Opinions delivered
September 16, 1998
Felgate v. State (Robbins, C.J.) CACR98-192
Evidence -- Substantial evidence supported
appellant's conviction.
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Harris v. Whipple (Griffen, J.) CA97-1522
Landlord & tenant -- Property left on premises
after termination of lease; trial court erred in ruling statute
inapplicable; trial court erred in assessing damages against
appellant for value of abandoned items; case reversed and remanded
for judgment in favor of appellant.
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Taylor v. State (Arey, J.) CACR97-1495
Appeal & error -- Abstract insufficient; rebriefing
ordered.
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Albion Fire Ass'n, Inc. v. Douglas, CA 97-1477 (Neal, J.), reversed and remanded September 16, 1998.
Black v. State, CA CR 98-68 (Bird, J.), affirmed September 16, 1998.
Caple v. State, CA CR 96-799 (Pittman, J.), affirmed September 16, 1998.
DuVall v. Mays, CA 98-153 (Stroud, J.), affirmed September 16, 1998.
Gann v. Director, E 97-219 (Crabtree, J.), affirmed September 16, 1998.
Hatfield v. First Baptist Church, CA 97-1357 (Crabtree, J.), affirmed in part; reversed and remanded in part September 16, 1998.
Holloway v. Ray White Lumber Co., CA 96-1205 (Bird, J.), remanded September 16, 1998.
Lanni v. State, CA CR 97-1535 (Rogers, J.), affirmed September 16, 1998.
Mann v. State, CA CR 98-185 (Neal, J.), affirmed September 16, 1998.
McCrary v. Director, E 98-42 (Griffen, J.), reversed and remanded September 16, 1998.
McDougal v. Treas, CA 97-1441 (Meads, J.), affirmed September 16, 1998.
Pate v. State, CA CR 97-1479 (Bird, J.), affirmed September 16, 1998.
Pettingill v. Rebsamen Reg'l Med. Ctr., CA 98-177 (Robbins, C.J.), affirmed September 16, 1998.
Sparks Reg'l Med. Ctr. v. Boen, CA 98-211 (Jennings, J.), affirmed September 16, 1998.
Stuart v. State, CA CR 98-203 (Crabtree, J.), remanded for rebriefing September 16, 1998.
Cooper v. Director of Labor, E 98-80, September 16, 1998.
Green v. Director of Labor, E 98-78, September 16, 1998.
Hensley v. Director of Labor, E 98-85, September 16, 1998.
Hulsey v. Director of Labor, E 96-175, September 16, 1998.
Musil v. Director of Labor, E 98-87, September 16, 1998.
Patterson Cleaners, Inc. v. Director of Labor, E 96-107, September 16, 1998.
Richey v. Director of Labor, E 98-84, September 16, 1998.
Southland Adult Care Ctr., Inc. v. Director of Labor, E 98- 82, September 16, 1998.
Thompson v. Director of Labor, E 98-86, September 16, 1998.
Travis v. Director of Labor, E 96-191, September 16, 1998.
Whitehead v. Director of Labor, E 98-81, September 16, 1998.
Williford v. Director of Labor, E 96-47 , September 16, 1998.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR98-192. John Felgate v. State of Arkansas, from Clark Circuit. Affirmed. Stroud and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA98-177. George Pettingill v. Rebsamen Regional Medical Center, from Workers' Compensation Commission. Affirmed. Stroud and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)
JOHN MAUZY PITTMAN, JUDGE:
CACR96-799. Robert Caple v. State of Arkansas, from Van Buren Circuit, First Division. Affirmed. Rogers and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)
D. FRANKLIN AREY, III, JUDGE:
CACR97-1495. Christopher Taylor v. State of Arkansas, from Mississippi Circuit. Rebriefing Ordered. Neal and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA98-211. Sparks Regional Medical Center, Ann L. Bramble, Janice Maestri, and Jane Watkins v. Brook LeeAnn Boen, a Minor, by and through her Natural Parents, Rhona Boen and Anthony Boen, from Sebastian Circuit. Affirmed. Bird and Meads, JJ., agree. (8 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR97-1479. Harold Wayne Pate v. State of Arkansas, from Miller Circuit. Affirmed. Jennings and Meads, JJ., agree. (10 PAGES UNPUBLISHED)
CACR98-68. Christopher James Black v. State of Arkansas, from Garland Circuit. Affirmed. Jennings and Meads, JJ., agree. (3 PAGES UNPUBLISHED)
CA96-1205. John Holloway v. Ray White Lumber Company and Silvey Companies, from Workers' Compensation Commission. Remanded. Jennings and Meads, JJ., agree. (7 PAGES UNPUBLISHED)
JUDITH ROGERS, JUDGE:
