ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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63 Ark. App.

Opinions delivered
September 9, 1998


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Caswell v. State (Stroud, J.) CACR97-1574
Criminal procedure -- Revocation proceeding; right to confront witnesses violated; trial court's error in denying right to confront witnesses was harmless. [HTML, WP5.1]

Hawkins v. Heritage Life Ins. Co. (Stroud, J.) CA98-45
Limitation of actions -- Five-year statute of limitations applicable; parties had right to contract for something less than statutory limitation; no showing contractual limitation was unreasonable or in contravention of public policy. [HTML, WP5.1]

Kimery v. State (Rogers, J.) CACR97-1172
Search & seizure -- Search incident to arrest; arresting officer had authority to conduct. [HTML, WP5.1]

Mills v. Crone (Bird, J.) CA98-59
Torts -- Negligent entrustment; appellees had no right to control vehicle's use; summary judgment properly granted. [HTML, WP5.1]

Stinnett v. State (Crabtree, J.) CACR98-128
Criminal law -- Probation; revocation of; appellant failed to meet probation conditions; judge's determination not clearly against preponderance of evidence. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anderson v. Welch, CA 97-1356 (Arey, J.), affirmed September 9, 1998.

Campbell v. Campbell, CA 97-1545 (Robbins, C.J.), affirmed September 9, 1998.

Green v. Williford, CA 97-1312 (Roaf, J.), reversed and remanded September 9, 1998.

J.J. v. State, CA 97-1396 (Arey, J.), affirmed September 9, 1998.

Kelly v. Riceland Foods, Inc., CA 98-135 (Roaf, J.), affirmed September 9, 1998.

Litzsey v. Area Agency On Aging, CA 98-91 (Griffen, J.), affirmed September 9, 1998.

Morris v. State, CA CR 97-1407 (Robbins, C.J.), affirmed September 9, 1998.

Oliver v. State, CA CR 97-1401 (Jennings, J.), affirmed September 9, 1998.

Putnam Realty, Inc. v. Schueck Properties Ltd. Partnership, CA 97- 1559 (Jennings, J.), affirmed September 9, 1998.

Rawls v. State, CA CR 98-44 (Neal, J.), reversed and remanded September 9, 1998.

Rogers v. State, CA CR 98-167 (Meads, J.), reversed and remanded September 9, 1998.

Royal v. Royal, CA 97-1266 (Arey, J.), dismissed September 9, 1998. State Office of Child Support Enforcement v. Treat, CA 97-1525 (Griffen, J.), reversed and remanded September 9, 1998.

Walls v. State, CA CR 98-62 (Griffen, J.), affirmed September 9, 1998.

Williams v. State, CA CR 98-179 (Roaf, J.), affirmed September 9, 1998.

CASES AFFIRMED WITHOUT OPINION

Bowen v. Director of Labor, E 98-77, September 9, 1998.

Fischer v. Director of Labor, E 98-75, September 9, 1998.

GFC Resources, Inc. v. Director of Labor, E 96-298, September 9, 1998.

Heard v. Director of Labor, E 98-79, September 9, 1998.

Lamar v. Director of Labor, E 98-73, September 9, 1998.

Moreland Trucking Co. v. Director of Labor, E 98-83, September 9, 1998.

Nelson v. Director of Labor, E 98-69, September 9, 1998.

Nichols v. Director of Labor, E 98-74, September 9, 1998.

Presley v. Director of Labor, E 98-76, September 9, 1998.

Thompson v. Director of Labor, E 98-56, September 9, 1998.

Vanderburg v. Director of Labor, E 97-215, September 9, 1998.

Weston v. Director of Labor, E 98-62, September 9, 1998.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR97-1407. Larry Morris, Jr. v. State of Arkansas, from Howard Circuit. Affirmed. Stroud and Roaf, JJ., agree. (6 PAGES UNPUBLISHED)

CA97-1545. Gail Renee Brown Campbell v. Edwin Delane Campbell, from Pulaski Chancery, Sixth Division. Affirmed. Stroud and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

D. FRANKLIN AREY, III, JUDGE:

CA97-1266. William Luther Royal v. Mittie Lee Royal, from Little River Chancery. Dismissed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

CA97-1356. Mary Anderson v. Georgia Welch et al., from Jefferson Circuit. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

CA97-1396. J.J. v. State of Arkansas, from Sebastian Chancery. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR97-1401. Ladonna Oliver v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

