Opinions delivered
December 2, 1998
A-1 Bonding v. State (Robbins, C.J.) CA98-437
Bail -- Exoneration of surety; conditions not met.
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Hagans v. Haines (Stroud, J.) CA98-301
Contracts -- Appellees' signing of instrument was
objective manifestation of mutual assent to formation of contract;
testimony of appellees' intent inadmissible.
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Needham v. Harvest Foods (Robbins, C.J.) CA98-70
Workers' compensation -- Commission found that
appellee did not refuse appellant light-duty work without
reasonable cause; finding supported by substantial evidence.
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Robinson v. Winston (Meads, J.) CA98-205
Executors & administrators -- Probate court did not
lack subject-matter jurisdiction; removal of administratrix;
evidence supported probate judge's finding that appellant was
unsuitable.
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Wakefield v. Wakefield (Bird, J.) CA97-860
Judges -- Bias shown in chancellor's letter; order
signed same day held void; appellant could not have been in willful
contempt of court order that should not have been entered.
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Wray v. State (Neal, J.) CACR98-683
Automobiles -- DWI; evidence insufficient to
support verdict of DWI second offense; appellant's conviction
modified.
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Minnesota Mining & Mfg. v. Baker (Neal, J.) CA97-1403
Workers' compensation -- Statute of limitations;
inapplicable to scheduled injuries involving hearing loss where
there is no loss of wages.
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Baxter v. State, CA CR 98-319 (Pittman, J.), affirmed December 2, 1998.
Collins v. State, CA 98-579 (Rogers, J.), affirmed December 2, 1998.
Death and Permanent Total Disability Trust Fund v. Crisel, CA 98- 656 (Crabtree, J.), appeal dismissed December 2, 1998.
Enwright v. Enwright, CA 98-184 (Neal, J.), affirmed December 2, 1998.
Holloway v. State, CA CR 98-606 (Stroud, J.), affirmed December 2, 1998.
Melton v. Melton, CA 98-295 (Crabtree, J.), appeal dismissed December 2, 1998.
O'Guinn v. Georgia-Pacific Corp., CA 98-372 (Arey, J.), affirmed December 2, 1998.
Robbins v. State, CA CR 98-484 (Jennings, J.), reversed and dismissed December 2, 1998.
Strickland v. Helena Chem. Co., CA 98-294 (Pittman, J.), affirmed December 2, 1998.
Taylor v. State, CA CR 98-448 (Jennings, J.), affirmed December 2, 1998.
Trailmobile, Inc. v. Bell, CA 98-642 (Jennings, J.), affirmed December 2, 1998.
JOHN B. ROBBINS, CHIEF JUDGE:
CA98-70. Cathy Needham v. Harvest Foods, from Workers' Compensation Commission. Affirmed. Neal and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA98-437. A-1 Bonding v. State of Arkansas, from Howard Circuit. Affirmed. Neal and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR98-319. Duane Murphy Baxter v. State of Arkansas, from Baxter Circuit. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-294. Betty Strickland v. Helena Chemical Company, from Workers' Compensation Commission. Affirmed. Bird and Griffen, JJ., agree. (2 PAGES UNPUBLISHED)
D. FRANKLIN AREY, III, JUDGE:
CA98-372. Prentice O'Guinn v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Affirmed. Pittman, J., agrees. Jennings, J., concurs. (5 PAGES + 2 PAGES CONCUR UNPUBLISHED)
JOHN E. JENNINGS, JUDGE:
CACR98-448. Jimmy Stephen Taylor v. State of Arkansas, from Washington Circuit. Affirmed. Rogers and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)
CACR98-484. Steven John Robbins v. State of Arkansas, from Pulaski Probate. Reversed and Dismissed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-642. Trailmobile, Inc. v. Wendell Bell, from Workersț Compensation Commission. Affirmed. Rogers and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CA97-860. Gwenda Kaye Wakefield v. Joel David Wakefield and Thomas Wakefield, from Howard Chancery. Reversed. Stroud, Neal, and Griffen, JJ., agree. Robbins, C.J., and Rogers, J., dissent. (10 PAGES + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
