Cummings v. Big Mac Mobile Homes, Inc. (Brown, J.) 98-194
Administrative law & procedure -- Exhaustion of remedies; filing revocation complaint with Manufactured Home Commission would have been futile act; reversed and remanded. [HTML, WP5.1]

Finch v. State (Per Curiam) CR97-306
Appeal & error -- Prejudicial denial of motion to excluded trial counsel; case reversed and remanded for new postconviction hearing. [HTML, WP5.1]

Ford v. Arkansas Game & Fish Comm'n (Imber, J.) 97-1016
Administrative law & procedure -- Challenge to action of administrative agency; appellant not entitled to file declaratory-judgment action before administrative remedies exhausted; trial court's dismissal affirmed. [HTML, WP5.1]

Kemp v. State (Arnold, C.J.) CR98-463
Appeal & error -- Merits of former constitutional challenges to victim-impact statute reargued; appellant's arguments provided no basis for relief; law-of-the-case doctrine applicable. [HTML, WP5.1]

Moya v. State (Corbin, J.) CR98-529
Search & seizure -- Warrant requirements; good-faith reliance on warrant despite change of circumstances; denial of suppression motion appropriate; any violation of Ark. R. Crim. P. 13.3(b) was not substantial and did not warrant suppression of evidence. [HTML, WP5.1]

Neal v. State (Per Curiam) CR98-1318
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

O'Fallon v. O'Fallon (Brown, J.) 98-226
Appeal & error -- Correction of errors in from when record initially filed on time; record deemed timely filed. [HTML, WP5.1]

Poyner v. Arkansas Contractors Lic. Bd. (Per Curiam) 98-952
Contempt -- Show-cause order issued. [HTML, WP5.1]

Roberts v. Priest (Per Curiam) 98-1052
Motions -- Motion for costs; granted in part. [HTML, WP5.1]

Rockefeller v. Rockefeller (Arnold, C.J.) 94-205
Divorce -- Alimony; de facto marriages not recognized in Arkansas; trial court's ruling that parties' agreement did not violate public policy affirmed; payments intended solely as alimony; trial court correctly denied petition for allocation of lump-sum payments because it did not have authority to modify independent contract incorporated into decree. [HTML, WP5.1]

Routh Wrecker Service, Inc. v. Washington (Brown, J.) 98-403
Torts -- Abuse of process; case properly survived motion for directed verdict; motion for remittitur properly denied; jury's punitive damage award not excessive; award did not violate due process. [HTML, WP5.1]

Shochet v. Arkansas Bd. of Law Examiners (Newbern, J.) 98-369
Attorney & client -- Admission to bar; Board's findings that appellant had given false, misleading, or incomplete answers on both bar and securities license applications not clearly erroneous; Board's decision to deny appellant's application for admission wa justified. [HTML, WP5.1]

Southeast Foods, Inc. v. Keener (Corbin, J.) 98-417
Judgment -- Default judgment; suit dismissed with prejudice; action barred by three-year statute of limitations. [HTML, WP5.1]

State v. Lewis (Newbern, J.) 98-316
Elections -- Statute did not specifically prohibit sheriff's actions; circuit court's refusal to issue writ of mandamus affirmed. [HTML, WP5.1]

Thomas v. State (Per Curiam) CR98-1084
Appeal & error -- Counsel not relieved before notice of appeal filed; counsel obliged to represent petitioner until relieved by supreme court. [HTML, WP5.1]

Ward v. State (Per Curiam) CR98-657
Appeal & error -- Court reporter failed to comply with writ of certiorari; appellant's motion to continue time to complete record granted. [HTML, WP5.1]

Williams v. Martin (Arnold, C.J.) 97-1228
Pleading -- Sanctions; not awarded to client against his or her own attorney; award against appellant in favor of former client reversed; "safe harbor" amendment not applicable to original plaintiff's petition; award of punitive damages affirmed as to original plaintiff and reversed as to appellant's former client. [HTML, WP5.1]

In Re: Board of Certified Court Reporter Examiners (Per Curiam) [HTML, WP5.1]

In Re: Murphy (Per Curiam) [HTML, WP5.1]

Bell v. Rogers, CR 98-1037 (Per Curiam), Pro Me Motion to Amend Petition for Writ of Mandamus granted November 19, 1998.

Gnader v. State, CR 98-1057 (Per Curiam), Pro Se Motion for Rule on Clerk denied November 19, 1998.

Laughlin v. State, CR 97-933 (Per Curiam), affirmed November 19, 1998.

