5.1]

Garcia v. State (Brown, J.) 97-765
Juveniles -- Application of statutory presumption did not violate due process rights; case affirmed. [ASCII, WP5.1]

Golden v. Westark Community College (Brown, J.) 97-846
Workers' compensation -- Arkansas Code Annotated § 11-9-522(f)(1996) worked disincentive on those age sixty-five or older to seek gainful employment to supplement social security benefits; no rational basis found for offsetting workers' compensation and social security benefits; statute unconstitutional. [ASCII, WP5.1]

Johnson v. State (Newbern, J.) CR97-144
Appeal & error -- Abstract flagrantly deficient; case affirmed. [ASCII, WP5.1]

Mason v. Wal-Mart Stores, Inc. (Newbern, J.) 96-1351
Contracts -- Tortious interference with contractual relationship; improper conduct alleged; none found. [ASCII, WP5.1]

Schlesier v. State (Per Curiam) CR97-399
Contempt -- Order to appeal and show cause dismissed. [ASCII, WP5.1]

Thompson v. State (Imber, J.) CR98-76
Search & seizure -- Warrantless inventory search of impounded vehicle; officer justified in impounding and completing inventory of vehicle; appellant's Fourth Amendment rights not violated. [ASCII, WP5.1]

Tortorich v. Tortorich (Glaze, J.) 97-884
Divorce -- Chancellor's order of alimony arrearages proper; letter opinion part of court's findings; second chancery court had not power to issue order. [ASCII, WP5.1]

Wofford v. State (Per Curiam) CR97-38
Appeal & error -- Additional briefing ordered. [ASCII, WP5.1]

Coleman v. Norris, CR 97-771 (Per Curiam), petition for rehearing denied April 30, 1998

Frazier v. State, CR 97-131 (Per Curiam), affirmed April 30, 1998.

Hancock v. Patterson, CR 98-274 (Per Curiam), Pro Se Petition for Writ of Mandamus moot April 30, 1998.

Lukach v. State, CR 97-256 (Per Curiam), affirmed April 30, 1998

Meux v. State, CR 97-1542 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment denied April 30, 1998.

Newton v. State, CA CR 96-1455 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript and Other Material at Public Expense denied April 30, 1998.

Owens v. State, CR 97-163 (Per Curiam), Pro Se Joint Motion to File Amended Appellants' Brief and for Extension of Time to File Appellant's Brief granted; Pro Se Joint petition for Writ of Certiorari denied April 30, 1998.

Stipes v. May, CR 97-1343 (Per Curiam), Pro Se Motion for Duplication of Brief at Public Expense denied and appeal dismissed April 30, 1998.

CR97-144. James Wesley Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. (3 PAGES PUBLISHED) [ASCII, WP5.1]

96-1351. John M. Mason v. Wal-Mart Stores, Inc., from Crittenden Circuit. Affirmed. Special Justice Lynn Williams joins in this opinion. Arnold, C.J., and Glaze, J., dissent. Corbin, J., not participating. (17 PAGES PUBLISHED) [ASCII, WP5.1]

TOM GLAZE, JUSTICE:

97-884. Tony Tortorich v. Pam Tortorich, from Pulaski Chancery. Affirmed. Corbin and Brown, JJ., not participating. (8 PAGES PUBLISHED) [ASCII, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR97-1215. Ricky L. Cook v. State of Arkansas, from Washington Circuit. Affirmed. Glaze, J., concurs. (5 PAGES PUBLISHED) [ASCII, WP5.1]

97-765. Joshua Garcia v. State of Arkansas, from Pope Chancery, Juvenile Division. Affirmed. Newbern, Glaze, and Imber, JJ., dissent. (11 PAGES + 10 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

97-846. Bill Golden v. Westark Community College and Public Employee Claims Division, from Arkansas Workers' Compensation Commission. Affirmed in Part; Reversed in Part and Remanded. Arkansas Court of Appeals Affirmed in Part; Reversed in Part. (15 PAGES PUBLISHED) [ASCII, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR98-76. David Thompson v. State of Arkansas, from Benton Circuit. Affirmed. (9 PAGES PUBLISHED) [ASCII, WP5.1]