CACR97-1535. Margaret Lanni v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CA98-153. Fred DuVall v. Ben Mays, d/b/a Van Buren County Veterinary Clinic, from Van Buren Circuit. Affirmed. Robbins, C.J., and Roaf, J., agree. (8 PAGES UNPUBLISHED)
OLLY NEAL, JUDGE:
CACR98-185. John L. Mann v. State of Arkansas, from Drew Circuit. Affirmed. Arey and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)
CA97-1477. Albion Fire Association, Inc. v. Brandon Douglas and Martha Davis, from White Chancery. Reversed and Remanded. Arey and Crabtree, JJ., agree. (11 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CA97-1522. Jackie Harris v. Sandra Whipple, from Pulaski Circuit, Fifth Division. Reversed and Remanded. Pittman and Rogers, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
E98-42. Tashan M. McCrary v. Director, Employment Security Department and Baptist Health, from Board of Review. Reversed and Remanded. Stroud and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)
TERRY CRABTREE, JUDGE:
CACR98-203. Threasa Stuart v. State of Arkansas, from Jefferson Circuit. Remanded for Rebriefing. Arey and Neal, JJ., agree. (4 PAGES UNPUBLISHED)
CA97-1357. Bernice M. Hatfield v. First Baptist Church of Fort Smith, from Workersț Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Arey and Neal, JJ., agree. (5 PAGES UNPUBLISHED)
E97-219. Keith A. Gann v. Director, Employment Security Department and Cyro Industries, from Board of Review. Affirmed. Arey and Neal, JJ., agree. (5 PAGES UNPUBLISHED)
MARGARET MEADS, JUDGE:
CA97-1441. Gary McDougal and Phyllis McDougal v. Watson Treas and Anita Treas, from Little River Chancery. Affirmed. Jennings and Bird, JJ., 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).
E96-47. Karatina Williford v. Director et al.
E96-107. Patterson Cleaners, Inc. v. Director et al.
E96-175. Virginia Sue Hulsey v. Director et al.
E96-191. Linda Travis v. Director et al.
E98-78. Dennis Green v. Director et al.
E98-80. Joshua G. Cooper v. Director et al.
E98-81. Bridgette Whitehead v. Director et al.
E98-82. Southland Adult Care Center, Inc. v. Director et al.
E98-84. Kathy Richey v. Director et al.
E98-85. Larry J. Hensley v. Director et al.
E98-86. Nancy K. Thompson v. Director et al.
E98-87. Fred J. Musil Jr. v. Director et al.
CACR98-42. Jerome Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion for appeal bond. Denied.
CACR98-42. Jerome Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to supplement the record and for brief time. Granted. Record deemed supplemented. Appellee's brief due within thirty days.
CACR98-89. Johnny Mack Vinson v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.
CACR98-360. Steve Swanigan v. State of Arkansas, from Mississippi Circuit. Appellant's motion for brief time. Granted as final extension. Griffen, J., would deny.
CACR98-897. Luther Shavers, III v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file a belated brief. Granted.
CA97-380. Michael Scott Campbell v. Bonnie Joann Campbell, from Sebastian Chancery, Fort Smith District. Appellee's motion for attorney's fees. Denied. See per curiam in Jones v. Little Rock Family Planning Servs., P.A., 58 Ark. App. 250, 949 S.W.2d 568 (1997).
CA97-1434. Jo Ann Hoffmann v. Billy W. Baker, from Benton Chancery. Appellant's pro se motion for reconsideration. Denied. Clerk is directed not to accept any further pleadings from appellant in this case. Arey and Crabtree, JJ., not participating.
CA98-32. Lester Jetton et ux. v. Harry Maxfield et ux., from Columbia Chancery. Appellants' motion to dismiss cross appeal. Granted.
CA98-549. Viper Boats, Inc. v. Charles R. Storie, from Baxter Circuit. Appellant's motion to supplement the record and to amend brief. Appellant's motion for extension of time to file supplemental record with Exhibits F and G. Appellant's motion to supplement the record and to amend brief granted. Record to be supplemented by all pleadings in Baxter County Circuit No. CIV 95-120 within seven days. Appellant may file a substituted abstract and brief by November 1, 1998. Appellant's motion for extension of time to file supplemental record with Exhibits F and G granted.
CA98-721. Larry McHolan v. Shirley D. McHolan (Campbell), from Pulaski Chancery, Sixth Division. Appellant's motion to supplement the record. Granted. Record deemed supplemented.