Morris v. State, CR 97-1003 (Per Curiam), Appellant's Pro Se Motion to Supplement Appellant's Brief denied November 19, 1998.

Robertson v. State, CR 97-707 (Per Curiam), Petition for Rehearing denied November 19, 1998.

Stephens v. State, CR 98-1073 (Per Curiam), Pro Se Motions for Rule on Clerk and for Appointment of Counsel denied November 19, 1998.

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

CR98-463. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit. Affirmed. (7 pages published) [HTML, WP5.1]

94-205. Winthrop Paul Rockefeller v. Deborah Cluett Sage Rockefeller, from Conway Chancery. Affirmed. Special Justice Keith Wood joins in this opinion. Brown and Imber, JJ., concur. Newbern and Thornton, JJ., not participating. (14 pages published 6 page concurrence) [HTML, WP5.1]

97-1228. Tim D. Williams v. Kelly Lansley Martin & James R. Gill, III, from Faulkner Circuit. Affirmed in Part; Reversed in Part. Glaze and Imber, JJ., concur. (10 pages published, 4 page concurrence) [HTML, WP5.1]

DAVID NEWBERN, JUSTICE:

98-316. State of Arkansas, ex rel., Harold (Butch) Sargent v. Jack Lewis, Municipal Judge for Clinton, Arkansas, from Van Buren Circuit. Affirmed. Brown, J., concurs. Glaze, J., dissents. (4 pages published 1 page concurrence, 2 page dissent) [HTML, WP5.1]

98-369. Randall Mark Shochet v. Arkansas Board of Law Examiners, from the Arkansas Board of Law Examiners. Affirmed. (15 pages published) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR98-529. Anthony Easton Moya v. State of Arkansas, from Miller Circuit. Affirmed. Newbern and Imber, JJ., dissent. (14 pages published, 4 page dissent) [HTML, WP5.1]

98-417. Southeast Foods, Inc., d/b/a County Market v. Lucy Keener, from Miller Circuit. Reversed and Dismissed. (8 pages published) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

98-194. Thomas and Alisa Cummings v. Big Mac Mobile Homes, Inc. and Bank Services, from Pulaski Circuit. Reversed and Remanded. Thornton, J., dissents. (8 pages published, 6 page dissent) [HTML, WP5.1]

98-226. William Martin O'Fallon v. Ronnie O'Fallon, By and Through His Next Friend, Linda Ngar, from Desha Probate. Reversed and Remanded. (3 pages published) [HTML, WP5.1]

98-403. Routh Wrecker Service, Inc. and Ronald Routh v. Codney A. Washington, from Pulaski Circuit. Motion to Dismiss Appeal Denied. Affirmed on Direct Appeal. Affirmed on Cross-Appeal. Corbin, J., not participating. (13 pages published) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

97-1016. William G. Ford v. Arkansas Game & Fish Commission, from Grant Circuit. Affirmed. (10 pages published) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR97-306. Patricia Louise Finch v. State of Arkansas, from Benton Circuit. Reversed and Remanded. Glaze, J., dissents. Corbin, J., not participating. (6 pages published) [HTML, WP5.1]

CR97-933. Christopher Laughlin v. State of Arkansas, from Benton Circuit. Affirmed. (4 pages unpublished)

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

CR97-707. Patrick Robertson v. State of Arkansas, from Jefferson Circuit. See per curiam this date.

REVIEWS GRANTED: Petitions for review were granted today in the following cases.

CR98-1250. James Johnson v. State of Arkansas, from Cleburne Circuit.

98-1315. Kara Kathleen Huffman et al. v. John Nicholas Fisher, from Cross Chancery.

REVIEWS DENIED: Petitions for review were denied today in the following cases.

98-1289. Sparks Regional Medical Center v. Danny and Donna Smith, from Crawford Circuit.

98-1297. Pulaski County Special School District and Sedgwick James v. Richard E. Shults, from Workers' Compensation Commission. Corbin, J., not participating.

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. Granted in part. See per curiam this date. (1 page published) [HTML, WP5.1]

98-226. William Martin O'Fallon, Administrator v. Ronnie O'Fallon, by and through his next friend, Linda Ngar, from Desha Circuit, Arkansas City District. Appellant's motion for inclusion of additional information on the question certified to the Supreme Court. Moot. See opinion this date.

