Opinions delivered
December 23, 1998
Arkansas Bd. of Registration v. Ackley (Griffen, J.) CA98-585
Professions -- Appellant Board's denials of
appellee's application for registration as professional geologist
were arbitrary and capricious; appellant Board had no basis to
reopen file to determine whether appellee could be disqualified on
other grounds; circuit court's decision affirmed with instructions.
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Beliew v. Stuttgart Rice Mill (Griffen, J.) CA98-525
Workers' compensation -- Argument barred; res
judicata applicable; carrier agreed to appellant's request
to increase disability payments; payment to increased amount not
gratuitous.
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Brewer v. State (Per Curiam) CACR98-935
Appeal & error -- Motion for substitution of
counsel; matter remanded for resolution of factual issues.
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Bryant v. Arkansas Pub. Serv. Comm'n (Bird, J.) CA97-1079
Public Service Commission -- Dispute among parties
concerning effect of agreement; matter reversed and remanded.
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Clark v. Progressive Ins. Co. (Rogers, J.) CA98-141
Automobiles -- Implied permission to drive;
reasonable fact-finder could find driver biased in favor of car's
owner; grant of summary judgment reversed.
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Findley v. State (Jennings, J.) CACR98-537
Discovery -- Open-file policy; may not be
sufficient to fulfill discovery obligation; allowing exhibits into
evidence within trial court's discretion; judgment affirmed.
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Muhammad v. State (Meads, J.) CACR98-201
Criminal procedure -- Consent to search; officer
could reasonably believe appellant was armed; search of appellant's
person justified; motion to suppress properly denied.
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Patrick v. McSperitt (Bird, J.) CA97-1555
Adverse possession -- Chancellor's finding
contiguous requirement lacking not clearly erroneous.
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Pettigrew v. State (Griffen, J.) CACR98-695
Criminal procedure -- Detective had no reason to
invade appellant's personal space to protect himself or anyone
else; trial court's denial of suppression motion clearly erroneous;
conviction with intent to deliver reversed and remanded.
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Raynor v. Kyser (Meads, J.) CA98-133
Limitation of actions -- Medical malpractice;
continuing-treatment theory inapplicable; appellant's lawsuit time-
barred.
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Williams Machine & Fabrication, Inc. v. McKnight Plywood, Inc. (Pittman, J.) CA98-511
Jurisdiction -- Nonresident party; personal
jurisdiction; appellee purposely availed itself of privilege of
doing business in Oregon; reversed and remanded.
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Allen v. Jarvis, CA 98-607 (Neal, J.), reversed and remanded December 23, 1998.
Babbitt v. Thompson, CA 98-331 (Rogers, J.), affirmed December 23, 1998.
Brazil v. State, CA CR 98-109 (Robbins, C.J.), affirmed December 23, 1998.
Childress v. State, (Rogers, J.), affirmed December 23, 1998.
Clark v. State, CA CR 98-467 (Stroud, J.), affirmed December 23, 1998.
Cole v. State, CA CR 98-107 (Jennings, J.), affirmed December 23, 1998.
Douthit v. State, CA CR 98-482 (Pittman, J.), affirmed December 23, 1998.
Edwards v. Edwards, CA 98-275 (Meads, J.), affirmed December 23, 1998.
Gentuso v. Jones, CA 98-558 (Griffen, J.), reversed and remanded December 23, 1998.
Guynn v. State, CA CR 98-278 (Pittman, J.), affirmed December 23, 1998.
J & D Hauling, Inc. v. East Arkansas Contractors, Inc., CA 98-652 (Bird, J.), affirmed December 23, 1998.
Maxey v. Maxey, CA 98-487 (Robbins, C.J.), affirmed December 23, 1998.
Moss v. State, CA 98-474 (Rogers, J.), affirmed December 23, 1998.
Perkins v. Perkins, CA 98-297 (Arey, J.), reversed and remanded December 23, 1998.
