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

Opinions delivered
October 14, 1998


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Alltel Mobile Communications, Inc. v. Arkansas Pub. Serv. Comm'n (Roaf, J.) CA97-826
Public Service Commission -- Act terminated regulatory authority over commercial mobile-service providers; no jurisdiction to require compliance with statutory requirements for gross-earnings reports and fees; orders reversed and remanded. [HTML, WP5.1]

Atkins v. State (Roaf, J.) CACR98-77
Criminal law -- Felonious intent may be inferred from surrounding circumstances; sufficient evidence presented from which jury could infer intent to commit theft. [HTML, WP5.1]

Diehl v. State (Crabtree, J.) CACR98-304
Automobiles -- DWI; appellant in actual physical control of vehicle; conviction affirmed. [HTML, WP5.1]

Huffman v. Fisher (Bird, J.) CA97-1493
Parent & child -- Changing name of child; chancellor looked into circumstances of case and acted as welfare of child appeared to require; chancellor did not abuse discretion in concluding that child's surname should be that of his father. [HTML, WP5.1]

Reaves v. Reaves (Rogers, J.) CA97-1491
Appeal & error -- Chancellor failed to consider all evidence presented; case remanded. [HTML, WP5.1]

Woodson v. Johnson (Meads, J.) CA97-1422
Divorce -- Child support; no material change justifying decrease; reversed with instructions to reinstate original award. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Baker v. Pulaski County Special Sch. Dist., CA 98-322 (Neal, J.), affirmed October 14, 1998.

Clark v. State, CA CR 98-86 (Bird, J.), affirmed October 14, 1998.

Johnson v. State, CA CR 98-208 (Stroud, J.), affirmed October 14, 1998.

Moore v. Kiene, CA 97-1347 (Rogers, J.), affirmed October 14, 1998.

Nixon v. State, CA CR 97-1279 (Pittman, J.), affirmed October 14, 1998.

Raines v. First Nationwide Mtg. Corp., CA 97-1562 (Robbins, C.J.), affirmed October 14, 1998.

Robertson v. State, CA CR 98-219 (Crabtree, J.), affirmed October 14, 1998.

Taylor v. State, CA CR 98-363 (Meads, J.), affirmed October 14, 1998.

Teague v. Wal-Mart Stores, CA 98-366 (Arey, J.), affirmed October 14, 1998.

Willis v. State, CA CR 97-1533 (Jennings, J.), affirmed October 14, 1998.

CASES AFFIRMED WITHOUT OPINION

Brazil v. Director of Labor, E 98-128, October 14, 1998.

Brown v. Director of Labor, E 98-138, October 14, 1998.

Jones, Mark v. Director of Labor, E 98-139 v. Director et al.

1998. Lloyd v. Director of Labor, E 98-129, October 14, 1998.

Peternell v. Director of Labor, E 98-132, October 14, 1998.

Pride v. Director of Labor, E 98-136, October 14, 1998.

Schreiber v. Director of Labor, E 98-127, October 14, 1998.

Smith, Rhodis L. v. Director of Labor, E 98-140, October 14, 1998.

Smith, Steven v. Director of Labor, E 98-137, October 14, 1998.

Southern Pavers, Inc. v. Director of Labor, E 98-131, October 14, 1998.

Webb v. Director of Labor, E 98-134, October 14, 1998.

White v. Director of Labor, E 98-133, October 14, 1998.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CA97-1562. Drew Malone Raines III v. First Nationwide Mortgage Corporation and Margaret Davenport, Trustee, from Pulaski Chancery, Sixth Division. Affirmed. Bird and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR97-1279. Larry Nixon v. State of Arkansas, from Jefferson Circuit. Affirmed. Rogers and Griffen, JJ., agree. (7 PAGES UNPUBLISHED)

D. FRANKLIN AREY, III, JUDGE:

CA98-366. Sharon Teague v. Wal-Mart Stores, from Workersț Compensation Commission. Affirmed. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR97-1533. Michael Willis v. State of Arkansas, from Jackson Circuit. Affirmed. Bird and Meads, JJ., agree. (4 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-86. Larry Dean Clark v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Robbins, C.J., and Rogers, J., agree. (12 PAGES UNPUBLISHED)

CA97-1493. Kara Kathleen Huffman et al. v. John Nicholas Fisher, from Cross Chancery. Affirmed. Jennings and Crabtree, JJ., agree. Arey, Neal, and Meads, JJ., dissent. (9 PAGES + 6 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CA97-1347. Uel and Grace Kathryn Moore v. Rosa Anna Kiene et al., from Crawford Chancery. Affirmed. Robbins, C.J., and Bird, J., agree. (4 PAGES UNPUBLISHED)

CA97-1491. Randy Reaves v. Cindy Lou Reaves and Office of Child Support Enforcement, from Desha Chancery. Reversed and Remanded. Pittman and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR98-208. Helen M. Johnson v. State of Arkansas, from Garland Circuit. Affirmed. Neal, J., agrees. Griffen, J., concurs. (4 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CA98-322. Virginia Baker v. Pulaski County Special School District, from Workersț Compensation Commission. Affirmed. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR98-219. Jonathan Blake Robertson v. State of Arkansas, from Saline Circuit. Affirmed. Meads and Roaf, JJ., agree. (8 PAGES UNPUBLISHED)

CACR98-304. Edwin D. Diehl v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Meads and Roaf, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR98-363. Kevin V. Taylor v. State of Arkansas, from Crittenden Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

CA97-1422. John Steven Woodson v. Vicki R. Woodson Johnson, from Pulaski Chancery. Reversed. Jennings, Bird, Neal, Griffen, and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR98-77. Ozzie Atkins v. State of Arkansas, from Crittenden Circuit. Affirmed. Robbins, C.J., Bird, and Meads, JJ., agree. Jennings and Stroud, JJ., dissent. (4 PAGES + 6 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CA97-826. Alltel Mobile Communications, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Reversed and Remanded. Robbins, C.J., Jennings, Bird, Stroud, and Meads, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

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).

