ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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66 Ark. App.

Opinions delivered
April 7, 1999


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Arkansas Dep't of Human Servs. v. Welborn (Crabtree, J.) CA98-890
Statutes -- Purpose of Adoption Assistance Agreement for Federal IV-E Funded Assistance; statue does not require termination of subsidy if parents fail to provide emotional support to children; circuit judge affirmed. [HTML, WP5.1]

Henslee v. Ratliff (Pittman, J.) CA98-1133
Deeds -- When treated as mortgage; chancellor found deed effected conveyance; finding not clearly erroneous. [HTML, WP5.1]

Jobe v. Wal-Mart Stores (Jennings, J.) CA98-668
Workers' compensation -- Denial of claim for compensable injury; Commission's opinion showed substantial basis. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Blair v. State, CA CR 98-761 (Pittman, J.), affirmed April 7, 1999. Brooks v. Citibank, CA 98-747 (Bird, J.), affirmed April 7, 1999. Foster v. Heffington, CA 98-811 (Neal, J.), affirmed April 7, 1999. Frit Indus. v. Ditto, CA 98-1166 (Stroud, J.), affirmed in part; reversed in part April 7, 1999.

Gaddie v. State, CA CR 98-1074 (Hart, J.), remanded for rebriefing April 7, 1999.

Hollingsworth v. State, CA CR 98-1045 (Jennings, J.), affirmed April 7, 1999.

Maier v. State, CA CR 98-1079 (Jennings, J.), affirmed April 7, 1999.

McHolan v. McHolan, CA 98-721 (Hart, J.), affirmed April 7, 1999.

Mize v. State, CA CR 98-1085 (Neal, J.), affirmed April 7, 1999.

Myers v. Director, E 98-237 (Pittman, J.), reversed and remanded April 7, 1999.

Odom v. Odom, CA 98-1500 (Per Curiam), reversed and dismissed April 7, 1999.

Ramos v. State, CA CR 98-730 (Roaf, J.), affirmed April 7, 1999.

Smith, Ann Tonette v. State, CA CR 98-1156 (Roaf, J.), affirmed as modified April 7, 1999.

Waldon v. State, CA CR 98-1182 (Bird, J.), affirmed April 7, 1999.

Walker v. Independent Case Management, CA 98-977 (Jennings, J.), reversed and remanded April 7, 1999.

West v. State, CA CR 98-1141 (Robbins, C.J.), affirmed April 7, 1999.

Wheeler v. State, CA CR 98-709 (Meads, J.), affirmed April 7, 1999. Woods v. Arkansas Dep't of Human Servs., CA 98-1147 (Stroud, J.), affirmed April 7, 1999.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-1141. Cleveland West, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Pittman and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR98-761. Matthew Blair v. State of Arkansas, from Cleburne Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (2 PAGES UNPUBLISHED)

CA98-1133. Frank Henslee v. Joe and Pamela Ratliff, from Jefferson Chancery. Affirmed. Robbins, C.J., and Crabtree, J., agree. (6 PAGES PUBLISHED)[HTML, WP5.1]

E98-237. Jackie Myers v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Bird and Rogers, JJ., agree. (3 PAGES UNPUBLISHED)

JOSEPHINE LINKER HART, JUDGE:

CACR98-1074. Charles Larry Gaddie v. State of Arkansas, from Pulaski Circuit. Remanded for Rebriefing. Stroud and Neal, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-721. Larry McHolan v. Shirley McHolan, from Pulaski Chancery. Affirmed. Rogers, J., agrees. Stroud, J., concurs. (3 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR98-1045. Willie D. Hollingsworth v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)

CACR98-1079. Ricky S. Maier v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Roaf, JJ., agree. (8 PAGES UNPUBLISHED)

CA98-668. Douglas Jobe v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. Griffen, J., concurs. Pittman and Neal, JJ., dissent. (5 PAGES + 3-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED)[HTML, WP5.1]

CA98-977. Dorothy Walker v. Independent Case Management, from Workers' Compensation Commission. Reversed and Remanded. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-1182. Gilbert Waldon v. State of Arkansas, from Sevier Circuit. Affirmed. Griffen and Meads, JJ., agree. (6 PAGES UNPUBLISHED)

CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit. Affirmed. Griffen and Meads, JJ., agree. (2 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CA98-1147. Alice Woods and Frank Woods v. Arkansas Department of Human Services, from Benton Chancery, Juvenile Division. Affirmed. Hart and Rogers, JJ., agree. (8 PAGES UNPUBLISHED)

CA98-1166. Frit Industries and Legion Insurance Company v. Ricky Ditto, from Workers' Compensation Commission. Affirmed in Part; Reversed in Part. Hart and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR98-1085. Joseph Clinton Mize v. State of Arkansas, from Washington Circuit. Affirmed. Jennings and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-811. Kathy Foster v. Bronnie Heffington, from Faulkner Chancery. Affirmed. Jennings and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CA98-890. Arkansas Department of Human Services v. Curtis Welborn and Christine Welborn, from Pulaski Circuit. Affirmed. Robbins, C.J., and Pittman, J., agree. (5 PAGES PUBLISHED)[HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR98-709. Frank Edward Wheeler, Jr. v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Griffen, JJ., agree. (8 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR98-730. Gilberto Ramos v. State of Arkansas, from Washington Circuit. Affirmed. Jennings and Neal, JJ., agree. (6 PAGES UNPUBLISHED)

