Opinions delivered
October 29, 1998
Arkansas Bd. of Examiners in Counseling v. Carlson (Corbin, J.) 98-102
Administrative law & procedure -- Circuit court
erred in reversing Board's decision to revoke license; circuit
court's ruling reversed; Board's decision reinstated.
[HTML,
WP5.1]
Arkansas County Farm Bureau v. McKinney (Newbern, J.) 97-1192
Actions -- Class action; no need for certification
of class in action brought under Ark. R. Civ. P. 23.2.
[HTML,
WP5.1]
Corbit v. State (Newbern, J.) 98-212
Judgment -- Finality; conditional order not final
for purposes of appeal.
[HTML,
WP5.1]
Efurd v. State (Glaze, J.) CR97-1208
Criminal procedure -- Probable cause existed for
arrest; failure to give Ark. R. Crim. P. 2.3 warning irrelevant;
typed noted properly allowed into evidence; prosecutor's comments
harmless error; evidence of physical abuse overwhelming; trial
court's explanation sufficient to remove any prejudice.
[HTML,
WP5.1]
Fonken v. Fonken (Thornton, J.) 97-1568
Divorce -- Child support abated while appellant had
custody; appellant had legal and moral duty to support minor child
when custody ended; trial court's finding that appellee was
entitled to accrued support not clearly erroneous.
[HTML,
WP5.1]
Majors v. American Premier Ins. Co. (Imber, J.) 98-161
Automobiles -- Underinsured motorist coverage;
language of statute clear; addition of appellant's name to policy
constituted amendment to existing coverage; second rejection of UIM
coverage not required.
[HTML,
WP5.1]
Richardson v. Rodgers (Glaze, J.)
Civil procedure -- Common-defense doctrine
applicable; Ark. R. Civ. P. 55(c) inapplicable; co-defendant's
answer inured to appellant' trial court erred in entering default
judgment and in refusing to set it aside.
[HTML,
WP5.1]
Shackelford v. Arkansas Power & Light Co. (Imber, J.) 98-193
Appeal & error -- No appellate jurisdiction where
no final order entered regarding two defendants; appeal dismissed
without prejudice.
[HTML,
WP5.1]
Turner v. State (Per Curiam) CR98-992
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[HTML,
WP5.1]
Ernst v. State, CR 98-790 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief denied and appeal dismissed October 29, 1998.
Norman v. State, CR 98-582 (Per Curiam), Pro Se Motion and Amended Motion to Expedite Appeal denied October 29, 1998.
Owens v. State, CR 97-163 (Per Curiam), Pro Se Joint Motion for Leave to File a Substituted Appellants' Brief granted October 29, 1998.
Taylor v. State, 98-702 (Per Curiam), Pro Se Motion to File Substituted Abstract denied and appeal dismissed October 29, 1998.
Van v. State, CR 96-1144 (Per Curiam), affirmed October 29, 1998.
Watson v. State, CR 98-815 (Per Curiam), Pro Se Motion for Appointment of Counsel denied and appeal dismissed October 29, 1998.
DAVID NEWBERN, JUSTICE:
97-1192. Arkansas County Farm Bureau et al. v. David T. McKinney, from Arkansas Circuit. Affirmed in Part; Reversed in Part; and Remanded. Special Justices Steven B. Davis, David A. Knight, Michael Rainwater, and James B. Sharp join in this opinion. Glaze, Brown, Imber, and Thornton, JJ., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]
98-212. Randy Corbit and Norman Corbit v. State of Arkansas, from Phillips Circuit. Appeal Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR97-1208. James Randall Efurd v. State of Arkansas, from Sebastian Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
97-1476. C. W. Richardson, Individually et al. v. Carl and Norlene Rodgers, from White Circuit. Reversed and Remanded. Imber, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
98-102. Arkansas Board of Examiners in Counseling v. Mary Pat Carlson, from Miller Circuit. Circuit Court Reversed; Board's Decision Reinstated. Thornton, J., not participating. (15 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
98-161. Deborah Majors v. American Premier Insurance Company, from Pulaski Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
98-193. Juanita Duke Shackelford, Administratrix of the Estate of James Anthony Shackelford, Deceased v. Arkansas Power & Light Company, from Garland Circuit. Dismissed without Prejudice. (3 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
97-1568. Lowell D. Fonken v. Yedidiyah D. Fonken, from White Chancery. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR96-1144. Lamont Van v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. (11 PAGES UNPUBLISHED)
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR95-1218. Cleotis Willis v. State of Arkansas, from Union Circuit. CR98-98. Clay Anthony Ford v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
REVIEWS DENIED: Petitions for review were denied today in the following cases.