JUDITH ROGERS, JUDGE:
CA98-579. Antonio Collins v. State of Arkansas, from Cleveland Chancery. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CACR98-606. Angela Michelle Holloway v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Pittman and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-301. James E. Hagans and Bonnie J. Hagans v. Lynn H. Haines and Bonnie R. Haines, from Pope Chancery. Reversed and Remanded. Pittman and Rogers, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR98-683. Joseph Erwin Wray v. State of Arkansas, from Sebastian Circuit. Affirmed as Modified and Remanded. Robbins, C.J., and Crabtree, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CA98-184. Bobby F. Enwright v. Marilyn G. Enwright, from Izard Chancery. Affirmed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED)
TERRY CRABTREE, JUDGE:
CA98-295. Kenneth Melton v. Dan Melton, from Baxter Chancery. Appeal Dismissed. Robbins, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED)
CA98-656. Death and Permanent Total Disability Trust Fund v. William C. Crisel, from Workers' Compensation Commission. Appeal Dismissed. Robbins, C.J., and Neal, J., agree. (2 PAGES UNPUBLISHED)
MARGARET MEADS, JUDGE:
CA98-205. Sheila E. Robinson, as the Removed Administratrix of the Estate of Reginald G. Robinson, Sr., Deceased v. Linda Winston, as the Administratrix of the Estate of Reginald G. Robinson, Sr., Deceased, from Phillips Probate. Affirmed. Arey and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR98-178. Derrick L. Allen v. State of Arkansas, from Pulaski Circuit, Sixth Division. Robbins, C.J., and Bird, J., would grant.
CA97-1403. Minnesota Mining & Manufacturing and Old Republic Insurance Company v. Theodore Baker, from Workers' Compensation Commission. See supplemental opinion on denial of petition for rehearing. Griffen and Meads, JJ., would grant. (2 PAGES PUBLISHED) [HTML, WP5.1]
CACR97-1416. Keithrick Martin v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal. Denied.
CACR98-132. Willie Davis v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees. Granted. Allowed $750.00.
CACR98-368. Robert Oliver v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion to file a belated reply brief. Denied.
CACR98-491. Robert Lee Smith, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for reconsideration of motion to recall mandate and reinstate appeal. Denied. Neal, J., not participating.
CACR98-513. Johnny Davies, Jr. v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $800.00.
CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit. Appellant's pro se amended renewed motion to proceed pro se. Granted.
CACR98-994. Joseph L. Stephens v. State of Arkansas, from Lincoln Circuit. Appellant's motion to supplement the record. Granted. Record deemed supplemented.
CACR98-1035. Rushun Abdul Foster v. State of Arkansas, from Pulaski Circuit. Appellant's motion to supplement the record. Granted.
CA97-1123. Lillian Dunham v. Arkansas Department of Human Services,
from Benton Chancery. Motion of Brent A. Capehart for attorney's
fees. Denied. See Webber v. Ark. Dep't. of Human Servs., 334
Ark. 527,
S.W.2d
(1998).
CA98-27. James L. Newby v. Patsy J. Newby, from Jefferson Chancery. Appellee's motion for attorney's fees. Granted. Allowed $1,200.00.
CA98-749. Carolyn Ainsworth v. James F. Kyser, from Pulaski Circuit, Fifth Division. Appellant's motion to set aside order of dismissal. Denied.
CA98-1002. Daniel Buchte v. State of Arkansas, from Independence Probate. Appellant's motion to supplement the record and to stay brief time. Remanded to the trial court to settle the record pursuant to Rule 6 of the Arkansas Rules of Appellate Procedure--Civil.
CA98-1144. Claude G. Dunbar v. Farm Fresh Catfish, from Workers' Compensation Commission. Appellee's motion to dismiss appeal. Granted.
CA98-1201. George Lewis v. Worth James Construction et al., from Workers' Compensation Commission. Appellant's motion to file a belated brief. Granted.
CA98-1278. Joeanna Lowe v. Loomis Fargo & Company, from Workers' Compensation Commission. Appellant's pro se motion to supplement the record. Denied.
