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

Opinions delivered
October 21, 1998


Download ZIP file containing today's WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

McLaughlin v. Sicard (Rogers, J.) CA98-131
Adverse possession -- Proof of enclosure and pasturage of cattle on land sufficient to prove adverse possession by predecessors in interest; appellee's silence on claim did not cast doubt on title received from predecessors in interest; order quieting title to tract in appellees affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Block v. Director, E 97-262 (Roaf, J.), affirmed October 21, 1998.

Davis v. State, CA CR 98-127 (Pittman, J.), affirmed October 21, 1998.

Dean v. Alan White Co., CA 98-430 (Meads, J.), affirmed October 21, 1998.

Logan v. State, CA CR 98-390 (Roaf, J.), affirmed October 21, 1998.

Gifford v. Buildings, Inc., CA 98-292 (Stroud, J.), affirmed October 21, 1998.

Harris v. Arkansas Power & Light Co., CA 98-354 (Jennings, J.), affirmed October 21, 1998.

Hooker v. Tri-State Mechanical & Elec., CA 98-298 (Crabtree, J.), affirmed October 21, 1998.

Jones v. Arkadelphia Pub. Schs., CA 98-420 (Crabtree, J.), affirmed October 21, 1998.

Rich v. Phycor, CA 98-384 (Bird, J.), affirmed in part; reversed and remanded in part October 21, 1998.

TEC v. Underwood, CA 98-376 (Robbins, C.J.), affirmed October 21, 1998.

Young v. S&M Foods, Inc., CA 97-1433 (Arey, J.), affirmed October 21, 1998.

CASES AFFIRMED WITHOUT OPINION

Green With Ivy v. Director of Labor, E 98-150, October 21, 1998.

Johnson v. Director of Labor, E 98-144, October 21, 1998.

Jones, Daniel R. v. Director of Labor, E 98-143, October 21, 1998.

Lea v. Director of Labor, E 96-80, October 21, 1998.

Posey v. Director of Labor, E 98-141, October 21, 1998.

Richardson v. Director of Labor, E 98-145, October 21, 1998.

Stepek v. Director of Labor, E 98-146, October 21, 1998.

Bethea v. Director of Labor, E 98-147, October 21, 1998.

Adams v. Director of Labor, E 98-148, October 21, 1998.

Tayrien v. Director of Labor, E 98-142, October 21, 1998.

Tayrien v. Director of Labor, E 98-149, October 21, 1998.

U.S. Pizza v. Director of Labor, E 98-151, October 21, 1998.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CA98-376. TEC v. Michelle Underwood, from Workersț Compensation Commission. Affirmed. Bird and Rogers, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR98-127. Tommy J. Davis v. State of Arkansas, from Carroll Circuit. Affirmed. Arey and Jennings, JJ., agree. (2 PAGES UNPUBLISHED)

D. FRANKLIN AREY, III, JUDGE:

CA97-1433. Venita T. Young v. S&M Foods, Inc., from Pulaski Circuit. Affirmed. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CA98-354. Kenny Harris v. Arkansas Power & Light Company, from Workers' Compensation Commission. Affirmed. Pittman and Meads, JJ., agree. (4 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CA98-384. Roy Rich v. Phycor of Fort Smith, from Workersț Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Robbins, C.J., and Rogers, J., agree. (8 PAGES UNPUBLISHED)

JUDITH ROGERS, JUDGE:

CA98-131. Larry McLaughlin et al. v. Samuel Sicard et al., from Sebastian Chancery, Greenwood District. Affirmed. Robbins, C.J., and Bird, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA98-292. Kenny Gifford v. Buildings, Inc., from Workersț Compensation Commission. Affirmed. Neal and Griffen, JJ., agree. (9 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CA98-298. Tony Hooker v. Tri-State Mechanical & Electrical, from Workers' Compensation Commission. Affirmed. Meads and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-420. Missy T. Jones v. Arkadelphia Public Schools, from Workers' Compensation Commission. Affirmed. Meads and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CA98-430. Robbie Lee Dean v. Alan White Company, from Workersț Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR98-390. Adina Logan v. State of Arkansas, from Sebastian Circuit. Affirmed. Crabtree and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

E97-262. Otis Block v. Director, Employment Security Department and Wells Fargo Armored Services Corporation, a/k/a Loomis Fargo & Company, from Board of Review. Affirmed. Crabtree and Meads, JJ., agree. (4 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).

