A.C.E., Inc. v. Inland Mtg. Co. (Glaze, J.) 97-907
Banks & banking -- Appellant delivered possession of check to other joint payee; appellee's underlying obligation on debt was discharged under Ark. Code Ann. § 4-3-414(c) when payment was made on check; court's dismissal proper. [ASCII, WP5.1]

Collins v. Keller (Glaze, J.) 97-1012
Property -- Appellants failed to act timely under provisions of both Truth-Lending and Interstate Land Sales Acts; defense not asserted until more than three years after contract consummated; appellants were not entitled to rescission of contract; forfeiture provisions of parties' contract were valid and timely enforced. [ASCII, WP5.1]

Financial Benefit Life Ins. Co. v. Weedman (Per Curiam) 98-380
Appeal & error -- Ark. R. App. P.--Civ. 11 requires that statements alleged must appear in record to be considered well grounded in fact; appellee's request for attorney's fees granted. [ASCII, WP5.1]

Golden Tee, Inc. v. Venture Golf Sch., Inc. (Thornton, J.) 97-878
Partnership -- Action for breach of partnership agreement; limited partner should have asserted claims in derivative suit; summary judgment affirmed; action for fraud may be brought as individual or derivative suit; appellant did not meet burden of proving misrepresentation; trial court did not err in granting summary judgment. [ASCII, WP5.1]

Hodges v. Huckabee (Brown, J.) 97-1034
Appeal & error -- Trial court's order failed to dispose of appellant's complaint against appellee governor; appeal dismissed without prejudice. [ASCII, WP5.1]

Jones v. State (Arnold, C.J.) CR97-1268
Statutes -- Ark. Code Ann. § 5-74-108 sufficiently clear to overcome vagueness challenge; case affirmed in part; circuit court had no jurisdiction to try separate appellant for second-degree battery; case reversed and remanded in part for transfer to juvenile court. [ASCII, WP5.1]

Moore v. State (Per Curiam) CR98-478
Appeal & error -- Motion for rule on clerk; counsel must concede fault. [ASCII, WP5.1]

Mosley v. State (Per Curiam) CR95-872
Appeal & error -- Writ of error coram nobis; newly discovered evidence not basis for relief; petitioner did nto demonstrate necessary grounds for issuance; petition denied. [ASCII, WP5.1]

Ozarks Unlimited Resources Coop., Inc. v. Daniels (Arnold, C.J.) 97-924
Schools & school districts -- Education service cooperatives; trial court did not err in determining that appellant cooperative was not entitled to sovereign immunity; trial court did not err in finding appellant's five-year lease was not violative of Ark. Code Ann. § 6-20-402; appellee's effective termination of lease rendered jury instruction permitting award for damages after sale date erroneous; trial court did not err in setting aside portion of award for damages after sale date. [ASCII, WP5.1]

Ross v. Southern Farm Bureau Cas. Ins. Co. (Newbern, J.) 97-995
Civil procedure -- Unclear whether error properly characterized as clerical; Ark. R. Civ. P. 60's ninety-day limit on modification by trial court applicable. [ASCII, WP5.1]

Simpson v. Sheriff of Dallas County (Per Curiam) CR98-423
Habeas corpus -- Petition for; pretrial detainee's motion for release denied under Ark. R. Crim. P. 28.1; detainee may then file petition for habeas corpus in supreme court; appellant's detention not in violation of Rule 28.1(a). [ASCII, WP5.1]

Barry v. State, CR 96-1145 (Per Curiam), affirmed May 14, 1998.

Brown v. Ross, 98-66 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied May 14, 1998.

Dixon v. Cole, CR 97-792 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 14, 1998.

Natt v. State, CR 97-1481 (Per Curiam), Pro Se Motion to File Belated Appellant's Brief denied and appeal dismissed May 14, 1998.

Sanders v. State, CR 97-679 (Per Curiam), affirmed May 14, 1998.

