Arnold v. Tyson Foods, Inc., (Neal, J.) CA98-616
Workers' compensation -- Commission's decision that appellant failed to prove carpal tunnel syndrome causally related to her employment affirmed. [HTML, WP5.1]

Ashlock v. State (Griffen, J.) CACR98-157
Jury -- No constitutional right to be sentenced by jury; sentencing controlled by statute; trial court's imposition of sentence proper. [HTML, WP5.1]

Bice v. Green (Robbins, C.J.) CA98-497
Partnership -- Directed verdict; chancery court did not err in granting on issue of parties' intent. [HTML, WP5.1]

Craig v. State (Per Curiam) CACR98-187
Appeal & error -- Second motion for writ of certiorari to complete record denied. [HTML, WP5.1]

Mikus v. Mikus (Bird, J.) CA98-313
Equity -- Reformation of written instruments; when relief from mutual mistake granted; chancellor's finding not clearly erroneous. [HTML, WP5.1]

Pannell v. Pannell, (Roaf, J.) CA98-421
Divorce -- Child support; calculation of income of self-employed payor; chancellor's averaging of two years' income of appellant did not constitute abuse of discretion. [HTML, WP5.1]

Richison v. Boatmen's Arkansas, Inc., (Roaf, J.) CA98-418
Torts -- Bad faith; appellee's actions in disputing claim did not amount to affirmative acts of misconduct. [HTML, WP5.1]

Sapp v. Phelphs Trucking, Inc., (Arey, J.) CA98-207
Workers' compensation -- Commission denied appellant additional impairment rating; decision supported by substantial evidence. [HTML, WP5.1]

Turner v. State (Pittman, J.) CACR98-391
Evidence -- Testimony sufficient to show residential burglary and theft of property; trial ocurt did not err in denying directed-verdict motion. [HTML, WP5.1]

Winningham v. Harris (Bird, J.) CA98-239
Easements -- Chancellor's decision that easement at issue was easement in gross affirmed. [HTML, WP5.1]

Ball v. Sewell, CA 98-202 (Griffen, J.), affirmed December 16, 1998.

Ballenger Paving Co. v. Johnson, CA 98-20 (Jennings, J.), affirmed December 16, 1998.

Burks v. Director, E 98-43 (Neal, J.), affirmed December 16, 1998.

Butler v. State, CA 97-1366 (Jennings, J.), affirmed December 16, 1998.

Eid v. State, CA CR 98-573 (Stroud, J.), affirmed December 16, 1998.

Halter v. State, CA CR 98-119 (Robbins, C.J.), affirmed December 16, 1998.

Hayes v. Georgia-Pacific Corp., CA 97-1553 (Arey, J.), affirmed December 16, 1998.

Jenkins v. Jenkins, CA 98-318 (Pittman, J.), affirmed December 16, 1998.

Jernigan v. Stephenson, CA 98-468 (Stroud, J.), affirmed December 16, 1998.

Lindsay v. Mars, CA 98-269 (Jennings, J.), affirmed December 16, 1998.

Love v. State, CA CR 98-507 (Stroud, J.), affirmed December 16, 1998.

McGarrity v. Wright, CA 98-496 (Neal, J.), affirmed December 16, 1998.

Moore v. Director, E 98-197 (Roaf, J.), appeal dismissed December 16, 1998.

Muhammad v. State, CA CR 97-1048 (Pittman, J.), rebriefing ordered; new counsel appointed December 16, 1998.

Neel v. Synoground, CA 97-1558 (Griffen, J.), affirmed December 16, 1998.

Office of Child Support Enforcement v. McBride, CA 98-619 (Rogers, J.), appeal dismissed December 16, 1998.

Oliver v. State, CA CR 98-368 (Jennings, J.), affirmed December 16, 1998.

Royal v. State, CA CR 98-306 (Arey, J.), affirmed December 16, 1998.

Scroggins v. Crosby, CA 98-163 (Jennings, J.), affirmed December 16, 1998.

Shivey v. Shivey, CA 98-1127 (Per Curiam), Appellant's Motion for Reconsideration of Motion to Dismiss Appeal; denied December 16, 1998.

Shook v. Pendley, CA 98-137 (Neal, J.), affirmed December 16, 1998. Thomas v. State, CA CR 98-379 (Bird, J.), affirmed December 16, 1998.

Walker v. State, CA CR 98-429 (Bird, J.), affirmed December 16, 1998.

Bell v. Director of Labor, E 98-196, December 16, 1998.

Brown v. Director of Labor, E 98-188, December 16, 1998.

Culver v. Director of Labor, E 98-180, December 16, 1998.

Denton v. Director of Labor, E 98-186, December 16, 1998.

Franklin v. Director of Labor, E 98-182, December 16, 1998.

Holloway v. Director of Labor, E 98-192, December 16, 1998.

Ricketts v. Director of Labor, E 98-195, December 16, 1998.

Shepherd v. Director of Labor, E 98-193, December 16, 1998.

Thomas v. Director of Labor, E 98-191, December 16, 1998.