CA98-893. Ellen Varner v. Waterloo Industries, Inc. et al., from Workers' Compensation Commission. Appellant's motion for brief time. Granted sixty days.
CA98-904. J. Scott Smith v. Tracy Dobbs, from Garland Chancery. Motion of G. Latta Bachelor, III, to withdraw as counsel for appellee. Granted.
CA98-905. Laura K. Daniel v. Stephen Daniel, from Benton Chancery. Appellee's motion to dismiss appeal. Certified to the Supreme Court.
CA98-905. Laura K. Daniel v. Stephen Daniel, from Benton Chancery. Appellant's amended motion to expedite appeal. Certified to the Supreme Court.
CA98-1002. Daniel Buchte v. State of Arkansas, from Independence Probate. Appellant's motion to supplement the record. Treated as application for writ of certiorari. Granted. Clerk to issue writ to court reporter to be returned within forty-five days.
CACR97-778. Willie Earl Henry v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion to file a reply brief.
CACR98-412. George A. Bunn v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time.
CACR98-591. Alfred Brown v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion to file a reply brief.
CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion for reconsideration.
CACR98-883. Victor Wayne Wolfe v. State of Arkansas, from Pope Circuit. Appellant's motion to correct or modify the record and for brief time.
CA98-1. Ross D. Glover et al. v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division. Appellee's motion for attorney's fees and costs.
CA98-599. John O'Hara v. J. Christy Construction Company et al., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to set a separate briefing schedule.
CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit. Appellant's pro se motion to file typewritten brief and for brief time.
CA98-973. Dugal Logging, Inc. et al. v. Arkansas Pulpwood Company, Inc., from Union Circuit. Motion of Riverwood International U.S.A., Inc. to dismiss appeal and cross-appeal.
CA98-1081. Rosie Brown v. Archild, Inc., from Workers' Compensation Commission. Pro se motion for rule on clerk to lodge transcript.
E98-178. Todd Cooper v. Director et al., from Board of Review. Motion for belated appeal.
CACR98-169. Cheryl Hart v. State of Arkansas, from Washington Circuit. Argued orally.
CA98-61. James Thomas Bell v. Samantha Bell, from Pulaski Chancery, First Division. Argued orally.
CA98-69. Jimmy Don Cox v. Bobbie Jeffers, from Crawford Chancery. Argued orally.
CACR97-843. Melvin Griffen v. State of Arkansas, from Columbia Circuit.
CACR97-930. Don Mallett v. State of Arkansas, from Baxter Circuit.
CACR97-1492. James A. Maxwell v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR97-1523. George Anthony Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR97-1560. Robert Ciesielski v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR98-8. Charles Horton v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR98-101. Shane Littleton v. State of Arkansas, from Garland Circuit.
CACR98-127. Tommy J. Davis v. State of Arkansas, from Carroll Circuit, Eastern District.
CACR98-195. Coy Jackson v. State of Arkansas, from Garland Circuit.
CACR98-233. Reginald L. Duncan v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR98-234. Ibn Kamal Islam v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR98-243. Lynville "Bud" Munnerlyn v. State of Arkansas, from Lonoke Circuit.
CACR98-268. Stacy Allen Johnison v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR98-308. Bobby Lee Treat v. State of Arkansas, from Washington Circuit.
CA97-1381. Johnette Davidson v. Little Rock School District, from Workers' Compensation Commission.
CA97-1568. Lowell D. Fonken v. Yedidiyah D. Fonken, from White Chancery.
CA98-1. Ross D. Glover et al. v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division.
CA98-14. Jeffrey Spaletta v. Carolyn Mack, from Columbia Chancery.
CA98-226. William Martin O'Fallon v. Ronnie O'Fallon, from Desha Probate.
CA98-262. Swift-Eckrich, Inc. v. Sheila Brock, from Workers' Compensation Commission.
CA98-280. Curtis Bernard Sharp v. Miller Transporters, Inc. et al., from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E98-102. Walter L. Matthews v. Director et al.
E98-103. Johnny Rosamond v. Director et al.
E98-104. Ascencion Trujillo v. Director et al.
E98-105. Staley Electric Company v. Director et al.
E98-106. Lana Todd v. Director et al.
E98-107. Terry Carter v. Director et al.
E98-108. Shenico Berry v. Director et al.
E98-109. Rosie Williams v. Director et al.
E98-110. Gregory Adams v. Director et al.
E98-111. Brandie Smith v. Director et al.
E98-112. Rhodis L. Smith v. Director et al.
E98-113. Roger D. Reynolds v. Director et al.