ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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333 Ark.

Opinions delivered
June 4, 1998


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Arkansas Dep't of Fin. and Admin. v. Pharmacy Assocs., Inc. (Thornton, J.) 97-1293
Administrative law & procedure -- Freedom of Information Act; state has special interest in protecting integrity of bidding process; use of proprietary information sought by appellee could be used to improve its competitive position. [HTML, WP5.1]

Dellinger v. First Nat'l Bank of Russellville (Thornton, J.) 97-1185
Mortgages -- Statutory waiver of right to redemption absolute bar to mortgager's right to redeem; no error in chancery court's finding that appellants waived their right to redemption. [HTML, WP5.1]

Dillard v. State (Corbin, J.) CR97-1298
Criminal procedure -- Severance; evidence of prior sexual abuse of children independently admissible under Ark. R. Evid. 404(b); evidence supported trial court's denial of severance. [HTML, WP5.1]

Eid v. State (Per Curiam) CR98-573
Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]

Henderson v. Little Rock Sch. Dist.(Brown, J.) 97-990
Civil procedure -- Ark. R. Civ. P. 54(b); matter must be final for purposes of appeal; supreme court lacked subject- matter jurisdiction. [HTML, WP5.1]

Jolly v. Estate of Jolly (Newbern, J.) 97-1316
Executors & administrators -- Appellant was stranger to estate; probate court lacked jurisdiction; case remanded to probate court for transfer to proper court. [HTML, WP5.1]

Morris v. State (Per Curiam) CR96-1190
Criminal procedure -- Parole eligibility; date corrected to conform with proper interpretation of law; circuit court correctly denied writ of mandamus and declaratory relief. [HTML, WP5.1]

Sims v. State (Glaze, J.) CR97-1350
Search & seizure -- Warrant issued by detached and neutral magistrate; exclusionary rule cannot be used to bar use of evidence seized with reliance on warrant; trial court's denial of appellant's motion to suppress affirmed. [HTML, WP5.1]

Swink v. Giffin (Newbern, J.) 97-667
Civil procedure -- Dismissal of actions; chancellor erred in assessing credibility of testimony before conclusion of evidentiary portion of trial; plaintiff established prima facie case on issue of ownership. [HTML, WP5.1]

Tabor v. State (Corbin, J.) CR97-467
Witnesses --- Equitable immunity; trial court did not abuse discretion in refusing to recognize appellant's claim; no abuse of discretion in ruling that appellant not entitled to immunity from use of incriminating statements against him. [HTML, WP5.1]

UMLIC 2 Funding Corp. v. Butcher (Corbin, J.) 97-935
Limitation of actions -- Foreclosure action; trial court erred in finding suit barred because it was not filed within one year; reversed and remanded. [HTML, WP5.1]

Vincent v. Prudential Ins. Brokerage (Glaze, J.) 97-1318
Insurance -- Appellant's argument without merit; Medicare is not "other insurance"; appellant failed to provide support for her argument. [HTML, WP5.1]

OPINION ON GRANTING PETITION FOR REHEARING

Skokos v. Skokos (Newbern, J.) 95-1029
Appeal & error -- Whether value of parties' shares in phone companies was required to be relitigated on remand not answered by court in original opinion; rehearing granted to address issue of chancellor's decision to truncate cross-examination of appellee's expert witness. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Boyd v. Keith, CR 97-991 (Per Curiam), Pro Se Motion to Compel Circuit Judge to Act moot June 4, 1998.

Bryant v. Erwin, 97-1072 (Per Curiam), Pro Se Petition for Writ of Mandamus moot June 4, 1998.

Friend v. State, CR 98-55 (Per Curiam), Pro Se Motion for Rule on Clerk to File Belated Reply Brief denied and appeal dismissed June 4, 1998.

Nooner v. State, CR 98-577 (Per Curiam), Pro Se Motion to Supplement Appellant's Brief denied June 4, 1998.

Stigger v. State, CR 98-530 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied June 4, 1998.


ORIGINAL SYLLABUS

DAVID NEWBERN, JUSTICE:

97-667. Jimmy Dale Swink, Jr. and, First American Securities, Inc. v. Gerald Giffin et al., from Pulaski Chancery. Reversed and Remanded. Special Justice Ted N. Drake joins in this opinion. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

97-1316. Hughey E. Jolly v. Estate of Ernestine Owen Jolly, Deceased, from Arkansas Probate. Reversed and Remanded. (3 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR97-1350. Charles Sims v. State of Arkansas, from Lonoke Circuit. Affirmed. Newbern and Imber, JJ., dissent. (7 PAGES PUBLISHED 5 PAGE DISSENT) [HTML, WP5.1]

97-1318. Thelma Vincent v. Prudential Insurance Brokerage, from Pulaski Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR97-467. Joel Keith Tabor v. State of Arkansas, from Boone Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

CR97-1298. Dewayne Dee Dillard v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Brown, J., concurs. Newbern and Imber, JJ., dissent. (10 PAGES PUBLISHED 4 PAGE DISSENT) [HTML, WP5.1]

97-935. UMLIC 2 Funding Corporation v. Frank W. Butcher and Juanita J. Butcher, from Arkansas Circuit, Northern District. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-990. Sherry Lou Henderson v. Little Rock School District et al., from Pulaski Circuit. Appeal Dismissed. Special Justices Daniel D. Ives and Randolph Baltz join in this opinion. Newbern and Imber, JJ., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

97-1185. Lewis Edward Dellinger, Jr. and Bette Sue Dellinger v. First National Bank of Russellville and Real Estate Central, Incorporated, from Pulaski Chancery. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

97-1293. Arkansas Department of Finance and Administration and Merck-Medco Managed Care, Inc. v. Pharmacy Associates, Inc., from Pulaski Circuit. Reversed and Dismissed. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR96-1190. Herman L. Morris v. State of Arkansas, from Jefferson Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARINGS GRANTED: Petitions for rehearing were granted today in the following case.

