Fitzgerald v. Fitzgerald (Meads, J.) CA98-757
Divorce -- Change of custody; no final decree of custody awarded; chancellor erred in requiring sufficient evidence to justify change of custody; order reversed and remanded. [HTML, WP5.1]

Ford v. Chemipulp Process, Inc. (Meads, J.) CA98-47
Workers' compensation -- Medical evidence; appellant failed to establish compensable injury; aggravation must meet requirements of compensable injury; substantial evidence supported Commission's denial of benefits. [HTML, WP5.1]

Home Mut. Fire Ins. Co. v. Jones (Pittman, J.) CA97-1457
Insurance -- Hail damage; coverage not excluded; damage-causing hazard was named peril; trial court denied appellant's motions; no error found; prejudgment interest awarded; loss readily calculable; award of attorney's fees not an abuse of discretion. [HTML, WP5.1]

Schalk v. State (Griffen, J.) CACR98-227
Trial - Mistrial; State did not goad appellant to move for mistrial; case affirmed. [HTML, WP5.1]

Unicare Homes, Inc. v. Gribble (Stroud, J.) CA98-28
Torts -- Outrage; substantial evidence did not support appellee's claim; trial court erred in denying appellant's directed-verdict and judgment N.O.V. motions; reversed and dismissed. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. VanWagner (Pittman, J.) CA97-1285
Workers' compensation -- Commission found sufficient legal proof that appellee's injury had been caused by fall at work; Commission's decision supported by substantial evidence. [HTML, WP5.1]

Bailey v. State, CA CR 98-385 (Bird, J.), affirmed October 28, 1998.

Bell v. Bell, CA 98-61 (Crabtree, J.), reversed and remanded October 28, 1998.

Briggs v. State, CA CR 98-326 (Jennings, J.), affirmed October 28, 1998.

Carter v. Meek, CA 98-264 (Robbins, C.J.), affirmed October 28, 1998.

Cox v. State, CA CR 98-90 (Rogers, J.), affirmed October 28, 1998.

Edwards v. State, CA CR 98-362 (Robbins, C.J.), affirmed October 28, 1998.

Engleman v. Harrison Home Ctr., CA 98-465 (Meads, J.), affirmed October 28, 1998.

Franks v. State, CA CR 97-1483 (Stroud, J.), affirmed October 28, 1998.

Hecker v. State, CA CR 98-213 (Crabtree, J.), affirmed October 28, 1998.

Marchant Lumber Co. v. Bryant, CA 98-311 (Bird, J.), affirmed October 28, 1998.

Newby v. Newby, CA 98-27 (Neal, J.), affirmed October 28, 1998.

Randolph v. State, CA CR 98-144 (Griffen, J.), affirmed and dismissed October 28, 1998.

Richmond v. Lawson, CA 98-9 (Rogers, J.), affirmed October 28, 1998.

Byrd v. Director of Labor, E 98-160, October 28, 1998.

Central Ark. Fabrication v. Director of Labor, E 98-162, October 28, 1998.

Erby v. Director of Labor, E 98-158, October 28, 1998.

Finley v. Director of Labor, E 98-155, October 28, 1998.

Furlough v. Director of Labor, E 98-164, October 28, 1998.

Howell v. Director of Labor, E 98-153, October 28, 1998.

McGowan v. Director of Labor, E 98-159, October 28, 1998.

Stewart v. Director of Labor, E 98-163, October 28, 1998.

Stone v. Director of Labor, E 98-165, October 28, 1998.

Tyler v. Director of Labor, E 98-154, October 28, 1998.

Ward v. Director of Labor, E 98-156, October 28, 1998.

Watson v. Director of Labor, E 98-152, October 28, 1998.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-362. Jeffrey Wendell Edwards v. State of Arkansas, from Washington Circuit. Affirmed. Stroud and Meads, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-264. David Carter v. Glenda Meek, from Pope Probate. Affirmed. Stroud and Meads, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CA97-1285. Wal-Mart Stores, Inc. v. Brenda VanWagner, from Workersț Compensation Commission. Affirmed. Robbins, C.J., Rogers, Stroud, and Roaf, JJ., agree. Griffen, J., dissents. (4 PAGES + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CA97-1457. Home Mutual Fire Insurance Company v. Charles Jones and Lavonne Jones, from Benton Circuit. Affirmed. Robbins, C.J., Rogers, Stroud, and Roaf, JJ., agree. Griffen, J., dissents. (13 PAGES + 1 PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR98-326. Eric Lamar Briggs v. State of Arkansas, from Cleveland Circuit. Affirmed. Rogers and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-385. Phillip Shawn Bailey v. State of Arkansas, from Grant Circuit. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)