Watson v. Director of Labor, E 98-187, December 16, 1998.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-119. Rocky Halter v. State of Arkansas, from Sevier Circuit. Affirmed. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-497. C. Don Bice v. William Robert Green et al., from Craighead Chancery, Western District. Affirmed. Neal and Crabtree, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR97-1048. Altricia Muhammad v. State of Arkansas, from Clark Circuit. Rebriefing Ordered; New Counsel Appointed. Rogers and Stroud, JJ., agree. (3 PAGES UNPUBLISHED)

CACR98-391. William Lamont Turner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Rogers and Stroud, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA98-318. Linda D. Jenkins v. Ronald J., Jenkins, from Pulaski Chancery, Fourth Division. Affirmed. Rogers and Stroud, JJ., agree. (3 PAGES UNPUBLISHED)

D. FRANKLIN AREY, III, JUDGE:

CACR98-306. Kenneth Lee Royal v. State of Arkansas, from Sevier Circuit. Affirmed. Griffen and Meads, JJ., agree. (4 PAGES UNPUBLISHED)

CA97-1553. Ida Hayes v. Georgia-Pacific Corporation, from Workersþ Compensation Commission. Affirmed. Pittman, Rogers, Neal, and Griffen, JJ., agree. Crabtree, J., dissents without opinion. (6 PAGES UNPUBLISHED)

CA98-207. Frankie Sapp v. Phelphs Trucking, Inc., from Workersþ Compensation Commission. Affirmed. Pittman, Bird, and Griffen, JJ., agree. Neal and Roaf, JJ., dissent. (5 PAGES + 6 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR98-368. Robert Charles Oliver v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CA97-1366. Ywatun Butler v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CA98-20. Ballenger Paving Co., Inc. v. Tommy Johnson, Administrator of the Estate of Roy Lee Pruett et al., from Saline Circuit. Affirmed. Pittman and Arey, JJ., agree. (18 PAGES UNPUBLISHED)

CA98-163. Eddie S. Scroggins and Geneva Scroggins v. Linda Crosby, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-269. Doris Whitaker Lindsay v. Gary Mars and Rosa Mars, as Guardians of the Person and Estate of Katheryn Bliss, from Sebastian Probate, Fort Smith District. Affirmed. Rogers and Crabtree, JJ., agree. (13 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-379. Jermaine Thomas v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Jennings, J., agrees. Roaf, J., concurs. (12 PAGES UNPUBLISHED)

CACR98-429. LaBoya LaDrake Walker v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-239. Doyce Winningham et al. v. Tim Harris and Kelly Harris, from Conway Chancery. Affirmed. Pittman and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA98-313. Edward John Mikus, III v. Marie Mikus, from Sebastian Chancery, Greenwood District. Affirmed. Jennings and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CA98-619. Office of Child Support Enforcement v. Curtis McBride, from Polk Chancery. Appeal Dismissed. Pittman and Stroud, JJ., agree. (2 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR98-507. David Love v. State of Arkansas, from Garland Circuit, 18th District. Affirmed. Pittman and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)

CACR98-573. Ahmad Eid v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Pittman and Rogers, JJ., agree. (7 PAGES UNPUBLISHED)

CA98-468. Anna Kathryn Jernigan et al. v. J. Michael Stephenson, Administrator of the Estate of James A. Heath, Deceased, from Crittenden Probate. Affirmed. Pittman and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CA98-137. Gary Shook and The Estate of Vivian Shook v. Loava Pendley, Kenneth Shook, and Ronald G. Shook, from Benton Probate. Affirmed. Pittman and Roaf, JJ., agree. (14 PAGES UNPUBLISHED)

CA98-496. Thomas P. McGarrity and Ruth S. McGarrity v. Benny Wright and Doris Wright, from Woodruff Chancery. Affirmed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED)

CA98-616. Peggy Arnold v. Tyson Foods, Inc., from Workersþ Compensation Commission. Affirmed. Pittman, Arey, Bird, and Griffen, JJ., agree. Roaf, J., dissents. (6 PAGES + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

E98-43. Otis W. Burks, Jr. v. Director, Employment Security Department and Burlington Industries, Inc., from Board of Review. Affirmed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR98-157. Curtis Ashlock v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman and Bird, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA97-1558. Paul Neel and Gretchen Neel, Husband and Wife v. August J. Synoground and Alice Synoground, Individually and as Husband and Wife et al., from Sebastian Chancery. Affirmed. Pittman and Bird, JJ., agree. (6 PAGES UNPUBLISHED)

CA98-202. Louise Marie Ball v. Howard and Sue Sewell, from Washington Circuit. Affirmed. Arey and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CA98-418. Ellen Richison, Executrix of the Estate of Stanley R. Richison, Deceased v. Boatmenþs Arkansas, Inc., and Consumerþs Protective Life Insurance Co., from Baxter Circuit. Affirmed. Jennings and Bird, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA98-421. Vick L. Pannell v. Linda K. Pannell, from Garland Chancery. Affirmed. Jennings and Bird, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

E98-197. Larry F. Moore v. Director, Employment Security Department and Johnson County Sheriffþs Office, from Board of Review. Appeal Dismissed. Jennings and Bird, JJ., agree. (2 PAGES UNPUBLISHED)

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

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.

