Opinions delivered
August 26, 1998
Payton v. Wright (Robbins, C.J.) CA97-1435
Divorce -- Modification; chancellor erred in
refusing to consider evidence of appellant's financial
circumstances before decree date; reversed and remanded for
modification determination.
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Eckhardt v. Willis Shaw Express, Inc. (Roaf, J.) CA97-1543
Workers Compensation -- Commission's decision based
on erroneous interpretation of law; case reversed and remanded for
recalculation of benefits.
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Aluminum Co. of America v. Smith, CA 98-637 (Per Curiam), Appellant's Motion for Consolidation of Additional Cases, Motion to File Brief Relating to Common Core Issues and for Brief Time granted in part; denied in part August 26, 1998.
B.H. v. Arkansas Dep't of Human Servs., CA 97-1140 (Meads, J.), affirmed August 26, 1998.
Bennett v. Kentucky Fried Chicken, CA 97-1241 (Stroud, J.), affirmed August 26, 1998.
Colvin v. State, CA CR 97-1353 (Per Curiam), substituted opinion issued August 26, 1998.
Criswell v. Holliday, CA 97-1327 (Roaf, J.), appeal dismissed August 26, 1998.
Franklin v. Massingill, CA 97-1395 (Jennings, J.), affirmed August 26, 1998.
Geriatrics Nursing Ctr. v. Roberts, CA 97-1540 (Griffen, J.), reversed in part; remanded in part August 26, 1998.
Hall v. Junction City Sch. Dist., CA 98-150 (Per Curiam), Appellee's Motion to Supplement the Record and for Brief Time granted August 26, 1998; appellee's brief to be filed within thirty days.
Johnson v. State, CA CR 97-1444 (Jennings, J.), affirmed August 26, 1998.
Melton v. State, CA CR 97-1253 (Roaf, J.), affirmed August 26, 1998.
Progressive Cas. Ins. Co. v. Moore, CA 97-1069 (Stroud, J.), reversed August 26, 1998.
Sanders v. State, CA CR 97-961 (Meads, J.), affirmed August 26, 1998.
Sexton v. Sexton, CA 97-1386 (Pittman, J.), affirmed August 26, 1998.
Vinson v. State, CA CR 98-89 (Neal, J.), affirmed August 26, 1998. Wallace v. State, CA CR 97-1556 (Bird, J.), affirmed August 26, 1998.
Whitten v. Pittman, CA 97-1521 (Neal, J.), affirmed August 26, 1998.
Carson v. Director of Labor, E 98-71, August 26, 1998.
Clinton v. Director of Labor, E 98-55, August 26, 1998.
Crow v. Director of Labor, E 98-65, August 26, 1998.
Gilmore v. Director of Labor, E 98-68, August 26, 1998.
Haney v. Director of Labor, E 98-63, August 26, 1998.
Hernandez v. Director of Labor, E 98-64, August 26, 1998.
Hollins v. Director of Labor, E 98-67, August 26, 1998.
Howard v. Director of Labor, E 98-58, August 26, 1998.
Love v. Director of Labor, E 98-59, August 26, 1998.
Matson v. Director of Labor, E 98-57, August 26, 1998.
Porter-Cole v. Director of Labor, E 98-61, August 26, 1998.
Thomas v. Director of Labor, E 98-70, August 26, 1998.