E96-80.

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 v. Director et al.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR98-195. Coy Jackson v. State of Arkansas, from Garland Circuit.

CA96-1205. John Holloway v. Ray White Lumber Company et al., from Workers' Compensation Commission.

CA97-1441. Gary and Phyllis McDougal v. Watson and Anita Treas, from Little River Chancery.

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

E98-92. Henryk Szwedo v. Director et al., from Board of Review.

* * * * * * * * * * * * * * * * * * * *

CACR97-1438. Michael Eugene Jackson v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees.

CACR98-101. Shane Littleton v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-106. Correy Wells v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-182. Randy Hyatt v. State of Arkansas, from Crawford Circuit. Motion of J. Marvin Honeycutt for attorney's fees.

CACR98-456. Robert E. Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CACR98-613. Jon David Browning v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal and for brief time.

CACR98-634. Jessie Lee Farver v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer to be appointed counsel for appellant.

CACR98-635. Marcus D. Lewis v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion for reinstatement of appeal.

CACR98-658. Ricky Ashley v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion to file a belated reply brief.

CACR98-714. Timothy Wade Lewis v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time.

CACR98-909. Willie Wells, III v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for stay pending appeal.

CACR98-1022. Jerry Lewis Jarrett v. State of Arkansas, from Sebastian Circuit. Appellant's motion to file a belated brief.

CA98-1. Ross Glover et ux. v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division. Appellants' motion for costs.

CA98-75. Zachary Daniel v. State of Arkansas, from Benton Chancery. Appellee's motion to dismiss appeal.

CA98-396. Accent Builders, Incorporated v. Lovie Darby, from St. Francis Circuit. Appellee's motion for attorney's fees and costs.

CA98-630. Arleta M. Sheffield v. Ricky P. Teague, from Crawford Chancery. Appellant's motion to file a belated reply brief.

CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit. Appellant's pro se motion for reconsideration of denial of motion to certify to the Supreme Court.

CA98-831. Kathryn D. Gilliam v. Charles E. Gilliam, from Van Buren Chancery. Appellee's motion to file a belated brief.

CA98-851. Jimmie Ray Garrett and Tilda Garrett, Individually and as Administrators of the Estate of April Jane Garrett, Deceased v. Frank Mitchell and Connie Mitchell et al., from Hot Spring Circuit. Motion of separate appellees, Frank Mitchell and Connie Mitchell, to dismiss appeal and to stay brief time.

CA98-862. In the Matter of the Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Probate. Appellant's motion for oral argument.

CA98-881. Southwestern Bell Telephone Company et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellants' motion to supplement the record.

CA98-1064. Sarah Ellison v. Therma Tru et al., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to set a separate briefing schedule.

CA98-1070. Catherine Tillery v. Carroll Evans, from Carroll Chancery, Eastern District. Appellant's motion for stay pending appeal.

CA98-1094. James Richard Ward et al. v. Amy Loomis and Millie Ward, from Fulton Chancery. Appellants' motion to file a belated brief.

CA98-1099. Janet Isbell v. Mary Kay, Inc., from Pulaski Circuit, Third Division. Motion of appellant/cross-appellee to stay the briefing schedule.

CA98-1127. Bettie Katherine Shivey v. Kenneth Paul Shivey, from Conway Chancery. Appellee's motion to dismiss appeal.

CA98-1161. Wanna Anderson v. Arkansas Department of Human Services, Child Care Facilities Review Board, from Pulaski Circuit, Fifth Division. Appellee's motion to vacate stay.

CA98-1161. Wanna Anderson v. Arkansas Department of Human Services, Child Care Facilities Review Board, from Pulaski Circuit, Fifth Division. Appellant's motion for extension of time to respond to motion to vacate stay.

CA98-1232. Charles Smith v. Holsum Baking Company, from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA98-1246. E.A. Kubisty et al. v. Roger Gray, from Pulaski Chancery, Sixth Division. Appellants' pro se motion for stay of judgment and accelerated proceedings.

CA98-1246. E.A. Kubisty et al. v. Roger Gray, from Pulaski Chancery, Sixth Division. Appellee's motion to dismiss appeal.