Petker v. Petker, CA 98-523 (Stroud, J.), affirmed December 23, 1998.
Pulaski County Child Support Enforcement Unit v. Bradford, CA 98- 266 (Pittman, J.), affirmed December 23, 1998.
Roberson v. State, CA CR 98-493 (Neal, J.), affirmed December 23, 1998.
Roberts v. Director, E 98-53 (Griffen, J.), affirmed December 23, 1998.
Smith v. City of Hamburg, CA 98-680 (Roaf, J.) affirmed December 23, 1998.
Tate v. Little Rock Sch. Dist., CA 98-734 (Roaf, J.), affirmed December 23, 1998.
Tidwell v. Arkansas Dep't of Health, CA 98-545 (Griffen, J.), affirmed December 23, 1998.
Wadley v. Bell, CA 98-473 (Jennings, J.), affirmed December 23, 1998.
Washington v. State, CA CR 98-375 (Bird, J.), affirmed December 23, 1998.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR98-109. Henry Lee Brazil v. State of Arkansas, from Dallas Circuit. Affirmed. Neal and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED)
CA98-487. H. Craig Maxey v. Tamara K. Maxey, from Crawford Chancery. Affirmed. Neal and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED)
JOHN MAUZY PITTMAN, JUDGE:
CACR98-278. Perry M. Guynn v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
CACR98-482. Walter E. Douthit v. State of Arkansas, from Montgomery Circuit. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-266. Pulaski County Child Support Enforcement Unit v. Jerry Bradford, from Pulaski Chancery, Second Division. Affirmed. Rogers and Stroud, JJ., agree. (4 PAGES UNPUBLISHED)
CA98-511. Williams Machine & Fabrication, Inc. v. McKnight Plywood, Inc., from Phillips Circuit. Reversed and Remanded. Bird and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
D. FRANKLIN AREY, III, JUDGE:
CA98-297. Madeline T. Perkins v. Leonard Perkins, from Crawford Chancery. Reversed and Remanded. Griffen and Meads, JJ., agree. (6 PAGES UNPUBLISHED)
JOHN E. JENNINGS, JUDGE:
CACR98-107. Jonathan Keith Cole v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)
CACR98-537. Brian Glenn Findley v. State of Arkansas, from Washington Circuit. Affirmed. Pittman, Rogers, and Stroud, JJ., agree. Bird and Roaf, JJ., dissent. (7 PAGES + 8 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
CA98-473. George R. Wadley Jr. v. Kathleen Bell, Chancellor, from Craighead Chancery. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR98-375. Sammie Lee Washington v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Jennings and Roaf, JJ., agree. (7 PAGES UNPUBLISHED)
CA97-1079. Winston Bryant, Attorney General of the State of Arkansas v. Arkansas Public Service Commission, from Public Service Commission. Reversed and Remanded. Pittman, Jennings, Rogers, Stroud, and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA97-1555. Dorothy C. Patrick, Trustee, Patrick Family Trust v. Don McSperitt, from Madison Chancery. Affirmed. Jennings and Roaf, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]
CA98-652. J & D Hauling, Inc. v. East Arkansas Contractors, Inc., from Phillips Circuit. Affirmed. Jennings and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)
JUDITH ROGERS, JUDGE:
CACR98-397. Gregory Lamont Childress v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Stroud, JJ., agree. (3 PAGES UNPUBLISHED)
CACR98-474. Curtis Wayne Moss v. State of Arkansas, from Poinsett Circuit. Affirmed. Pittman and Stroud, JJ., agree. (9 PAGES UNPUBLISHED)
CA98-141. Bettie Clark et al. v. Progressive Insurance Company, from Chicot Circuit. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
CA98-331. L.V. Babbitt and Juanita Babbitt v. Jody Brian Thompson, from Montgomery Chancery. Affirmed. Pittman and Stroud, JJ., agree. (5 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CACR98-467. Andre Clark v. State of Arkansas, from Lincoln Circuit, Third Division. Affirmed. Pittman and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)
CA98-523. Ralph Lee Petker v. Ralph Austin Petker, from Cleburne Chancery. Affirmed. Pittman and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)