E98-127.Rosemary Schreiber v. Director et al.

E98-128.Quonya L. Brazil v. Director et al.

E98-129.Angela C. Lloyd v. Director et al.

E98-131.Southern Pavers, Inc. v. Director et al.

E98-132.Robert Peternell v. Director et al.

E98-133.Lawrence E. White v. Director et al.

E98-134.Robert Webb v. Director et al.

E98-136.Melvin Pride v. Director et al.

E98-137.Steven Smith v. Director et al.

E98-138.Carlette R. Brown v. Director et al.

E98-139.Mark Jones v. Director et al.

E98-140.Rhodis L. Smith v. Director et al.

PER CURIAM ORDERS

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

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. Granted. Movant to provide accurate reproduction.

CACR97-1533. Michael Willis v. State of Arkansas, from Jackson Circuit. Motion of Val P. Price for attorney's fees. Granted. Allowed $800.00.

CACR98-7. Jeffrey Eugene Grant v. State of Arkansas, from Polk Circuit. Motion of Randy Rainwater for attorney's fees. Granted. Allowed $750.00.

CACR98-48. David Lewis v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees. Granted. Allowed $750.00.

CACR98-52. Julius Silverman v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees. Granted. Allowed $850.00.

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. Denied.

CACR98-92. Gary K. Rogers v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR98-155. David L. Oakes v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees. Granted. Allowed $650.00.

CACR98-491. Robert Lee Smith, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion to recall mandate and reinstate appeal. Denied. Neal, J., not participating.

CACR98-1018. Charles Wade Erwin v. State of Arkansas, from Clark Circuit. Motion of Harold W. Madden to be relieved as counsel for appellant and for brief time. Granted. Mark Denniston appointed. Appellant's brief due within forty days.

CA97-1347. Uel Moore et ux. v. Rosa Anna Kiene et al., from Crawford Chancery. Appellees' motion to advance and affirm. Denied. See opinion this date.

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. Granted.

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

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

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

CA98-987. Michelle E. Adams v. Michael E. Adams, from Poinsett Chancery. Appellant's motion to supplement the record. Remanded to the trial court to settle the record within thirty days.

The following case is dismissed for failure to file briefs.

CACR98-756. Dwight W. Gay v. State of Arkansas, from White Circuit. Meads, J., not participating.

SUBMISSIONS

CA97-1165. Jerry E. Smith v. Shana Benson Crumley Smith, from Union Chancery. Argued orally.

CA98-58. Donald Gene Smith et ux. v. Royce Malotte et al., from Carroll Chancery, Eastern District. Argued orally.

CA98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc., et al., from Pulaski Chancery, Second Division. Argued orally.

CACR96-1471. Lee Allen Langston v. State of Arkansas, from Scott Circuit.

CACR97-1554. Joel Dyer v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR98-180. Charles Fields v. State of Arkansas, from Garland Circuit.

CACR98-319. Duane Murphy Baxter v. State of Arkansas, from Baxter Circuit.

CACR98-321. Carlos Cortez Hall v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-335. Kevin Thomas v. State of Arkansas, from Hot Spring Circuit.

CACR98-358. Nicki Ray Weeks v. State of Arkansas, from Baxter Circuit.

CACR98-513. Johnny Davies Jr. v. State of Arkansas, from Garland Circuit.

CA98-75. Zachary Daniel v. State of Arkansas, from Benton Chancery.

CA98-158. James L. May et ux. v. Elizabeth Walsh Allgood et al., from Hempstead Chancery.

CA98-175. Richard Phillips v. Syroco, Inc., from Workers' Compensation Commission.

CA98-236. Don K. Fryer et al. v. Guy Boyett, from Faulkner Circuit.

CA98-265. Colen Edwards v. Henry King Marsh et ux., from Van Buren Chancery.

CA98-267. James Blocker et ux. v. H.W. Thomas, from Chicot Chancery.

CA98-365. Tim Lincoln v. AAA Bail Bond Company et al., from Pulaski Circuit, Third Division.

CA98-388. Cecilia Franco v. North Arkansas Poultry et al., from Workers' Compensation Commission.

CA98-396. Accent Builders, Inc. v. Lovie Darby, from St. Francis Circuit.

CA98-502. Eddie Inskeep v. Emerson Electric, from Workers' Compensation Commission.

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

E97-236. Riverside Furniture Corporation v. Director et al.

E97-261. Chris D. Withers v. Director et al.

E97-280. Pauline Flinn v. Director et al.

E98-152. Otis Watson III v. Director et al.

E98-153. Barbara Howell v. Director et al.

E98-154. Veronica N. Tyler v. Director et al.

E98-155. Tawanna C. Finley v. Director et al.

E98-156. Walter M. Ward v. Director et al.

E98-158. Barbara Erby v. Director et al.

E98-159. Debra E. McGowan v. Director et al.

E98-160. Cliff A. Byrd v. Director et al.

E98-162. Central Arkansas Fabrication v. Director et al.

E98-163. Jimmie A. Stewart v. Director et al.

E98-164. Deloise Furlough v. Director et al.

E98-165. Patty L. Stone v. Director et al.