JOHN B. ROBBINS, CHIEF JUDGE:
CA97-1435. Dennis Payton v. Robin Payton Wright, from Craighead Chancery. Reversed and Remanded. Stroud and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA97-1386. Mildred Irene Sexton v. Wilson Sexton, from White Chancery. Affirmed. Griffen, J., agrees. Rogers, J., concurs. (7 PAGES + 1 PAGE CONCUR UNPUBLISHED)
JOHN E. JENNINGS, JUDGE:
CACR97-1444. Dirk Johnson v. State of Arkansas, from Arkansas Circuit. Affirmed. Bird and Meads, JJ., agree. (4 PAGES UNPUBLISHED)
CA97-1395. Bobby C. Franklin and Lillian F. Franklin v. Stephen C. Massingill, from Conway Chancery. Affirmed. Bird and Meads, JJ., agree. (4 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR97-1556. Barry Lyndell Wallace v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Meads, JJ., agree. (3 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CA97-1069. Progressive Casualty Insurance Company v. Danny L. Moore, from Drew Circuit. Reversed. Robbins, C.J., and Roaf, J., agree. (5 PAGES UNPUBLISHED)
CA97-1241. Brenda L. Bennett v. Kentucky Fried Chicken, from Workersț Compensation Commission. Affirmed. Robbins, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED)
OLLY NEAL, JUDGE:
CACR98-89. Johnny Mack Vinson v. State of Arkansas, from Garland Circuit. Affirmed. Arey and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)
CA97-1521. Krislee Ann Whitten v. Kenneth L. Pittman, from Ouachita Chancery. Affirmed. Arey and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CA97-1540. Geriatrics Nursing Center and Zurich Insurance Company v. Rosemary Roberts, from Workersț Compensation Commission. Reversed in Part; Remanded in Part. Pittman and Rogers, JJ., agree. (9 PAGES UNPUBLISHED)
MARGARET MEADS, JUDGE:
CACR97-961. Anthony Sanders v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Bird, JJ., agree. (5 PAGES UNPUBLISHED)
CA97-1140. B.H. v. Arkansas Department of Human Services, from Pulaski Chancery. Affirmed. Jennings and Bird, JJ., agree. (13 PAGES UNPUBLISHED)
ANDREE LAYTON ROAF, JUDGE:
CACR97-1253. Terry L. Melton v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (7 PAGES UNPUBLISHED)
CA97-1327. Steve Criswell v. Melyssa Holliday, from Pulaski Chancery. Appeal Dismissed. Robbins, C.J., and Stroud, J., agree. (4 PAGES UNPUBLISHED)
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5- 2(b).
E98-55.Donald R. Clinton v. Director et al.
E98-57.Denise Matson v. Director et al.
E98-58.Larry C. Howard v. Director et al.
E98-59.Winfrey L. Love v. Director et al.
E98-61.Gwendolyn J. Porter-Cole v. Director et al.
E98-63.Carol Haney v. Director et al.
E98-64.Benito Hernandez v. Director et al.
E98-65.Georgie Gail Crow v. Director et al.
E98-67.Cristina M. Hollins v. Director et al.
E98-68.Sammy E. Gilmore v. Director et al.
E98-70.Carmen Thomas v. Director et al.
E98-71.Tiffany D. Carson v. Director et al.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR97-944. Bruce Wayne Ritter v. State of Arkansas, from Carroll Circuit, Eastern District.
CACR97-1353. James Jess Colvin v. State of Arkansas, from Washington Circuit. See substituted opinion this date. (4 PAGES UNPUBLISHED)
CA97-1543. Virgil Eckhardt v. Willis Shaw Express, Inc. et al., from Workers' Compensation Commission. See substituted opinion this date. (8 PAGES PUBLISHED) [HTML, WP5.1]
CACR97-1280. Harold Allen v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion for Court to fashion remedy. Denied.
CACR98-491. Robert Lee Smith v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal. Granted.
CACR98-501. Timothy D. Casey v. State of Arkansas, from Pulaski Circuit. Appellant's motion to file a supplemental brief. Appellant may file substituted abstract and brief within thirty days.
CACR98-635. Marcus Lewis v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal. Granted.
CA98-150. Ronald J. Hall v. Junction City School District, from Union Circuit. Appellee's motion to supplement the record and for brief time. Granted. Record to be supplemented and appellee's brief to be filed within thirty days. Rogers, Griffen, Crabtree, and Meads, JJ., would deny. See dissent this date. Arey, J., not participating. (2 PAGES UNPUBLISHED)
CA98-249. David R. Tilley et ux. v. Steven W. Smith et ux., from Pope Chancery. Appellees' motion to file a belated brief. Granted.
CA98-525. David V. Beliew v. Stuttgart Rice Mill et al., from Workers' Compensation Commission. Appellee's motion to file a belated brief. Granted.
CA98-567. Southwestern Bell Communications Services, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Appellee's motion to dismiss appeal. Granted. Neal and Griffen, JJ., not participating.
CA98-637. Aluminum Company of America v. Cecil W. Smith et al., from Workers' Compensation Commission. Appellant's motion for consolidation of additional cases, motion to file brief relating to common core issues and for brief time. Granted in part; denied in part. See per curiam this date. Robbins, C.J., Pittman, Rogers, Crabtree, and Meads, JJ., would deny. Bird, J., not participating. (2 PAGES UNPUBLISHED)
CA98-880. Gayle McKinney v. William E. Stuckey et ux., from Saline Chancery. Appellees' motion to dismiss appeal. Granted. Bird, Neal, and Roaf, JJ., would deny.