OLLY NEAL, JUDGE:
CACR98-493. Larry Roberson v. State of Arkansas, from Craighead Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (6 PAGES UNPUBLISHED)
CA98-607. John Allen v. Brenda Jarvis, from Pulaski Chancery. Reversed and Remanded. Robbins, C.J., and Crabtree, J., agree. (6 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CACR98-695. Joe Lee Pettigrew v. State of Arkansas, from Pulaski Circuit, Sixth Division. Reversed and Remanded in Part; Affirmed in Part. Arey and Meads, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
CA98-525. David V. Beliew v. Stuttgart Rice Mill, from Workersț Compensation Commission. Affirmed. Pittman and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA98-545. Delois Tidwell v. Arkansas Department of Health, from Workersț Compensation Commission. Affirmed. Arey and Meads, JJ., agree. (5 PAGES UNPUBLISHED)
CA98-558. Vince Gentuso, Jr. v. Billy Charles Jones, from Workersț Compensation Commission. Reversed and Remanded. Arey and Meads, JJ., agree. (5 PAGES UNPUBLISHED)
CA98-585. Arkansas Board of Registration for Professional Geologists v. Richard Ackley, from Pulaski Circuit, Fifth Division. Affirmed with Directions. Arey and Meads, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
E98-53. Susan G. Roberts v. Director, Employment Security Department and Midsouth Vending, Inc., from Board of Review. Affirmed. Arey and Meads, JJ., agree. (5 PAGES UNPUBLISHED)
MARGARET MEADS, JUDGE:
CACR98-201. Karriem Muhammad v. State of Arkansas, from Miller Circuit. Affirmed. Arey, Jennings, and Bird, JJ., agree. Griffen and Roaf, JJ., dissent. (7 PAGES + 8 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
CA98-133. Cleo Raynor and Jerome Raynor v. Dr. James Kyser, from Pulaski Circuit. Affirmed. Arey and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA98-275. Phillip D. Edwards v. Karen Edwards, from Sebastian Chancery. Affirmed. Arey and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
ANDREE LAYTON ROAF, JUDGE:
CA98-680. Danny Smith v. City of Hamburg, from Workersț Compensation Commission. Affirmed. Jennings and Bird, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-734. Helen Tate v. Little Rock School District and Arkansas Municipal League Workersț Compensation Trust Carrier, from Workersț Compensation Commission. Affirmed. Jennings and Bird, JJ., agree. (4 PAGES UNPUBLISHED)
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA97-1418. Michele Williams v. Prostaff Temporaries, from Workers' Compensation Commission.
CACR98-109. Henry Lee Brazil v. State of Arkansas, from Dallas Circuit. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $700.00.
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. Granted.
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. Record deemed supplemented by order of dismissal. Final extension to January 15, 1999. All other relief requested is denied. Neal, J., not participating.
CACR98-935. Cephas Brewer v. State of Arkansas, from Benton Circuit. Motion of Theresa Nazario to withdraw as counsel for appellant and entry of appearance of Karen Pope Greenaway as counsel and motion for brief time. Remanded to trial court. See per curiam this date. Pittman, Jennings, Stroud, Neal, and Roaf, JJ., dissent. (6 PAGES + 2 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
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. Granted.
CA97-1567. William Rutledge v. Marilyn Rutledge, from Pulaski Chancery, Sixth Division. Appellee's motion for attorney's fees. Granted. Allowed $1,500.00 attorney's fees. Clerk to tax costs.
CA98-579. Antonio Collins v. State of Arkansas, from Cleveland Chancery. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $700.00.
CA98-674. Gerald T. Mitchell et ux. v. Gary David Knuckles et ux., from Bradley Chancery. Appellants' motion for brief time. Granted. Final extension.