CA98-311. Marchant Lumber Company and Federated Mutual Insurance Company v. Rodney Bryant, from Workersț Compensation Commission. Affirmed. Pittman and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)

JUDITH ROGERS, JUDGE:

CACR98-90. James Barry Cox v. State of Arkansas, from Columbia Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED)

CA98-9. John Richmond v. Gene Lawson and Elanzo Lawson, from Lawrence Chancery. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR97-1483. Ceotis Franks v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Robbins, C.J., and Meads, J., agree. (7 PAGES UNPUBLISHED)

CA98-28. Unicare Homes, Inc., d/b/a Concordia Care Center v. James E. Gribble, III, from Benton Circuit. Reversed and Dismissed. Robbins, C.J., and Meads, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA98-27. James L. Newby v. Patsy J. Newby, from Jefferson Chancery. Affirmed. Arey and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR98-144. Cleotis Randolph v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed and Dismissed. Stroud and Neal, JJ., agree. (3 PAGES UNPUBLISHED)

CACR98-227. Jerry Lee Schalk v. State of Arkansas, from Faulkner Circuit. Affirmed. Pittman and Rogers, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR98-213. John Hecker v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Rogers, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-61. James Thomas Bell v. Samantha Bell, from Pulaski Chancery. Reversed and Remanded. Meads and Roaf, JJ., agree. (13 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CA98-47. Robert L. Ford, Sr. v. Chemipulp Process, Inc., from Workersț Compensation Commission. Affirmed. Arey, Jennings, and Crabtree, JJ., agree. Bird and Neal, JJ., dissent. (7 PAGES + 6 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CA98-465. Debbie Engleman v. Harrison Home Center, from Workersț Compensation Commission. Affirmed. Robbins, C.J., and Stroud, J., agree. (2 PAGES UNPUBLISHED)

CA98-757. Vicky L. Fitzgerald v. Scott R. Fitzgerald, from Union Chancery. Reversed and Remanded. Robbins, C.J., and Stroud, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

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

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.

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

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.

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. Granted. Allowed $750.00.

CACR98-101. Shane Littleton v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR98-106. Correy Wells v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $700.00.

CACR98-182. Randy Hyatt v. State of Arkansas, from Crawford Circuit. Motion of J. Marvin Honeycutt for attorney's fees. Granted. Allowed $850.00.

CACR98-385. Phillip Shawn Bailey v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $750.00.

CACR98-495. Martha Watts v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal and for brief time. Granted.

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

CACR98-635. Marcus D. Lewis v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion for reinstatement of appeal. Granted. Appellant's brief due within forty days. Crabtree, J., would deny. Arey, J., not participating.

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

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

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

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

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

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. Denied.

CA98-831. Kathryn D. Gilliam v. Charles E. Gilliam, from Van Buren Chancery. Appellee's motion to file a belated brief. Granted. Appellee's brief due November 11, 1998. Griffen, J., would deny.

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. Granted. Neal and Griffen, JJ., not participating.

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. Granted.

CA98-881. Southwestern Bell Telephone Company et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellants' motion to supplement the record. Granted. Record deemed supplemented. Neal and Griffen, JJ., not participating.

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. Granted.

CA98-1070. Catherine Tillery v. Carroll Evans, from Carroll Chancery, Eastern District. Appellant's motion for stay pending appeal. Denied without prejudice to request stay in trial court. See Bone v. Bone, 10 Ark. App. 347, 663 S.W.2d 945 (1984).

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

CA98-1099. Janet Isbell v. Mary Kay, Inc., from Pulaski Circuit, Third Division. Motion of appellant/cross-appellee to stay the briefing schedule. Transferred to the Supreme Court as related to 98- 489. Neal and Griffen, JJ., not participating.

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

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. Moot.

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

The following case is dismissed for failure to file briefs.

CA98-929. Robert Frank Wood v. Robin Lee Wood, from Crawford Chancery.

CACR97-1092. James Hunter v. State of Arkansas, from Mississippi Circuit. Motion of Mikke Connealy Marshall for attorney's fees.