96-1350, 96-1470, 96-1415, 96-1407, 96-1355, 96-1354, 96-1414, 96- 1406, 96-1409, 96-1408, 96-1405, and 96-1365. Jerry Adams; Orville Beavers and Mary Beavers; Phyllis Dexter, Patricia Foshee and Carl Foshee; Deborah Ann Johnson and John Johnson; Darlene and Eddie Kinder; Ludivinia Gallegos Miller; Kenneth Mitchell and Jan Mitchell; Shelia Orrell and Tommy Orrell; Carl Rae and Priscilla Rae; Randy Stewart and Deondra Stewart, David Trusty and Pam Trusty v. James Arthur, M.D.; Allan Gocio, M.D.; Hot Springs Neurosurgery Clinic, P. A.; American Medical International, Inc. d/b/a National Park Medical Center; St. Joseph's Regional Health Center, P.A., from Garland Circuit. Nos. 96-1350, 96-1355, 96-1406, Affirmed. Nos. 96-1405, 96-1407, 96-1408, 96-1409, 96-1414, 96-1415, 96-1365, 96- 1354, 96-1470, Affirmed in Part, Reversed and Remanded in Part. Special Justices Bob Leslie, Jim Pender, Warren Dupwe, and LeAnne Daniel join in this opinion. Newbern, Glaze, Corbin, and Brown, JJ., not participating. (48 PAGES PUBLISHED) [ASCII, WP5.1]

RAY THORNTON, JUSTICE:

96-1495. First Commercial Bank, N.A. v. Michael W. Walker, Aearth Development, Inc., Aearth Preparation, Inc., and Coal Processors, A Joint Venture, from Pulaski Circuit, Second Division. Reversed and Dismissed. Special Justices J. W. Green, Jr., and Mark Klappenbach join in this opinion. Special Justice Hani W. Hashem concurs. Glaze, Brown, and Imber, JJ., not participating. (13 PAGES + 2 PAGES CONCUR PUBLISHED) [ASCII, WP5.1]

PER CURIAM OPINIONS:

CR97-131. Everett Frazier v. State of Arkansas, from Benton Circuit. Affirmed. (3 PAGES UNPUBLISHED)

CR97-256. John Richard Lukach v. State of Arkansas, from Lincoln Circuit. Affirmed. (3 PAGES UNPUBLISHED)

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

CR97-525. Evote Humphrey v. State of Arkansas, from Lafayette Circuit. Arnold, C.J., and Glaze, J., would grant.

CR97-771. Lee Coleman v. Larry Norris, Director, Arkansas Department of Correction, from Pulaski Circuit, Second Division. See per curiam this date. (2 PAGES UNPUBLISHED)

REVIEW GRANTED: Petition for review was granted today in the following case.

98-338. Charles W. Freshour v. Brenda West and State of Arkansas ex rel. Office of Child Support Enforcement, from Pulaski Chancery. Corbin, J., not participating.

REVIEW DENIED: Petition for review was denied today in the following case.

98-380. Financial Benefit Life Insurance Co. et al. v. Mark Weedman, Jr., Individually and as Administrator of the Estate of Mark Weedman, Sr., deceased, from Pulaski Circuit, Fifth Division.

CR97-399. Robin K. Schlesier v. State of Arkansas, from Monroe Circuit. Order to appear and show cause dismissed. See per curiam this date. (4 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-38. Stephanie Kay Wofford v. State of Arkansas from Sebastian Circuit, Fort Smith District. Additional briefing ordered. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Motion to file amended motion for enlarged reply brief is denied.

CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Amended motion to file enlarged reply brief is denied.

CR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Petition for writ of certiorari. Granted 60 days to complete record.