98-1142. Winston G. Chandler v. Kenneth Henry and Cheryl Henry, from Van Buren Chancery.
98-1216. 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. Brown, J., would grant. Corbin, J., not participating.
CR97-1412. Charles F. Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record is denied.
CR98-657. Bruce Earl Ward v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for extension of time to complete the record is granted.
CR98-910. David L. Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion and supplemental motion to consider appeal on appellant's brief alone. Denied.
CR98-992. Jeremy Turner v. State of Arkansas, from Columbia Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR98-1280. Beverly Shea Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. Accelerated petition to stay proceeding is denied.
98-807. Doyle Massongill v. County of Scott, Arkansas et al., from Scott Chancery. Appellant's motion to file belated reply brief is granted.
98-807. Doyle Massongill v. County of Scott, Arkansas et al., from Scott Chancery. Appellant's motion to file substituted brief is granted.
98-1168. Fred DuVall v. Ron Bennett, from Van Buren Circuit. Appellant's motion for extension of time to file appeal is denied.
98-1247. E. A. Kubisty and Terry Kubisty v. Hon. W. H. Dillahunty, Chancellor, from Pulaski Chancery, Fifth Division. Petition for writ of mandamus. Denied without prejudice.
CR97-163. Gary D. Owens and Judy C. Owens v. State of Arkansas, from Franklin Circuit, Northern District. Pro se joint motion for leave to file a substituted appellants' brief. Motion to file substituted brief granted. See per curiam this date. (3 PAGES UNPUBLISHED)
CR98-582. Dinzel E. Norman v. State of Arkansas, from Newton Circuit. Pro se motion and amended motion to expedite appeal. Motion and amended motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-790. Lee Edward Ernst v. State of Arkansas, from Pulaski Circuit. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-815. Nelson Watson, Jr. v. State of Arkansas, from Columbia Circuit. Pro se motion for appointment of counsel. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
98-702. Arthur Dale Taylor v. State of Arkansas, from Jefferson Circuit. Pro se motion to file substituted abstract. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)
CR98-383. Millard James Russey v. State of Arkansas, from Clark Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(g) and 4-3(h).
CR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District. Petition for writ of certiorari to complete the record.
CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion to extend time for return of writ.
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Motion of Ray Hartenstein to be entered as attorney for appellant on appeal.
CR98-1256. Leslie Ray Abbott v. State of Arkansas, from Greene Circuit. Motion for rule on the clerk.
98-16. Pat Glover et al. v. Dean Overstreet et al., from Pulaski Chancery, First Division. Appellees' motion to reschedule oral argument.
98-299. Andrew Sturgis et al. v. Theodore C. Skokos et al., from Pulaski Circuit, Sixth Division. Motion of separate appellee Randy Coleman to strike.
98-1052. Bobby Roberts, Individually et al. v. Sharon Priest, Secretary of State v. John Hoyle, Individually et al., an Original Action. Complainant's motion for costs.
97-1564. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission. Appellee's motion to reschedule oral argument.
CA98-905. Laura Kay Daniel v. Stephen Daniel, from Benton Chancery. Motion for reconsideration.
CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Argued orally.
94-205. Winthrop Paul Rockefeller v. Deborah Cluett Sage Rockefeller, from Conway Chancery. Argued orally.
CR98-529. Anthony Easton Moya v. State of Arkansas, from Miller Circuit.
97-1524. Katherine Barnhart v. City of Fayetteville, Arkansas, from Washington Chancery.
98-226. William Martin O'Fallon v. Ronnie O'Fallon, from Desha Probate.
98-288. ERC Contractor Yard & Sales v. Lonnie Robertson, from Workers' Compensation Commission.
98-299. Andrew Sturgis v. Theodore C. Skokos, from Pulaski Circuit, Sixth Division.