CACR97-1279. Larry Nixon v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR97-1529. Patrick Brown v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees.

CACR98-187. Toby Patrick Craig v. State of Arkansas, from Nevada Circuit. Appellant's second petition for writ of certiorari to complete the record.

CACR98-208. Helen M. Johnson v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-234. Ibn Kamal Islam v. State of Arkansas, from Sebastian Circuit. Motion of Coy J. Rush, Jr. for attorney's fees.

CACR98-363. Kevin V. Taylor v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR98-459. Dennis Burrell v. State of Arkansas, from Hot Spring Circuit. Appellant's motion to expedite.

CACR98-709. Frank Edward Wheeler v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time.

CACR98-759. J.C. Reid, Jr. v. State of Arkansas, from White Circuit. Motion of William C. McArthur to be appointed as counsel for appellant.

CACR98-935. Cephas Brewer v. State of Arkansas, from Benton Circuit. Motion of Theresa Nazario to withdraw as counsel for appellant and entry of appearance of Karen Pope Greenaway as counsel and motion for brief time.

CACR98-1111. Harold David Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion to complete the record and for brief time.

CA97-1123. Lillian Dunham v. Arkansas Department of Human Services, from Benton Chancery. Motion of Brent A. Capehart for attorney's fees.

CA98-674. Gerald T. Mitchell et ux. v. Gary David Knuckles et ux., from Bradley Chancery. Appellants' motion for brief time.

CA98-733. Ida Mae Henry v. Gary Cross d/b/a Cross Construction Company et al., from Miller Chancery. Appellees' petition for writ of certiorari to complete the record and for brief time.

CA98-850. Boatmen's Arkansas, Inc. v. Jim G. Farmer, III, from Pulaski Circuit. Appellant's motion to request oral argument.

CA98-1090. Vincent Maxwell v. State of Arkansas Child Support Enforcement Unit (Josetta) Halton, from Jefferson Chancery. Appellant's motion to supplement the record and for brief time.

CA98-1274. Billy Phillips et ux. v. Arkansas Department of Human Services, from Benton Chancery. Appellants' motion to proceed in forma pauperis.

CACR98-458. Johnette Williams v. State of Arkansas, from Washington Circuit. Argued orally.

CA98-506. Wayne Riffle et al. v. United General Title Insurance Company et al., from Pulaski Circuit, Third Division. Argued orally.

CACR98-157. Curtis Ashlock v. State of Arkansas, from Crawford Circuit.

CACR98-281. Charles Lindburg Cox Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR98-329. Jason Mark Smith v. State of Arkansas, from Benton Circuit.

CACR98-447. Ted Byron Wade v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR98-482. Walter E. Douthit v. State of Arkansas, from Montgomery Circuit.

CACR98-520. Mark Stanley Lee v. State of Arkansas, from Clark Circuit.

CACR98-543. John Killingsworth v. State of Arkansas, from Garland Circuit.

CACR98-686. Tina Marie McGrew v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA97-1558. Paul Neel et ux. v. August Synoground et al., from Sebastian Chancery, Greenwood District.

CA98-140. Bill Crawford v. Lee County School District, from Lee Circuit.

CA98-141. Bettie Jordan Clark et al. v. Progressive Insurance Company, from Chicot Circuit.

CA98-263. Patricia Bunn v. Dorothy Luthultz, from Independence Chancery.

CA98-269. Doris Whitaker Lindsay v. Gary David Mars, from Sebastian Probate, Fort Smith District.

CA98-293. Dana Kellerman et al. v. Marianne Zeno, from Pulaski Circuit, Seventh District.

CA98-294. Betty Strickland v. Helena Chemical Company, from Workers' Compensation Commission.

CA98-402. Teresa Hollinger v. Walter Henry Hollinger, from Drew Chancery.

CA98-416. Nancy Lynch v. Boatmen's Bank, as Successor to Worthen Bank, from Pulaski Circuit, Second Division.

CA98-600. James Taylor v. Death and Permanent Total Disability Trust Fund, from Workers' Compensation Commission.

CA98-616. Peggy Arnold v. Tyson Foods, Inc., from Workers' Compensation Commission.

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

E98-3. Christina Thiel v. Director et al.

E98-13. P. Deniece Snell v. Director et al.

E98-35. Pauline Flinn v. Director et al.