Campbell v. Campbell (Stroud, J.) CA97-380
Parent & child -- Custody; cohabitation as factor in deciding best interest of children; appellee met burden of proof; sufficient evidence of changed circumstances; decision that change of custody was in best interests of children not clearly against preponderance of evidence. [HTML, WP5.1]

Gibson v. Herring (Neal, J.) CA98-181
Judgment -- Summary judgment; genuine material issue of fact remained to be determined; summary judgment erroneously granted on issue of fraudulent concealment. [HTML, WP5.1]

Minnesota Mining & Mfg. v. Baker (Neal, J.) CA97-1403
Workers' compensation -- Commission found appellee's hearing loss caused by his employment; finding supported by substantial evidence; compensation for scheduled injuries awarded without regard to statute of limitations. [HTML, WP5.1]

Shults v. Pulaski County Special Sch. Dist. (Meads, J.) CA98-314
Workers' compensation -- Injury compensable as employment services; case reversed and remanded. [HTML, WP5.1]

Sparks Reg'l Med. Ctr. v. Smith (Pittman, J.) CA97-1478
Torts -- Negligent supervision; evidence supported finding of. [HTML, WP5.1]

Arkansas Dep't of Human Servs. v. Mellor, CA 98-317 (Griffen, J.), affirmed October 7, 1998.

Cox v. Jeffers, CA 98-69 (Meads, J.), dismissed October 7, 1998.

Davis v. State, CA CR 98-132 (Pittman, J.), affirmed October 7, 1998.

Duncan v. State, CA CR 98-233 (Jennings, J.), affirmed October 7, 1998.

Groves v. Tripp, CA 97-1151 (Stroud, J.), affirmed October 7, 1998.

Hart v. State, CA CR 98-169 (Roaf, J.), affirmed October 7, 1998.

Haynes v. State, CA CR 98-51 (Stroud, J.), affirmed October 7, 1998.

Horton v. State, CA CR 98-8 (Griffen, J.), affirmed October 7, 1998.

Leopard v. State, CA CR 98-325 (Meads, J.), affirmed October 7, 1998.

Michael v. Roberson, CA 97-1323 (Arey, J.), affirmed October 7, 1998.

Mosley v. State, CA CR 98-556 (Per Curiam), Appellant's Motion to Supplement the Record and to Stay Brief Time; granted in part; denied in part October 7, 1998.

Mumit v. State, CA CR 98-337 (Roaf, J.), affirmed October 7, 1998.

Rutledge v. Rutledge, CA 97-1567 (Jennings, J.), dismissed in part; affirmed in part October 7, 1998.

Stith v. Black, Inc., CA 98-238 (Bird, J.), affirmed October 7, 1998.

Watkins v. ACCO, Inc., CA 98-343 (Roaf, J.), affirmed October 7, 1998.

Wells v. State, CA CR 98-106 (Neal, J.), affirmed October 7, 1998.

Williams v. State, CA CR 97-1546 (Rogers, J.), affirmed October 7, 1998.

Treat v. State, CA CR 98-308 (Rogers, J.), affirmed October 7, 1998.

Yandell v. Darling Store Fixtures, CA 98-253 (Robbins, C.J.), affirmed October 7, 1998.

Bridges v. Director of Labor, E 98-120, October 7, 1998.

Capitol City Patrol v. Director of Labor, E 98-115, October 7, 1998.

Cole v. Director of Labor, E 98-118, October 7, 1998.

Faulks v. Director of Labor, E 98-125, October 7, 1998.

Herring v. Director of Labor, E 98-123, October 7, 1998.

Johnson v. Director of Labor, E 98-121, October 7, 1998.

Kohler v. Director of Labor, E 98-117, October 7, 1998.

Price v. Director of Labor, E 98-126, October 7, 1998.

Purdy v. Director of Labor, E 98-122, October 7, 1998.

Richardson v. Director of Labor, E 98-114, October 7, 1998.

Sinclair v. Director of Labor, E 98-119, October 7, 1998.

Swart v. Director of Labor, E 98-124, October 7, 1998.