CA98-881. Southwestern Bell Telephone Company et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellee's motion to dismiss appeal. Denied. Neal and Griffen, JJ., not participating.
CACR97-1407. Larry Morris, Jr. v. State of Arkansas, from Howard Circuit. Motion of Diana M. Maulding for attorney's fees.
CACR98-167. Louis Rogers v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees.
CACR98-559. Martin Skarda v. State of Arkansas, from Pulaski Circuit. Appellant's motion to file a belated reply brief.
CACR98-561. Brian McGhee v. State of Arkansas, from Grant Circuit. Appellee's motion to certify to the Supreme Court.
CACR98-756. Dwight W. Gay v. State of Arkansas, from White Circuit. Motion of Floyd A. Healy to withdraw as counsel for appellant.
CA97-380. Michael Scott Campbell v. Bonnie Joann Campbell, from Sebastian Chancery, Fort Smith District. Appellee's motion for attorney's fees.
CA98-588. Wallace Allen v. Mid South Road Builders et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.
CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit, Third Division. Appellant's pro se motion for reversal.
CA98-793. Glen Dirling v. Mid America Transport, Inc., from Workers' Compensation Commission. Appellant's motion to file a belated brief and for brief time.
CA98-998. Nikki Zinger v. Jan Terrell, Individually and as Administratrix of the Estate of Linda Sue Holley, Deceased, from Columbia Chancery. Appellant's motion to proceed in forma pauperis.
CA97-1312. Lonnie Green v. Dwala Williford, from Pulaski Chancery, Tenth Division. Argued orally.
CACR97-854. Carl E. Richard v. State of Arkansas, from Lonoke Circuit. Argued orally.
CA97-1477. Albion Fire Association, Inc. v. Brandon B. Douglas, et al., from White Chancery. Argued orally.
CACR96-799. Robert Caple v. State of Arkansas, from Van Buren Circuit.
CACR97-1401. Ladonna Oliver v. State of Arkansas, from Sebastian Circuit.
CACR97-1407. Larry Morris Jr. v. State of Arkansas, from Howard Circuit.
CACR97-1479. Harold Wayne Pate v. State of Arkansas, from Miller Circuit.
CACR97-1535. Margaret Lanni v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR97-1574. William M. Caswell v. State of Arkansas, from Columbia Circuit.
CACR98-44. Tauji Rawls v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR98-62. Otho Walls v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR98-128. Billy Fred Stinnett v. State of Arkansas, from Logan Circuit, Northern District.
CACR98-167. Louis Rogers v. State of Arkansas, from Grant Circuit.
CACR98-179. Darrion Lee Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA97-1285. Wal-Mart Stores, Inc. v. Brenda Vanwagner, from Workers' Compensation Commission.
CA97-1356. Mary Anderson v. Georgia Welch et al., from Jefferson Chancery.
CA97-1456. Montgomery Ward v. G.W. Anderson et al., from Stone Circuit.
CA97-1545. Gail Renee Brown Campbell v. Edwin Delane Campbell, from Pulaski Chancery, Sixth Division.
CA98-9. John Richmond v. Gene Lawson et al., from Lawrence Chancery.
CA98-45. Benny Hawkins et al. v. Heritage Life Insurance Company, from Randolph Circuit.
CA98-47. Robert L. Ford Sr. v. Chemipulp Process, Inc., from Workers' Compensation Commission.
CA98-59. John D. Mills et al. v. John C. Crone et al., from Washington Circuit.
CA98-85. Gloria Goolsby Herman v. Michael Thomas Herman, from Ouachita Chancery.
CA98-135. Nicola Kelly v. Riceland Foods, Inc., from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E96-298. GFC Resources, Inc. v. Director et al.
E97-215. Everett H. Vanderburg v. Director et al.
E98-56. Danny A. Thompson v. Director et al.
E98-62. Mary E. Weston v. Director et al.
E98-69. John T. Nelson v. Director et al.
E98-73. Essie V. Lamar v. Director et al.
E98-74. Roger D. Nichols v. Director et al.
E98-75. Marqus H. Fischer v. Director et al.
E98-76. Mary L. Presley v. Director et al.
E98-77. Mark Bowen v. Director et al.
E98-79. Linda M. Heard v. Director et al.
E98-83. Moreland Trucking Co. v. Director et al.