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

CA98-502. Eddie Inskeep v. Emerson Electric Company et al., from Workers' Compensation Commission.

CACR97-1554. Joel Edward Dyer v. State of Arkansas, from Sebastian Circuit. Motion of J.F. Atkinson, Jr. for attorney's fees. Granted. Allowed $750.00.

CACR98-100. James P. Entwistle v. State of Arkansas, from Van Buren Circuit. Appellant's motion for brief time. Granted. Final extension. Griffen and Crabtree, JJ., would deny.

CACR98-187. Toby Patrick Craig v. State of Arkansas, from Nevada Circuit. Appellant's second petition for writ of certiorari to complete the record. Denied. See per curiam this date. Arey, Bird, Neal, Griffen, and Roaf, JJ., dissent. (3 PAGES + 6 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CACR98-374. Danny Lee Ward v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR98-543. John Killingsworth v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

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

CA98-20. Ballenger Paving Company, Inc. v. Tommy Johnson, Administrator of the Estate of Roy Lee Pruett, Deceased, et al., from Saline Circuit. Motion of separate appellee, Lillian Bastedo, to dismiss appeal of separate appellee, Tommy Johnson, Administrator, and appellee, John Ralph Pouland. Moot.

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. Attorney's fees denied. Costs to be taxed by clerk.

CA98-418. Ellen Richison, Executrix v. Boatmen's Arkansas, Inc. et al., from Baxter Circuit. Appellees' motion for attorney's fees and costs. Denied. Arey, J., not participating.

CA98-822. Dennis Joslin v. Leonard Lavern Long et al., from Jackson Circuit. Appellees' motion to dismiss appeal. Passed until case is submitted.

CA98-971. Larry Hamilton v. Walter E. "Sonny" Simpson, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for brief time. Granted. Final extension. Griffen, Crabtree, and Meads, JJ., would deny.

CA98-1127. Bettie Katherine Shivey v. Kenneth Paul Shivey, from Conway Chancery. Appellant's motion for reconsideration of motion to dismiss appeal. Denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CA98-1231. Garry Doty et al. v. Junaway Payne et al., from Poinsett Circuit. Appellants' petition for writ of certiorari to complete the record and to stay brief time. Case and motion certified to the Supreme Court.

PETITION FOR REHEARING:

CA97-1418. Michele Williams v. Prostaff Temporaries, from Workers' Compensation Commission.

CACR98-186. Pierre Lbronze Weaver v. State of Arkansas, from Sebastian Circuit. Appellant's pro se motion to withdraw attorney's brief and to substitute with pro se brief.

CACR98-556. Tommy Mosley v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record and to stay brief time.

CACR98-1408. Richard Cox v. State of Arkansas, from Cross Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time.

CA98-579. Antonio Collins v. State of Arkansas, from Cleveland Chancery. Motion of Robert N. Jeffrey 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.

CA97-1432. Arkansas Land Agency, Inc., et al. v. Dale Pope et al., from Crawford Chancery. Argued orally.

CA98-816. Robert E. Black v. Cache Valley Electric Co., from Workers' Compensation Commission. Argued orally.

CACR97-1487. Billi Jo Dodson v. State of Arkansas, from Faulkner Circuit.

CACR98-455. Adam Flurry et al. v. State of Arkansas, from Sebastian Circuit.

CACR98-462. Dennis Amaral Sr. v. State of Arkansas, from Baxter Circuit.

CACR98-466. Brian Lee Johnson v. State of Arkansas, from Jefferson Circuit.

CACR98-470. Chris Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-605. Demetrius Woods v. State of Arkansas, from Pulaski Circuit, First Division.

CACR98-632. Emmitt Jones v. State of Arkansas, from Chicot Circuit.

CACR98-727. Ricky Kearse v. State of Arkansas, from Marion Circuit.

CA97-1573. D.B. Griffin Warehouse, Inc. v. Margaret Sanders, from Phillips Circuit.

CA98-172. Bob Cole Bail Bonds, Inc. v. State of Arkansas, from Miller Circuit.

CA98-336. Wilfred Scott Griffith v. Mike Gosack, from Sebastian Circuit, Greenwood District.

CA98-494. Columbia Mutual Insurance Co. v. Estate of Allen Baker, Deceased, from Nevada Circuit.

CA98-522. Jerry Inman et al. v. Grady King, from Polk Circuit.

CA98-669. National Security Fire & Casualty Co. v. Karen Barnes, from Pulaski Circuit, Seventh Division.

CA98-713. TPI Restaurants v. Martha Clements, from Workers' Compensation Commission.

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

E98-51. Sheila Beck v. Director et al.

E98-198. Linda Satterlee v. Director et al.

E98-199. Randall A. West v. Director et al.

E98-200. Yvonne M. Burnes v. Director et al.

E98-201. Viola G. Herring v. Director et al.

E98-202. Gloria Richardson v. Director et al.

E98-203. Allen Martin v. Director et al.

E98-204. Tammy L. Owens v. Director et al.

E98-205. Rickey P. McGluen v. Director et al.

E98-206. Jackie Howe v. Director et al.