Opinions delivered
November 11, 1998
Burlington Indus. v. Pickett (Bird, J.) CA97-1380
Workers' compensation -- Appellants waived right to
rely on Ark. Workers' Comp. R. 30; grant of interest on award
supported by substantial evidence.
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Crawford v. Lee County Sch. Dist. (Meads, J.) CA98-140
Civil procedure -- Summary judgment; trial court
did not err in granting on breach-of-contract issue; matter
reversed and remanded for trial on unjust-enrichment claim.
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Daniel v. State (Meads, J.) CA98-75
Appeal & error -- Finality requirement; merits of
argument not reached; appeal dismissed.
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Inskeep v. Emerson Elec. Co. (Meads, J.) CA98-502
Workers' compensation -- No additional impairment
to appellant's lumbar spine; Commission's findings affirmed;
appellant's compensable wage-loss disability resulted from 1996
incidents; Commission reversed and remanded on issue.
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Kellerman v. Zeno (Stroud, J.) CA98-293
Torts -- Malicious prosecution; substantial
evidence that installment plan was authorized; appellant failed to
make full and complete disclosure; no error in trial court's
rejection of comparative-fault instructions.
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Wade v. State (Roaf, J.) CACR98-447
Criminal law -- Probation; written terms not
sufficiently explicit; trial court reversed.
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Accent Builders, Inc. v. Darby, CA 98-396 (Crabtree, J.), affirmed November 11, 1998.
Berner v. State, CA CR 98-197 (Griffen, J.), reversed November 11, 1998.
Bunn v. Luthultz, CA 98-263 (Roaf, J.) appeal dismissed November 11, 1998.
Cox v. State, CA CR 98-281 (Crabtree, J.), affirmed November 11, 1998.
Dyer v. State, CA CR 97-1554 (Griffen, J.), affirmed November 11, 1998.
Edwards v. Marsh, CA 98-265 (Jennings, J.), affirmed November 11, 1998.
Killingsworth v. State, CA CR 98-543 (Bird, J.), affirmed November 11, 1998.
Estate of Berry v. Styles Optics, Inc., CA 98-222 (Neal, J.), affirmed November 11, 1998.
Flinn v. Director, E 98-35 (Neal, J.), affirmed November 11, 1998. Langston v. State, CA CR 96-1471 (Neal, J.), rebriefing ordered November 11, 1998.
Lynch v. Boatmen's Bank, CA 98-416 (Bird, J.), affirmed November 11, 1998.
Maxwell v. State, CA 97-1492 (Rogers, J.), affirmed November 11, 1998.
May v. Allgood, CA 98-158 (Griffen, J.), affirmed November 11, 1998.
McGrew v. State, CA CR 98-686 (Rogers, J.), affirmed November 11, 1998.
Office of Child Support Enfcmnt. v. Cross, CA 98-235 (Pittman, J.), reversed and remanded November 11, 1998.
Roach v. Brown Jordan Co., CA 98-364 (Griffen, J.), affirmed November 11, 1998.
Smith v. Malotte, CA 98-58 (Roaf, J.), affirmed November 11, 1998. Smith, Jason Mark v. State, CA CR 98-329 (Meads, J.), affirmed November 11, 1998.
Snell v. Director, E 98-13 (Robbins, C.J.), affirmed November 11, 1998.
Taylor v. Death and Permanent Total Disability Bank Fund, CA 98-600 (Stroud, J.), affirmed November 11, 1998.
Williams v. State, CA CR 98-458 (Jennings, J.), affirmed November 11, 1998.
Withers v. Director, E 97-261 (Rogers, J.), affirmed November 11, 1998.
Woodard v. Ridenhour, CA 98-230 (Crabtree, J.), reversed November 11, 1998.