CA97-1559. Putnam Realty, Inc. v. Schueck Properties Limited Partnership and Thomas B. Schueck, from Pulaski Chancery, Fifth Division. Affirmed. Bird and Meads, JJ., agree. (8 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CA98-59. John D. Mills and Sandra D. Mills, his wife, and Rachel Susan Sherry v. John C. Crone and Elizabeth Crone, from Washington Circuit. Affirmed. Jennings and Meads, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CACR97-1172. Roger Kimery v. State of Arkansas, from Poinsett Circuit. Affirmed. Jennings, Stroud, Neal, Crabtree, and Meads, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR97-1574. William M. Caswell v. State of Arkansas, from Columbia Circuit. Affirmed. Robbins, C.J., and Roaf, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA98-45. Benny Hawkins and Claudia Hawkins v. Heritage Life Insurance Company, from Randolph Circuit. Affirmed. Robbins, C.J., and Roaf, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR98-44. Tauji Rawls v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Arey and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR98-62. Otho Walls v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Rogers, JJ., agree. (5 PAGES UNPUBLISHED)

CA97-1525. State of Arkansas Office of Child Support Enforcement v. Stephen P. Treat, from Searcy Chancery, Second Division. Reversed and Remanded. Pittman and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)

CA98-91. Phyllis Litzsey v. Area Agency on Aging, from Workersț Compensation Commission. Affirmed. Pittman and Rogers, JJ., agree. (7 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR98-128. Billy Fred Stinnett v. State of Arkansas, from Logan Circuit. Affirmed. Arey and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR98-167. Louis Rogers v. State of Arkansas, from Grant Circuit. Reversed and Remanded. Jennings and Bird, JJ., agree. (3 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR98-179. Darrion Lee Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (7 PAGES UNPUBLISHED)

CA97-1312. Lonnie Green v. Dwala Williford, from Pulaski Chancery. Reversed and Remanded. Arey and Neal, JJ., agree. (6 PAGES UNPUBLISHED)

CA98-135. Nicola Kelly v. Riceland Foods, Inc., from Workersț Compensation Commission. Affirmed. Robbins, C.J., and Stroud, J., agree. (5 PAGES UNPUBLISHED)

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

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 Company v. Director et al.

PER CURIAM ORDERS

CACR97-1407. Larry Morris, Jr. v. State of Arkansas, from Howard Circuit. Motion of Diana M. Maulding for attorney's fees. Granted. Allowed $750.00.

CACR98-114. Gary Lee Gipson v. State of Arkansas, from Van Buren Circuit. Appellant's motion to file a belated brief. Granted.

CACR98-167. Louis Rogers v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $700.00.

CACR98-456. Robert Earl Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the issues and abstract on appeal and for entry of appearance of Jack R. Kearney. Appellee's motion to reset briefing schedule. Appellant's motion to file supplemental abstract and brief denied; but leave granted to file substituted abstract and brief by October 5, 1998. Appellee's brief due November 4, 1998.

CACR98-556. Tommy Mosley v. State of Arkansas, from Mississippi Circuit. Appellant's motion to file a belated brief and for brief time. Granted. Brief due September 14, 1998. Motion for appointment of attorney denied. Neal, J., not participating.

CACR98-725. Billy Charles Hudson v. State of Arkansas, from Benton Circuit. Appellant's second motion to supplement the record and for brief time. Granted. Record to be supplemented within forty-five days. Clerk to set revised briefing schedule.

CACR98-1028. J.C.S. v. State of Arkansas, from Sevier Circuit. Appellant's motion to file John Doe appeal. Granted. Rogers, J., would deny. Crabtree, J., not participating.

CA97-429. Albert Curtis Hutchins v. Karen Ruth Hutchins, from Ouachita Chancery. Appellee's pro se motion to supplement the record and for brief time. Motion to supplement denied. Appellee's brief due October 15, 1998.

CA98-222. Estate of James M. Berry, Deceased, by and through Betty B. Eddins, Administratrix v. Style Optics, Inc. et al., from Pulaski Chancery. Appellant's motion to reprint brief. Denied, but appellant's abstract and brief deemed corrected.

CA98-228. Scott Hamm v. Office of Child Support Enforcement, from Sebastian Chancery, Fort Smith District. Appellee's motion to supplement the record. Denied.

CA98-805. Susan Hogan v. Fort Smith School District et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal. Granted.

CA98-875. Mattie Jackson v. Howard Jackson, from Pulaski Chancery. Appellant's motion for brief time. Granted sixty days.

CA98-890. Arkansas Department of Human Services v. Curtis Welborn, from Pulaski Circuit, Seventh Division. Appellants motion to supplement the record and for brief time. Remanded to trial court to settle the record by October 8, 1998. Appellants brief due November 8, 1998.

CA98-931. Margaret Mobley Burgess et al. v. Bradley E. Allen et ux., from Pope Chancery. Appellants' motion to supplement the record. Granted.