JOHN B. ROBBINS, CHIEF JUDGE:

CA98-253. Pamela Hayes Yandell v. Darling Store Fixtures, from Workers' Compensation Commission. Affirmed. Bird and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR98-132. Willie Louis Davis v. State of Arkansas, from Clark Circuit. Affirmed. Arey and Jennings, JJ., agree. (4 PAGES UNPUBLISHED)

CA97-1478. Sparks Regional Medical Center v. Donna Smith, from Crawford Circuit. Affirmed. Rogers and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

D. FRANKLIN AREY, III, JUDGE:

CA97-1323. David R. Michael and Patricia J. Michael v. George Roberson and Sarah Roberson, from Jefferson Chancery. Affirmed. Pittman and Jennings, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR98-233. Reginald L. Duncan v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Arey, JJ., agree. (3 PAGES UNPUBLISHED)

CA97-1567. William Rutledge v. Marilyn Rutledge, from Pulaski Chancery. Dismissed in Part; Affirmed in Part. Pittman and Arey, JJ., agree. (3 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CA98-238. Roy D. and Vicki M. Stith v. Black, Inc., from Arkansas Chancery, Southern District. Affirmed. Robbins, C.J., and Rogers, J., agree. (8 PAGES UNPUBLISHED)

JUDITH ROGERS, JUDGE:

CACR97-1546. Timothy Lamar Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (2 PAGES UNPUBLISHED)

CACR98-308. Bobby Lee Treat v. State of Arkansas, from Washington Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (2 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR98-51. Walter Haynes v. State of Arkansas, from Union Circuit. Affirmed. Neal and Griffen, JJ., agree. (8 PAGES UNPUBLISHED)

CA97-380. Michael Scott Campbell v. Bonnie Campbell, from Sebastian Chancery. Affirmed. Jennings and Bird, JJ., agree. Robbins, C.J., Meads, and Roaf, JJ., dissent. (12 PAGES + 9 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CA97-1151. Donna Tripp Groves v. Ricky Tripp, from Pulaski Chancery, Fourth Division. Affirmed. Neal and Griffen, JJ., agree. (3 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR98-106. Correy Wells v. State of Arkansas, from Garland Circuit. Affirmed. Stroud and Griffen, JJ., agree. (3 PAGES UNPUBLISHED)

CA97-1403. Minnesota Mining & Manufacturing and Old Republic Insurance Company v. Theodore Baker, from Workersț Compensation Commission. Affirmed. Stroud, Crabtree, and Roaf, JJ., agree. Griffen and Meads, JJ., dissent. (8 PAGES + 5 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CA98-181. Jim Gibson v. Jim Herring, d/b/a The Gem Shop, from Pulaski Circuit, Third Division. Reversed and Remanded. Stroud and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR98-8. Charles Horton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Stroud and Neal, JJ., agree. (4 PAGES UNPUBLISHED)

CA98-317. Arkansas Department of Human Services v. Michael Mellor, from Benton Chancery, Juvenile Division. Affirmed. Pittman and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR98-325. Racheal S. Leopard v. State of Arkansas, from Sevier Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-69. Jimmy Don Cox et al. v. Bobbie Jeffers et al., from Crawford Chancery. Dismissed. Crabtree and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-314. Richard E. Shults v. Pulaski County Special School District, from Workers' Compensation Commission. Reversed and Remanded. Crabtree and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR98-169. Cheryl Hart v. State of Arkansas, from Washington Circuit. Affirmed. Crabtree and Meads, JJ., agree. (8 PAGES UNPUBLISHED)

CACR98-337. Malik Mumit v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Meads, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-343. Carolyn Watkins v. ACCO, Inc., from Workersț Compensation Commission. Affirmed. Arey and Crabtree, JJ., agree. (6 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).

E98-114.Marilyn Richardson v. Director et al.

E98-115.Capitol City Patrol v. Director et al.

E98-117.Johnnie M. Kohler v. Director et al.

E98-118.Clemond Hewice Cole II v. Director et al.

E98-119.Marianne Sinclair v. Director et al.

E98-120.Paul N. Bridges v. Director et al.

E98-121.Kenneth Johnson v. Director et al.

E98-122.Leslie G. Purdy v. Director et al.

E98-123.Katrina Herring v. Director et al.

E98-124.Mavis M. Swart v. Director et al.

E98-125.Barbara A. Faulks v. Director et al.

E98-126.Jimmy D. Price v. Director et al.

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

CA97-1431. Joe Brennan General Contracting et al. v. Randy Adair, from Workers' Compensation Commission.

CACR97-1544. Howard Hipp v. State of Arkansas, from Ashley Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees. Granted. Allowed $750.00.

CACR98-68. Christopher James Black v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR98-121. Raymond Ralph Nelson v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees. Granted. Allowed $950.00.

CACR98-185. John L. Mann v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees. Granted. Allowed $750.00.

CACR98-474. Curtis Wayne Moss v. State of Arkansas, from Poinsett Circuit. Appellant's motion to file a belated reply brief. Granted.

