ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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334 Ark.

Opinions delivered
July 16, 1998


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Camargo v. State (Per Curiam) CR98-772
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Heathscott v. Raff (Per Curiam) 98-801
Appeal & error -- Motion for expedited appeal granted. [HTML, WP5.1]

Looper v. Thrash (Newbern, J.) 98-260
Officers & public employees -- Appellee did not occupy office illegally; no illegal exaction; summary judgment affirmed. [HTML, WP5.1]

Norman v. Norman (Per Curiam) 97-759
Appeal & error -- Motion for clarification and to stay mandate denied; issues relating to recovery of benefits could be considered on retrial. [HTML, WP5.1]

Sublett v. State (Per Curiam) CR97-49
Appeal & error -- Motion for belated appeal granted. [HTML, WP5.1]

Village Market, Inc. v. State Farm Gen. Ins. Co. (Per Curiam) 97-702
Attorney & client -- Appellant's construction of statutes correct; petition for rehearing granted; part of decision granting attorney's fees to appellee reversed. [HTML, WP5.1]

APPENDIX

In Re: Rules of Criminal Procedure, Rule 37.5 (Per Curiam) [HTML, WP5.1]

UNPUBLISHED PROCEEDINGS

IN RE: Enrollment of Attorneys. Following the State Bar Examination in July of this year, and the certification by the Board of those who passed the examination and met all other requirements, thereupon, while the Court is in recess, any Justice of this Court, after satisfying himself of all the above essentials, may authorize and empower the clerk of this Court to enroll such successful candidates as of the date such Justice so acts.

IN RE: Mandates of the Supreme Court of the United States. The clerk is directed to file any mandate received from the United States Supreme Court during recess of this Court, and issue mandates of this Court in compliance therewith.

IN RE: Procedure while Court is in Recess. During the recess of this Court any individual Justice may act upon matters presented to the Court; provided, however, matters usually acted upon by the entire Court shall not be acted upon by an individual Justice until after the clerk or his deputy has attempted to contact as many of the Justices as possible.


ORIGINAL SYLLABUS

DAVID NEWBERN, JUSTICE:

98-260. Warren Looper, Jr. v. Melvin Thrash, from Pulaski Chancery. Affirmed. Glaze and Imber, JJ., dissent. (12 PAGES + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING GRANTED: Petition for rehearing was granted today in the following case.

97-702. Village Market, Inc. v. State Farm General Insurance Company, from Sebastian Circuit, Fort Smith District. See per curiam this date. Newbern, Brown, and Imber, JJ., would deny. (3 PAGES + 1 PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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REHEARING DENIED: Petition for rehearing was denied today in the following case.

98-117. Edward A. Moory et al. v. Quadras, Inc. et al., from Arkansas Circuit, Northern District.

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

98-677. Brenda Kay James et al. v. Melba Jo Taylor, from White Chancery. Glaze, J., would grant. Corbin, J., not participating.

98-691. Thomas Stocks v. Judith Stocks, from Faulkner Chancery.

98-707. Tyson Foods, Inc. v. Laura Cisneros, from Arkansas Workers' Compensation Commission.

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98-801. John Parker Heathscott v. Christopher C. Raff, from Pulaski Circuit, Fifth Division. Appellee's motion for expedited consideration granted. Briefing schedule set. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR97-49. Dennis Sublett v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated appeal granted; show cause order issued. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR98-105. Yitzhak Abba Marta v. State of Arkansas, from Washington Circuit. Appellant's motion to supplement the record is denied.

CR98-105. Yitzhak Abba Marta v. State of Arkansas, from Washington Circuit. Appellant's motion to file enlarged brief is denied.

CR98-750. Steven L. Womack v. Hon. Morris Thompson, Judge et al., from Pulaski Circuit, Fifth Division. Petition for leave to proceed in forma pauperis is denied.

CR98-755. Matthew Reagan Coger v. Hon. William A. Storey, Judge, from Washington Circuit. Petition for writ of mandamus is denied.

CR98-772. Rafael Camargo v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

96-1524. Jimmie L. Wilson v. James A. Neal, Executive Director, Supreme Court Committee on Professional Conduct, from Phillips Circuit. Appellant's motion to terminate assignment is denied. Newbern, Glaze, and Corbin, JJ., not participating.

97-702. Village Market, Inc. v. State Farm General Insurance Company, from Sebastian Circuit, Fort Smith District. Motion of Anthony Forest Products Company et al. for permission to file joint brief of amici curiae is granted.

97-759. Robert A. Norman v. Josephine L. Norman, from Garland Chancery. Appellant's motion for clarification and stay of mandate is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

98-299. Andrew Sturgis and Vanessa Sturgis v. Theodore C. Skokos and Randy Coleman, from Pulaski Circuit, Sixth Division. Separate appellee Randy Coleman's motion to strike. Motion to be submitted with briefs. Glaze, J., would grant sur-reply brief.

98-716. The Arkansas Department of Human Services et al. v. Behavioral Health Services, Inc. of Arkansas, from Phillips Circuit. Appellants' motion to dismiss appeal is granted.

98-762. D. Wayne Lainhart v. Arkansas State Police Commission et al., from Pulaski Circuit, Third Division. Motion for rule on the clerk is denied.

98-767. Aycock Pontiac, Inc. et al. v. James Hervey Aycock, Jr., from Craighead Chancery, Western District. Appellee's motion to correct and stay briefing schedule is granted.

98-817. Marilyn B. Harrison v. James S. Beckman, Jr. et al., from Washington Circuit. Appellant's petition for expedited consideration is granted.

98-817. Marilyn B. Harrison v. James S. Beckman, Jr. et al., from Washington Circuit. Motion to proceed in forma pauperis is denied.

98-817. Marilyn B. Harrison v. James S. Beckman, Jr. et al., from Washington Circuit. Appellant's motion for writ of certiorari to complete the record and statement of evidence. Moot.

98-844. Lonnie Hull v. Hon. Richard E. Gardner, Jr., Judge, from Pope Chancery. Petitioner's motion to expedite hearing on motions is denied.

CR98-594. Tracy Rudd v. Hon. Harold Erwin, Judge, from Lawrence Circuit. Petitioner's motion to expedite is denied.

In Re: Rules of Criminal Procedure, Rule 37.5. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

IN RE: Enrollment of Attorneys. Following the State Bar Examination in July of this year, and the certification by the Board of those who passed the examination and met all other requirements, thereupon, while the Court is in recess, any Justice of this Court, after satisfying himself of all the above essentials, may authorize and empower the clerk of this Court to enroll such successful candidates as of the date such Justice so acts.

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IN RE: Mandates of the Supreme Court of the United States. The clerk is directed to file any mandate received from the United States Supreme Court during recess of this Court, and issue mandates of this Court in compliance therewith.

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IN RE: Procedure while Court is in Recess. During the recess of this Court any individual Justice may act upon matters presented to the Court; provided, however, matters usually acted upon by the entire Court shall not be acted upon by an individual Justice until after the clerk or his deputy has attempted to contact as many of the Justices as possible.