CA98-1055. Omia Matthews v. Tyson Foods, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal. Granted.

The following case is dismissed for failure to file briefs.

CA98-536. Anthony Umekwe v. Terrance Long, from Pulaski Circuit, Second Division.

MOTIONS SUBMITTED

CACR98-42. Jerome Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to supplement the record and for brief time.

CACR98-89. Johnny Mack Vinson v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-360. Steve Swanigan v. State of Arkansas, from Mississippi Circuit. Appellant's motion for brief time.

CACR98-897. Luther Shavers, III v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file a belated brief.

CA97-1434. Jo Ann Hoffmann v. Billy W. Baker, from Benton Chancery. Appellant's pro se motion for reconsideration.

CA98-549. Viper Boats, Inc. v. Charles R. Storie, from Baxter Circuit. Appellant's motion to supplement the record and to amend brief.

CA98-721. Larry McHolan v. Shirley D. McHolan (Campbell), from Pulaski Chancery, Sixth Division. Appellant's motion to supplement the record.

CA98-893. Ellen Varner v. Waterloo Industries, Inc. et al., from Workers' Compensation Commission. Appellant's motion for brief time.

CA98-792. Jeff Davis et al. v. Robert Henderson et al., from Pulaski Circuit, Fifth Division. Appellees' motion to dismiss appeal and to stay brief time.

CA98-904. J. Scott Smith v. Tracy Dobbs, from Garland Chancery. Motion of G. Latta Bachelor, III, to withdraw as counsel for appellee.

CA98-1002. Daniel Buchte v. State of Arkansas, from Independence Probate. Appellant's motion to supplement the record.

SUBMISSIONS

CACR97-564. James I. Johnson v. State of Arkansas, from Cleburne Circuit. Argued orally.

CA98-57. Anthony Johnson et al. v. Danny K. Jones et al., from Saline Chancery. Argued orally.

CACR96-1127. Gary Lee Yancey v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR97-1280. Harold Allen v. State of Arkansas, from Jefferson Circuit.

CACR97-1438. Michael Eugene Jackson v. State of Arkansas, from Pope Circuit.

CACR97-1544. Howard Hipp v. State of Arkansas, from Ashley Circuit.

CACR98-48. David Lewis v. State of Arkansas, from Jefferson Circuit.

CACR98-52. Julius Silverman v. State of Arkansas, from Jefferson Circuit.

CACR98-92. Gary K. Rogers v. State of Arkansas, from Garland Circuit.

CACR98-121. Raymond Ralph Nelson v. State of Arkansas, from Drew Circuit.

CACR98-132. Willie Davis v. State of Arkansas, from Clark Circuit.

CACR98-155. David L. Oakes v. State of Arkansas, from Jefferson Circuit.

CACR98-166. John Michael Bates v. State of Arkansas, from Fulton Circuit.

CACR98-231. Sam Baker and Lisa Layne Baker v. State of Arkansas, from Pope Circuit.

CACR98-257. Derrick Powell v. State of Arkansas, from Union Circuit.

CACR98-277. Larry Asberry v. State of Arkansas, from Clark Circuit.

CA97-1372. Clara Sue Bates Chambers v. Hughes Insurance Agency, Inc., from Workers' Compensation Commission.

CA97-1450. James C. Montgomery et al. v. Dale Fryar et al., from Franklin Chancery, Northern District.

CA97-1569. Grand State Marketing v. Eastern Poultry Distributors, Inc., from Pulaski Circuit, Fifth Division.

CA98-164. Office of Child Support Enforcement v. Gina E. Shelton Peavler, from Crawford Chancery.

CA98-200. Maudie Baker v. Frozen Food Express Transport, from Workers' Compensation Commission.

CA98-254. Charles Pinkston v. USA Truck, Inc., from Workers' Compensation Commission.

CA98-290. Gerald Raper v. Reynolds Metals, from Workers' Compensation Commission.

The following cases are appeals from the Arkansas Board of Review.

E98-88. Gerrie L. Prewitt v. Director et al.

E98-89. E.B. Armour Jr. v. Director et al.

E98-90. Harrison Home Center v. Director et al.

E98-91. Hall Eye Care v. Director et al.

E98-92. Henryk Szwedo v. Director et al.

E98-93. Southland Adult Care Center, Inc. v. Director et al.

E98-95. Lawrance D. Mahomes v. Director et al.

E98-96. Djamila Limer v. Director et al.

E98-97. Heidi D. Montang v. Director et al.

E98-98. Melvin J. Lambert v. Director et al.

E98-99. T.O. Niles v. Director et al.

E98-100. Scott Whiteside v. Director et al.