JOHN B. ROBBINS, CHIEF JUDGE:
E98-13. P. Deniece Snell v. Director, Employment Security Department and Dean Tyrer DDS, from Board of Review. Affirmed. Stroud and Meads, JJ., agree. (5 PAGES UNPUBLISHED)
JOHN MAUZY PITTMAN, JUDGE:
CA98-235. Office of Child Support Enforcement v. Edward Cross, from Jefferson Chancery. Reversed and Remanded. Arey and Jennings, JJ., agree. (3 PAGES UNPUBLISHED)
JOHN E. JENNINGS, JUDGE:
CACR98-458. Johnette Williams v. State of Arkansas, from Washington Circuit. Affirmed. Rogers and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)
CA98-265. Colen Edwards v. Henry King Marsh and Freida Marsh, from Van Buren Chancery. Affirmed. Rogers and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR98-543. John Killingsworth v. State of Arkansas, from Garland Circuit. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)
CA97-1380. Burlington Industries and Liberty Mutual Insurance Company v. Alice Pickett, from Workersț Compensation Commission. Affirmed. Jennings and Rogers, JJ., agree. Robbins, C.J., Pittman, and Arey, JJ., dissent. (8 PAGES + 5 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
CA98-416. Nancy Lynch v. Boatmențs Bank, as Successor to Worthen Bank, from Pulaski Circuit, Second Division. Affirmed. Pittman and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
JUDITH ROGERS, JUDGE:
CACR98-686. Tina Marie McGrew v. State of Arkansas, from Sebastian Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED)
CACR97-1492. James A. Maxwell v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (7 PAGES UNPUBLISHED)
E97-261. Chris D. Withers v. Director, Employment Security Department and Loomis Fargo & Company, from Board of Review. Affirmed. Jennings and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CA98-293. Dana Kellerman and Linda Spencer v. Marianne Zeno, from Pulaski Circuit, Seventh Division. Affirmed. Robbins, C.J., and Meads, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]
CA98-600. James Taylor (Deceased) v. Death and Permanent Total Disability Bank Fund, from Workersț Compensation Commission. Affirmed. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED)
OLLY NEAL, JUDGE:
CACR96-1471. Lee Allen Langston v. State of Arkansas, from Scott Circuit. Rebriefing Ordered. Arey and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)
CA98-222. Estate of James M. Berry, Deceased v. Styles Optics, Inc., Sidney Dobbins, and Betty Dobbins, from Pulaski Chancery. Affirmed. Arey and Roaf, JJ., agree. (10 PAGES UNPUBLISHED)
E98-35. Pauline Flinn v. Director, Employment Security Department and Mrs. Homer Bailey, from Board of Review. Affirmed. Arey and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CACR97-1554. Joel Edward Dyer v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman and Bird, JJ., agree. (7 PAGES UNPUBLISHED)
CACR98-197. Mary Lou Berner v. State of Arkansas, from Washington Circuit. Reversed. Pittman and Bird, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-158. James L. May and Joyce M. May v. Elizabeth Walsh Allgood et al., from Hempstead Chancery. Affirmed. Pittman and Bird, JJ., agree. (5 PAGES UNPUBLISHED)
CA98-364. Rita J. Roach v. Brown Jordan Company, from Workersț Compensation Commission. Affirmed. Stroud and Neal, JJ., agree. (4 PAGES UNPUBLISHED)
TERRY CRABTREE, JUDGE:
CACR98-281. Charles Lindburg Cox, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)
CA98-230. Jamie Woodard and Glenda Woodard v. Justin Ridenhour and Patty Ridenhour, from Scott Chancery. Reversed. Jennings and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-396. Accent Builders, Inc. et al. v. Lovie Darby, from St. Francis Circuit. Affirmed. Jennings and Rogers, JJ., agree. (7 PAGES UNPUBLISHED)
MARGARET MEADS, JUDGE:
CACR98-329. Jason Mark Smith v. State of Arkansas, from Benton Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (3 PAGES UNPUBLISHED)
CA98-75. Zachary Daniel v. State of Arkansas, from Benton Chancery, Juvenile Division. Dismissed. Robbins, C.J., and Stroud, J., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA98-140. Bill Crawford d/b/a Crawford Builders, Inc. v. Lee County School District et al., from Lee Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins, C.J., and Stroud, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA98-502. Eddie Inskeep v. Emerson Electric Company, from Workersț Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Robbins, C.J., and Stroud, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR98-447. Ted Byron Wade v. State of Arkansas, from Pulaski Circuit. Reversed. Arey and Neal, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA98-58. Donald and Bobbie Smith et al. v. Royce and Sherri Malotte et al., from Carroll Chancery. Affirmed. Arey and Neal, JJ., agree. (7 PAGES UNPUBLISHED)
CA98-263. Patricia Bunn v. Dorothy Luthultz, from Independence Chancery. Appeal Dismissed. Arey and Neal, JJ., agree. (4 PAGES UNPUBLISHED)
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA98-181. Jim Gibson v. Jim Herring d/b/a The Gem Shop, from Pulaski Circuit, Third Division.
CACR97-1092. James Hunter v. State of Arkansas, from Mississippi Circuit. Motion of Mikke Connealy Marshall for attorney's fees. Denied.
CACR97-1574. William Caswell v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees. Granted. Allowed $850.00.
CACR98-268. Stacy Allen Johnison v. State of Arkansas, from Pulaski Circuit. Motion of William M. Brown for attorney's fees. Granted. Allowed $750.00.
CACR98-326. Eric Lamar Briggs v. State of Arkansas, from Cleveland Circuit. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $700.00.
CACR98-945. Drew Malone Raines III v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se petition for writ of mandamus. Transferred to the Supreme Court.