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. (appellant) See opinion this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

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

96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. (Appellee/Cross-Appellant Walker)

96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. (Appellees/Cross-Appellants Aearth Corporations and Coal Processors)

97-765. Joshua Garcia v. State of Arkansas, from Pope Chancery. Glaze, J., would grant.

97-871. Nelson Murders, Jr. et al. v. Garland County, from Garland Circuit.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

98-422. Central Arkansas Telephone Cooperative, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Glaze, Brown, and Imber, JJ., would grant. Corbin, J., not participating.

98-479. Kendra Dotson Jones v. Little Rock Family Planning Services, P. A. et al., from Pulaski Circuit. Glaze, J., would grant.

98-518. Maverick Transportation v. James D. Lee, from Workers' Compensation Commission.

98-528. Express Human Resources III/Spirit Homes, Inc. v. Farren A. Terry, from Workers' Compensation Commission.

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

CR98-241. Harry Clark, Jr. v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted.

CR98-573. Ahmad Eid v. State of Arkansas, from Pulaski Circuit, Second Division. Motion for belated appeal is granted. See per curiam this date. (1 PAGES PUBLISHED) [HTML, WP5.1]

CR98-573. Ahmad Eid v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to modify Ark. R. App. P.-- Crim. 2(b) is denied.

CR98-625. Dale Hayden v. State of Arkansas, from Nevada Circuit. Motion for belated appeal is denied.

97-871. Nelson Murders, Jr. et al. v. Garland County, Arkansas, from Garland Circuit. Appellee's motion for extension of time to file response to petition for rehearing is granted.

98-102. Arkansas Board of Examiners in Counseling v. Mary Pat Carlson, from Miller Circuit. Appellee's motion to file belated brief is granted.

98-369. Randall Mark Shochet v. Board of Law Examiners, an Original Action. Appellant's motion for belated brief is granted.

98-566. Benton/Washington County Water Association v. Citizens for Feasible and Affordable Water, Inc. et al., from Benton Chancery. Appellees' motion to dismiss appeal is granted. Arnold, C.J., and Corbin, J., would deny.

CR97-991. Stanley Frank Boyd v. Honorable Tom Keith, Judge, from Carroll Circuit, Western District. Pro se motion to compel circuit judge to act. Motion moot. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-55. Bobby M. Friend v. State of Arkansas, from Sevier Circuit. Pro se motion for rule on clerk to file belated reply brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-530. Marsha Stigger v. State of Arkansas, from Jefferson Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-577. Terrick Nooner v. State of Arkansas, from Pulaski Circuit. Pro se motion to supplement appellant's brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

97-1072. Tommy L. Bryant v. Honorable Harold Erwin, Judge, from Jackson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

PETITION FOR REHEARING:

97-878. Golden Tee, Inc. v. Venture Golf Schools, Inc. and Cooper Communities, Inc., from Garland Circuit.

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PETITIONS FOR REVIEW:

CR98-560. James Larry Poe v. State of Arkansas, from Washington Circuit.

98-557. Christopher Ward v. Linda Mae Ward McCord, from Faulkner Chancery.

98-583. Mike Collins v. Karen Collins, from Washington Chancery.

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CR97-766. Larry Donihoo v. State of Arkansas, from Miller Circuit. Charles A. Potter is ordered to appear and show cause today at 9:00 a.m.

CR98-286. Kentry D. Taylor v. State of Arkansas, from Pulaski Circuit, First Division. Petition for writ of certiorari to complete the record.

CR98-328. Richard Francis Barr v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal.

CR98-594. Tracy Rudd v. Hon. Harold Erwin, Judge, from Lawrence Circuit. Petition for writ of prohibition and motion for stay.

98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Appellant's motion to supplement the record.

98-598. James C. Arrington, M.D. v. Hon. Jim Hudson, Judge, from Hempstead Circuit. Petition for writ of prohibition, motion to accelerate proceedings and for temporary stay.

SUBMISSIONS

97-895. James Preston Boyd, Jr. v. Richard Weiss, Director, Arkansas Department of Finance and Administration et al., from Pulaski Chancery, Third Division. Argued orally.

97-984. Mary Chavers Carson v. Richard Weiss, Director, Arkansas Department of Finance and Administration, from Pulaski Chancery, Third Division. Argued orally.

CR98-41. Delcie Ruth Fultz v. State of Arkansas, from Boone Circuit.

97-1358. The Matter of the Adoption of Samantha Tara Samant, from Pulaski Probate, Fourth Division.

97-1394. State of Arkansas v. One 1993 Toyota Camry, VIN No. 4T1SK12EXPU283054, from Pulaski Circuit, First Division.

97-1406. L. H. v. State of Arkansas, from Craighead Chancery, Western District.

97-1425. Jack D. Bedford v. James L. Fox, from Washington Chancery.

97-1451. Delores Robinson v. Kenneth Langdon, from Garland Circuit.