Voss v. State, CR 98-258 (Per Curiam), Pro Se Petition for Writ of Certiorari denied and appeal dismissed May 14, 1998.

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

CR97-1268. Corey Jones, Chantez McGhee, and Dale Marcus Shaffer v. State of Arkansas, from Sebastian Circuit. Affirmed in Part; Reversed and Remanded in Part. (5 PAGES PUBLISHED) [ASCII, WP5.1]

97-924. Ozarks Unlimited Resources Cooperative, Inc. v. Edward C. Daniels, Jr. and Edward C. Daniels, III, from Boone Circuit. Affirmed. Corbin, Brown, and Imber, JJ., concur. Glaze, J., not participating. (12 PAGES PUBLISHED) [ASCII, WP5.1]

DAVID NEWBERN, JUSTICE:

97-995. Jerry L. Ross v. Southern Farm Bureau Casualty Insurance Co., from Lee Circuit. Reversed and Dismissed. (6 PAGES PUBLISHED) [ASCII, WP5.1]

TOM GLAZE, JUSTICE:

97-907. A.C.E., Inc. v. Inland Mortgage Company and West Star Financial Corporation, from Pulaski Circuit. Affirmed. (8 PAGES PUBLISHED) [ASCII, WP5.1]

97-1012. Aaron Collins and Diane Collins v. Burl Keller, Carol Keller, and Jeremy's Investments, Inc., from Crawford Chancery. Affirmed. (9 PAGES PUBLISHED) [ASCII, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-1034. Carol J. Hodges v. Mike Huckabee and Tom Dalton, from Pulaski Chancery. Appeal Dismissed. (7 PAGES PUBLISHED) [ASCII, WP5.1]

RAY THORNTON, JUSTICE:

97-878. Golden Tee, Inc. v. Venture Golf Schools, Inc. and Cooper Communities, Inc., from Garland Circuit. Affirmed. (14 PAGES PUBLISHED) [ASCII, WP5.1]

PER CURIAM OPINIONS:

CR96-1145. William Barry v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (5 PAGES UNPUBLISHED)

CR97-679. Raymond Sanders v. State of Arkansas, from Hot Spring Circuit. Affirmed. (3 PAGES UNPUBLISHED)

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

97-634. Darin Daniel et al. v. Hon. Glen Jones, County Judge et al., from White Chancery. (appellees White County) Thornton, J., would grant.

97-634. Darin Daniel et al. v. Hon. Glen Jones, County Judge et al., from White Chancery. (appellees Cities) Thornton, J., would grant.

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

98-403. Routh Wrecker Service, Inc. and Ronald Routh v. Codney A. Washington, from Pulaski Circuit, Third Division. Corbin, J., not participating.

CR98-423. Sedric Maurice Simpson v. Sheriff of Dallas County, Arkansas, from Dallas Circuit. Petition for writ of habeas corpus is denied. See per curiam this date. Arnold, C.J., and Glaze and Corbin, JJ., concur in part and dissent in part. (11 PAGES + 3 PAGES CONCUR PUBLISHED) [ASCII, WP5.1]

98-380. Financial Benefit Life Insurance Company et al. v. Mark Weedman, Jr. et al., from Pulaski Circuit, Fifth Division. Appellees' motion for Rule 11 sanctions is granted. See per curiam this date. (4 PAGES PUBLISHED) [ASCII, WP5.1]

CR95-1218. Cleotis Willis v. State of Arkansas, from Union Circuit. Appellant's motion for bail on appeal is denied.

CR98-478. George Mitchell Moore v. State of Arkansas, from Yell Circuit, Northern District. Motion to file belated appeal. Motion for rule on the clerk denied. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Appellant's motion for extension of time to file record and for writ of certiorari to complete the record. Granted thirty days. Final extension.

CR98-500. Larry Osborn v. Hon. Phillip H. Shirron, Judge, from Saline Circuit. Petition for writ of prohibition is denied without prejudice to raise issue on appeal.