CACR98-1111. Harold David Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion to complete the record and for brief time. Remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.
CA98-75. Zachary Daniel v. State of Arkansas, from Benton Chancery. Appellee's motion to dismiss appeal. Granted. See opinion this date.
CA98-721. Larry McHolan v. Shirley D. McHolan (Campbell), from Pulaski Chancery, Sixth Division. Appellant's motion to correct the record. Denied.
PETITIONS FOR REHEARING:
CA97-1433. Venita T. Young v. S&M Food, Inc., from Pulaski Circuit, Sixth Division.
CA97-1562. Drew Malone Raines III v. First Nationwide Mortgage Corporation and Margaret Davenport, Trustee, from Pulaski Chancery, Sixth Division.
CACR97-1270. Thomas McSparrin v. State of Arkansas, from Faulkner Circuit. Motion of Lynn Frank Plemmons for attorney's fees.
CACR97-1416. Keithrick Martin v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.
CACR98-213. John Hecker v. State of Arkansas, from Pulaski Circuit. Motion of Lea Ellen Fowler for attorney's fees.
CACR98-426. David McGrew v. State of Arkansas, from Mississippi Circuit. Appellee's motion to set briefing schedule or, in the alternative, to file a belated brief.
CACR98-540. Jimmy Lee Rogers v. State of Arkansas, from Montgomery Circuit. Appellee's motion to dismiss appeal.
CACR98-540. Jimmy Lee Rogers v. State of Arkansas, from Montgomery Circuit. Appellant's motion to file a belated brief.
CACR98-735. Curtis Bouttier v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.
CACR98-899. James Randy Mathis v. State of Arkansas, from Greene Circuit. Appellant's motion to file a belated reply brief.
CACR98-1065. Gary Oldnette v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal.
CACR98-1079. Ricky S. Maier v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion for appointment of counsel and motion for brief time.
CA98-392. Phico Insurance Company v. Mary Frances Shirley, Individually and as Executrix of the Estate of Charles Shirley, from Crittenden Circuit. Appellant's motion to file a belated reply brief.
CA98-418. Ellen Richison, Executrix v. Boatmen's Arkansas, Inc. et al., from Baxter Circuit. Appellees' motion for attorney's fees and costs.
CA98-749. Carolyn Ainsworth v. James F. Kyser, from Pulaski Circuit, Fifth Division. Appellant's motion to set aside order of dismissal.
CA98-1002. Daniel Buchte v. State of Arkansas, from Independence Probate. Appellant's motion to supplement the record and to stay brief time.
CA97-1079. Winston Bryant, Attorney General v. Arkansas Public Service Commission, from Public Service Commission. Argued orally.
CA98-418. Ellen Richison Executrix v. Boatmen's Arkansas, Inc., et al., from Baxter Circuit. Argued orally.
CACR98-201. Karriem Muhammad v. State of Arkansas, from Miller Circuit.
CACR98-391. William Lamont Turner v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR98-457. Amelia Joy Evans v. State of Arkansas, from Poinsett Circuit.
CACR98-537. Brian Glenn Findley v. State of Arkansas, from Washington Circuit.
CACR98-606. Angela Michelle Holloway v. State of Arkansas, from Pulaski Circuit, First Division.
CACR98-683. Joseph Erwin Wray v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA98-70. Cathy Needham v. Harvest Foods, from Workers' Compensation Commission.
CA98-184. Bobby F. Enwright v. Marilyn G. Enwright, from Izard Chancery.
CA98-202. Louise Marie Ball v. Howard Sewell et ux., from Washington Circuit.
CA98-205. Sheila E. Robinson v. Linda Winston, from Phillips Probate.
CA98-266. Pulaski County Child Support Enforcement Unit v. Jerry Bradford, from Pulaski Chancery, Second Division.
CA98-276. Caleb Brian v. State of Arkansas, from Benton Chancery.
CA98-295. Kenneth Melton v. Dan Melton, from Baxter Chancery.
CA98-297. Madeline T. Perkins v. Leonard Perkins, from Crawford Chancery.
CA98-301. James E. Hagans v. Lynn H. Haines, from Pope Chancery.
CA98-333. Billie Wilson v. Charlie Daniels Commissioner of State Lands, from Jefferson Chancery.
CA98-437. A-1 Bonding v. State of Arkansas, from Howard Circuit.
CA98-484. Steven John Robbins v. Sallie Jordan, from Pulaski Probate, Ninth Division.
CA98-545. Delois Tidwell v. Arkansas Department of Health, from Workers' Compensation Commission.
CA98-579. Antonio Collins v. State of Arkansas, from Cleveland Chancery.
CA98-656. Death & Permanent Total Disability Trust Fund v. William C. Crisel, from Workers' Compensation Commission.