CR98-657. Bruce Earl Ward v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to continue the time to complete the record granted; order to appear and show cause issued. See per curiam this date. (2 pages published) [HTML, WP5.1]

98-952. Cecil Poyner v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Third Division. Order to appear and show cause. See per curiam this date. (2 pages published) [HTML, WP5.1]

CR98-942. Everett C. Conley v. State of Arkansas, from Izard Circuit. Appellee's motion to dismiss appeal is granted.

CR98-986. Maxim Keith Daniels v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal is granted.

CR98-1318. William Avon Neal v. State of Arkansas, from Jefferson Circuit. Motion to file belated appeal is granted. See per curiam this date. (1 page published) [HTML, WP5.1]

97-794. Vera Dotson et al. v. Pamela Boles, Pulaski County Director of SCAN Volunteer Service, Inc., from Pulaski Chancery, Seventh Division. Motion of Arkansas Department of Human Services to dismiss appeal is granted.

97-1028. Farm Bureau Policy Holders and Members, Dennis Lee, Class Representative v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. et al., from Chicot Chancery. Motion to request disqualification of special justices. Special Justice Hayes declines to disqualify. Special Justice Rainwater declines to disqualify. Glaze, Corbin, Imber and Thornton, JJ., not participating.

98-403. Routh Wrecker Service, Inc. v. Codney A. Washington, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal. Moot. See opinion this date.

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellee's motion for extension of time to supplement the record is granted.

98-1315. Kara Kathleen Huffman et al. v. John Nicholas Fisher, from Cross Chancery. Appellee's motion to dismiss petition for review is denied. Remanded to trial court to settle record, pursuant to Rule 6 (e) of Rules of Appellate Procedure-Civil.

98-626. In the Estate of Dennis R. Donley, Deceased, by Bill Hudspeth, Personal Representative, and Eugene Schulze et al. v. Pace Industries, Inc., an Arkansas Corporation et al., from Carroll Circuit, Eastern Division. Joint motion to dismiss appeal is granted.

CR97-1003. Thomas Edward Morris v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion to supplement appellant's brief. Motion denied. See per curiam this date. (2 pages unpublished)

CR98-1037. Albert Bell v. Hon. Russell Rogers, Circuit Judge, from Arkansas Circuit, Northern District. Pro se motion to amend petition for writ of mandamus. Motion to amend granted. See per curiam this date. (1 page unpublished)

CR98-1057. Terry Gnader v. State of Arkansas, from Miller Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 pages unpublished)

CR98-1073. Mack E. Stephens v. State of Arkansas, from Van Buren Circuit. Pro se motions for rule on clerk and for appointment of counsel. Motions denied. See per curiam this date. (4 pages unpublished)

CR98-1084. Ronald G. Thomas v. State of Arkansas, from Washington Circuit. Pro se motion for rule on clerk. Motion for rule on clerk granted. See per curiam this date. (3 pages published) [HTML, WP5.1]

In Re: William Arthur Murphy, Arkansas Bar ID #76086. Surrender of License. See per curiam this date. (1 page published) [HTML, WP5.1]

In Re: Board of Certified Court Reporter Examiners. See per curiam this date. (3 pages published) [HTML, WP5.1]

PETITION FOR REHEARING:

98-102. Arkansas Board of Examiners in Counseling v. Mary Pat Carlson, from Miller Circuit.

CR97-1415. Joe Louis Dansby v. State of Arkansas, from Nevada Circuit. Joint motion for compliance.

CR98-791. Harry L. Cole v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to consolidate records.

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellant's motion for extension of time to file brief.

98-1303. Don Jenkins and Republican State Committee v. Hon. David Bogard, Circuit Judge et al., from Pulaski Circuit, Sixth Division. Appellees' motion to dismiss for mootness.

98-1340. Kathryn Bewley v. Pyramid Leasing Company, Inc., from Pope Circuit. Motion for belated appeal.

CACR98-945. Drew Malone Raines III v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se emergency petition for writ of mandamus.

97-1168. Janice Edwards, Guardian v. David Stills, from Washington Circuit. Argued orally.

CR98-256. Antonio Williams v. State of Arkansas, from Crittenden Circuit.

CR98-546. Jacinto Henderson v. State of Arkansas, from Craighead Circuit, Western District.

98-424. Donna Douglas v. Steve Holbert, from Garland Probate.

98-434. Sue Burke v. Vicki Strange, from Sebastian Circuit, Greenwood District.

98-480. James L. Efurd v. Kenneth Ross, Sheriff of Franklin County, from Franklin Chancery.

98-553. City of Maumelle, Arkansas v. Maumelle Lodge of the Fraternal Order of Police, from Pulaski Circuit, First Division.