97-634. Darin Daniel et al. v. Hon. Glen Jones, County Judge et al., from White Chancery. Motion of City of Little Rock to file brief as amicus curiae in support of a petition for rehearing is granted.

97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellee's motion to dismiss appeal. Motion to be submitted with briefs on appeal.

97-1564. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission. Appellee's motion to file a belated brief is granted.

98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Appellant's second petition for writ of supersedeas is denied.

98-288. ERC Contractor Yard & Sales and Liberty Mutual Insurance v. Lonnie Robertson, from Workers' Compensation Commission. Appellants' motion to file supplemental brief is granted.

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 to recuse is denied. Newbern, J., not participating.

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 petition for reconsideration is denied. Newbern, J., not participating.

CR95-872. Tommy Ray Mosley v. State of Arkansas, from Garland Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. (4 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-792. Bobby Dixon v. Honorable John W. Cole, Judge, from Grant Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGES UNPUBLISHED)

CR97-1481. Larry Wayne Natt v. State of Arkansas, from Garland Circuit. Pro se motion to file belated appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-258. John Voss v. State of Arkansas, from Independence Circuit. Pro se petition for writ of certiorari. Petition denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)

98-66. Elizabeth Brown v. Lena Ross, Virginia Wallace, and Records Division of Tucker's Womens Unit of the Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED)

PETITIONS FOR REHEARING:

CR97-655. Pearl Genette Anthony v. State of Arkansas, from Hempstead Circuit.

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. (appellant)

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. (appellee)

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

PETITIONS FOR REVIEW:

98-405. Eugene Ester v. National Home Centers, Inc., from Workers' Compensation Commission.

98-422. Central Arkansas Telephone Cooperative, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission.

98-439. Continental Express v. William Harris, from Workers' Compensation Commission.

98-450. Zenith Insurance Company v. VNE, d/b/a TGI Fridays, Jerry D. Gardner, Sierra Hotel Corporation, from Sebastian Circuit, Fort Smith District.

98-454. Walter Buford v. Jim Alderson and Donna Alderson, d/b/a Alderson Lumber Company, from Cross Chancery.

CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. R. S. McCullough is ordered to appear and show cause today at 9:00 a.m.

CR98-49. Melvin Dulaney v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file belated brief.

CR98-98. Clay Anthony Ford v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(g) and 4-3(h).

CR98-171. Kenneth Lamont Slocum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Second motion for extension of time and clarification of case status.

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Appellant's motion for costs and attorney's fees.

97-1028. Farm Bureau Policy Holders and Members, Dennis Lee, Class Representative v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. and Southern Farm Bureau Casualty Insurance Company, from Chicot Chancery. Appellant's motion to enlarge oral argument time and for leave to utilize enlarged exhibits during argument.

97-1096. Lois M. Black and Marlin Black v. Linda Van Steenwyk, from Montgomery Chancery. Appellee's motion for sanctions and fees and costs.

CA97-1085. William Keith Webber v. Arkansas Department of Human Services, from Crittenden Chancery. Motion for attorney's fees.

CA97-1334. Rick Dover v. Department of Human Services et al., from Benton Chancery. Motion for attorney's fees.

97-828. Lilly Kildow v. Baldwin Piano & Organ, from Workers' Compensation Commission. Argued orally.

97-1057. Anna Malone v. Texarkana Public Schools, from Workers' Compensation Commission. Argued orally.

CR97-1298. Dewayne Dee Dillard v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR97-1310. State of Arkansas v. Hazile Earl, Jr., from Prairie Circuit, Southern District.

97-1093. Jack Campbell v. City of Cherokee Village West, Arkansas, from Fulton Circuit.

97-1096. Lois M. Black and Marlin Black v. Linda Van Steenwyck, from Montgomery Chancery.

97-1150. Sue Thompson v. Florence E. Roberts, from Prairie Circuit, Southern District.

97-1153. John Stapleton, Jr. v. M. D. Limbaugh Construction Co., from Washington Circuit.