CA98-1341. Micheal C. Reams v. Entergy, from Workers' Compensation Commission. Pro se motion for rule on clerk to lodge transcript. Denied.
E98-130. Odus Pack Discount Building Materials v. Director et al., from Board of Review. Appellee's motion to file a belated brief. Denied.
PETITIONS FOR REHEARING:
CA98-40. Paul Craig Jordan v. Jerry D. Sweetser, Inc., from Washington Circuit.
CA98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division.
CA98-396. Accent Builders, Inc. v. Lovie Darby, from St. Francis Circuit.
CACR98-180. Charles Fields v. State of Arkansas, from Garland Circuit. Motion of Morse U. Gist for attorney's fees.
CACR98-310. Kelvin Freeman v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.
CACR98-520. Mark Stanley Lee v. State of Arkansas, from Clark Circuit. Motion of Alan LeVar for attorney's fees.
CACR98-714. Timothy Wade Lewis v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time.
CA98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Appellees' motion for attorney's fees and costs.
CA98-396. Accent Builders, Inc. v. Lovie Darby, from St. Francis Circuit. Appellant's motion to amend brief and supplement abstract.
CA98-822. Dennis Joslin v. Leonard Lavern Long et al., from Jackson Circuit. Appellees' motion to dismiss appeal.
CA98-1122. Robert McDaniel v. Steve Linder, from Garland Circuit. Appellant's motion to file a belated brief.
CA98-133. Cleo Raynor et al. v. Dr. James Kyser, from Pulaski Circuit, Sixth Division. Argued orally.
CA98-585. Arkansas Board of Reg. for Professional Geologists v. Richard Ackley, from Pulaski Circuit, Fifth Division. Argued orally.
CACR97-1048. Altricia Muhammad v. State of Arkansas, from Clark Circuit.
CACR98-119. Rocky Halter v. State of Arkansas, from Sevier Circuit.
CACR98-429. Laboya Ladrake Walker v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR98-459. Dennis Burrell v. State of Arkansas, from Hot Spring Circuit.
CACR98-507. David Love v. State of Arkansas, from Garland Circuit.
CA97-1366. Ywatun Butler v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA97-1555. Dorothy C. Patrick Trustee of Patrick Family Trust v. Don McSperitt et ux., from Madison Chancery.
CA98-318. Linda D. Jenkins v. Ronald J. Jenkins, from Pulaski Chancery, Fourth Division.
CA98-355. Alvon Glenn Cariker v. Ozark Opportunities, from Workers' Compensation Commission.
CA98-400. Kathryn Ann Myrick v. Richard Dale Myrick, from Garland Chancery.
CA98-421. Vick L. Pannell v. Linda K. Pannell, from Garland Chancery.
CA98-468. Anna Kathryn Jernigan v. J. Michael Stephenson, from Crittenden Probate.
CA98-496. Thomas P. McGarrity Sr., et ux. v. Benny Wright et ux., from Woodruff Chancery.
CA98-497. C. Don Bice v. William Robert Green et al., from Craighead Chancery, Western District.
CA98-619. Office of Child Support Enforcement v. Curtis McBride, from Polk Chancery.
CA98-629. Hill-Rom Company, Inc. v. Donald Swink et ux., from Craighead Circuit, Western District.
CA98-668. Douglas Jobe v. Wal-Mart Stores, from Workers' Compensation Commission.
CA98-734. Helen Tate v. Little Rock School District, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E98-43. Otis W. Burks Jr. v. Director et al.
E98-53. Susan G. Roberts v. Director et al.
E98-180. Ron W. Culver v. Director et al.
E98-182. Joyce Franklin v. Director et al.
E98-186. Tina Denton v. Director et al.
E98-187. Toni Watson v. Director et al.
E98-188. Sarah Brown v. Director et al.
E98-191. Jim L. Thomas v. Director et al.
E98-192. Horace Holloway v. Director et al.
E98-193. Ruby J. Shepherd v. Director et al.
E98-195. Larry W. Ricketts v. Director et al.
E98-196. Lillie R. Bell v. Director et al.
E98-197. Larry Moore v. Director et al.