CR98-255. David Wayne Kelch v. Hon. Harold Erwin, Judge, from Jackson Circuit. Petitioner's motion for accelerated proceeding is denied.

CR98-423. Sedric Maurice Simpson v. Sheriff of Dallas County, Arkansas, from Dallas Circuit. Respondent's motion to allow belated response to petition for writ of habeas corpus is granted.

98-283. The Clifford Family Limited Liability Company et al. v. Donald Cox and Lucille M. Cox, from Benton Chancery. Appellees' motion to file supplemental brief is granted.

98-409. Stacy Abram, Jr. v. Cathy Moore, from Crittenden Chancery. Motion for rule on clerk is denied without prejudice to allowing supplementation of record with February 17, 1998, notice of appeal. CA97-1439. Mario Harris v. State of Arkansas, from Union Chancery. Appellee's motion to dismiss appeal is granted.

CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Order to appear and show cause. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-163. Gary D. Owens and Judy C. Owens v. State of Arkansas, from Franklin Circuit, Northern District. Pro se joint motion to file amended appellants' brief and for extension of time to file appellant's brief and pro se joint petition for writ of certiorari. Motion for amended brief and extension of time granted; petition for writ of certiorari denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1343. J. W. "Dub" Stipes v. Larry May, Warden and State of Arkansas, from White Circuit. Pro se motion for duplication of brief at public expense. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR97-1542. Marvin L. Meux v. State of Arkansas, from Crittenden Circuit. Pro se motion for belated appeal of judgment. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-274. William R. Hancock v. Honorable John S. Patterson, Judge, from Franklin Circuit, Ozark District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)

CACR96-1455. Joe Newton v. State of Arkansas, from Pulaski Circuit. Pro se motion for photocopy of trial transcript and other material at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

PETITIONS FOR REVIEW:

CR98-441. Irene Waddle v. State of Arkansas, from Yell Circuit, Southern District.

98-399. David J. Potter v. Margaret Magee, from Miller Circuit.

98-401. Allen Canning Company v. Ivan Lewis, from Workers' Compensation Commission.

CR97-1515. Robert Green v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and for brief time to amend abstract.

CR98-145. Ken Kittler v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal.

CR98-278. Perry M. Guynn v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file a belated appeal.

CR98-426. David L. McGrew v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for rule on clerk.

97-310. Richard Jacoby et al. v. Arkansas Department of Education, Vocational and Technical Education Division, from Pulaski Circuit, First Division. Appellee's motion to recall mandate.

98-165. Night Clubs, Inc. d/b/a Regina's House of Dolls, II v. The City of Fort Smith et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to supplement the record.

98-442. Shonda Renee Ryan v. Donald Lee Jones, from Arkansas Chancery, Southern District. Petition for writ of certiorari.

98-442. Shonda Renee Ryan v. Donald Lee Jones, from Arkansas Chancery, Southern District. Respondent's motion to dismiss.

CA98-392. Mary Frances Shirley, Individually and as Executrix of the Estate of Charles Shirley v. Phico Insurance Company and Paul J. Huffstutter, from Crittenden Circuit. Appellee's motion to transfer.

CA98-392. Mary Frances Shirley, Individually and as Executrix of the Estate of Charles Shirley v. Phico Insurance Company and Paul J. Huffstutter, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR97-1043. James Jameson v. State of Arkansas, from Craighead Circuit, Western District. Argued orally.

97-924. Ozark Unlimited Resources Cooperative v. Edward C. Daniels, Jr., from Boone Circuit.

97-948. Kevin W. Layman v. James Larry Bone, from Sebastian Circuit, Fort Smith District.

97-966. Robert Lee Payne v. State of Arkansas, from Clark Circuit.

97-967. Southern Transit Company, Inc. v. Eugene Collums, from Hempstead Circuit.

97-974. Carolyn Gourley v. Crossett Public Schools, from Ashley Circuit.

97-982. Stephen Moore v. Arkansas Department of Human Services, from Washington Chancery.