CACR98-556. Tommy Mosley v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record and to stay brief time. Granted in part; denied in part. See per curiam this date. (2 PAGES UNPUBLISHED)

PETITION FOR REHEARING:

CACR97-1479. Harold Wayne Pate v. State of Arkansas, from Miller Circuit.

CACR89-3. Emanuel George Devose v. State of Arkansas, from Jefferson Circuit. Motion for release of exhibit.

CACR98-7. Jeffrey Eugene Grant v. State of Arkansas, from Polk Circuit. Motion of Randy Rainwater for attorney's fees.

CACR98-26. Steven Hill v. State of Arkansas, from Mississippi Circuit. Motion of John H. Bradley for attorney's fees.

CACR98-48. David Lewis v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR98-52. Julius Silverman v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR98-72. Danny Lamont McDaniel v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of James P. Clouette to be substituted as counsel for appellant and to set a new briefing schedule.

CACR98-92. Gary K. Rogers v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-155. David L. Oakes v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR98-385. Phillip Shawn Bailey v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CA98-139. Benjamin H. Jordan, Sr., d/b/a Mid-South Masonry & Mechanical Company et al. v. Carrie Thomas, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.

CA98-653. Junior C. McDaniel v. Coca Cola Bottling Company, from Workers' Compensation Commission. Appellant's motion to file a belated reply brief.

CA98-749. Carolyn Ainsworth v. James F. Kyser, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

CA98-946. Jeff Watkins v. Calvin Watkins Concrete, from Workers' Compensation Commission. Appellant's motion to file a belated brief.

CA98-987. Michelle E. Adams v. Michael E. Adams, from Poinsett Chancery. Appellant's motion to supplement the record.

CA98-28. Unicare Homes, Inc. v. James E. Gribble III, from Benton Circuit. Argued orally.

CACR97-1483. Ceotis Franks v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-26. Steven Earl Hill Sr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR98-197. Mary Lou Berner v. State of Arkansas, from Washington Circuit.

CACR98-213. John Hecker v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-237. Larron Clark McDaniel v. State of Arkansas, from Faulkner Circuit.

CACR98-247. Steven Ron Fortson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR98-326. Eric Lamar Briggs v. State of Arkansas, from Cleveland Circuit.

CACR98-362. Jeffrey Wendell Edwards v. State of Arkansas, from Washington Circuit.

CACR98-385. Phillip Shawn Bailey v. State of Arkanas, from Grant Circuit.

CA98-27. James L. Newby v. Patsy J. Newby, from Jefferson Chancery.

CA98-40. Paul Craig Jordan v. Jerry D. Sweetser, Inc., from Washington Circuit.

CA98-110. Vera L. Stine Davis et al. v. Bucky Sanders et al., from Garland Circuit.

CA98-207. Frankie Sapp v. Phelphs Trucking, Inc., from Workers' Compensation Commission.

CA98-230. Jamie Woodard et ux. v. Justin Ridenhour et ux., from Scott Chancery.

CA98-264. David Carter v. Glenda Meek, from Pope Probate.

CA98-311. Marchant Lumber Company v. Rodney Bryant, from Workers' Compensation Commission.

CA98-345. Gayle Jeanne Medlin v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

CA98-346. Donna Beth Caldwell Nickles v. Max Allen Caldwell, from Cross Chancery.

CA98-351. Darrell Brock v. Joseph R. Difani et al., from Jackson Circuit.

CA98-465. Debbie Engleman v. Harrison Home Center, from Workers' Compensation Commission.

CA98-476. Bobby Stevenson v. James River Corporation, from Workers' Compensation Commission.

CA98-565. Tim Wilson v. Eagle Seed Company, from Workers' Compensation Commission.

CA98-757. Vicky L. Fitzgerald v. Scott R. Fitzgerald from Union Chancery.

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

E96-80. Tony Elvis Lea v. Director et al.

E98-141. Shannon L. Posey v. Director et al.

E98-142. Andrew Tayrien v. Director et al.

E98-143. Daniel R. Jones v. Director et al.

E98-144. Marsha L. Johnson v. Director et al.

E98-145. Marilyn Richardson v. Director et al.

E98-146. John C. Stepek v. Director et al.

E98-147. Sherri A. Bethea v. Director et al.

E98-148. Mary A. Adams v. Director et al.

E98-149. Andrew Tayrien v. Director et al.

E98-150. Green with Ivy v. Director et al.

E98-151. U.S. Pizza Company v. Director et al.