CACR98-1156. Ann Tonette Smith v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Jennings and Neal, JJ., agree. (5 PAGES UNPUBLISHED)

PER CURIAM OPINION:

CA98-1500. Renea H. Odom v. Eric C. Odom, from White Chancery, First Division. Reversed and Dismissed. Meads, J., not participating. (1 PAGE UNPUBLISHED)

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CACR98-899. James Randy Mathis v. State of Arkansas, from Greene Circuit.

CA98-829. Triple D-R Development (LLC) v. FJN Contractors, Inc., from Grant Chancery.

CA98-1009. Ernest Meister v. Safety Kleen, from Workers' Compensation Commission.

Hart, Neal, and Meads, JJ., would grant.

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CACR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Appellant's motion for brief time. Granted. Counsel to file brief on or before May 1, 1999.

CACR98-42. Jerome Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Linda Scribner for attorney's fees. Granted. Allowed $750.00.

CACR98-516. Patrick Burnell v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees. Granted. Allowed $750.00.

CACR98-673. Robert Wayne Adcock v. State of Arkansas, from Craighead Circuit, Western District. Motion of William L. Howard for attorney's fees. Granted. Allowed $850.00.

CACR98-759. J.C. Reid, Jr. v. State of Arkansas, from White Circuit. Motion of William C. McArthur for attorney's fees. Granted. Allowed $750.00.

CACR98-944. Guillermo Jose Gonzalez v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $750.00.

CACR98-1100. Larry Edward London v. State of Arkansas, from Faulkner Circuit. Motion of Robert W. Bush for attorney's fees. Denied without prejudice.

CACR98-1157. Earnest M. Criddle, Jr. v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion to amend abstract and for brief time. Denied, but leave granted for appellant's counsel to file a substituted abstract or to supplement abstract in reply brief within thirty days.

CACR98-1413. Juan Carlos Garcia Castillo v. State of Arkansas, from Clark Circuit. Appellee's motion to strike appellant's supplemental abstract. Denied.

CACR98-1481. Amanda E. Chase v. State of Arkansas, from Crawford Circuit. Appellant's motion to certify to the Supreme Court. Denied.

CACR98-1489. Enoche A. Moses v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for brief time. Granted sixty days.

CACR98-1498. Howard Dean v. State of Arkansas, from Perry Circuit. Appellant's motion to consolidate CR97-797 with this appeal. Remanded to the trial court to settle the record within thirty days.

CACR99-35. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and to stay brief time. Granted. Record to be supplemented within thirty days.

CACR99-42. Ryan Archer v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal. Denied. Appellant's counsel to file brief within thirty days. Bird, Griffen, Crabtree, and Meads, JJ., would grant.

CACR99-50. Thelma Jean Hatfield v. State of Arkansas, from Washington Circuit. Motion of William B. Putman to be substituted as counsel for appellant and for brief time and motion of Erwin L. Davis to withdraw as counsel. Granted. Appellant's brief due in thirty days.

CA98-599. John O'Hara v. J. Christy Construction Company et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees. Granted. Jennings, Crabtree, and Meads, JJ., would deny.

CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit, Third Division. Appellant's pro se motion to dismiss with prejudice. Denied.

CA98-1365. City of Gilmore et al. v. Crittenden County, Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal. Granted.

CA98-1436. Hayward Cleveland v. Lee Frazier, from Pulaski Circuit, Second Division. Appellant's motion to certify to the Supreme Court. Granted.

CA98-1500. Renea H. Odom v. Eric C. Odom, from White Chancery. Appellee's motion to confess error, for stay of brief time and to advance the case. Reversed and dismissed. See per curiam this date. Meads, J., not participating.

CA99-165. Joe D. Whisenhunt et al. v. Bee Branch Water Association, Inc. et al., from Van Buren Chancery. Motion of Marian M. McMullan to be relieved as counsel for appellant and motion for brief time. Entry of appearance of Kent Tester on behalf of appellant and motion for brief time. Granted. Appellant's brief due in thirty days.

CA99-319. Arkansas Department of Human Services et al. v. J.B., from Jefferson Chancery. Appellant's motion to request anonymity. Granted.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA98-1061. Deneise Moulin v. Consolidated Stores, from Workers' Compensation Commission.

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CACR98-412. George A. Bunn v. State of Arkansas, from Sebastian Circuit. Motion of Victoria K. Morris for attorney's fees.

CACR98-578. Roger Dale Campbell v. State of Arkansas, from Boone Circuit. Motion of Richard R. Parker for attorney's fees.

CACR98-706. Charles Fields v. State of Arkansas, from Garland Circuit. Motion of Ann C. Hill for attorney's fees.

CACR99-79. Theodis Lagrone Jr. v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal and appellants's motion to file a belated brief.

CACR99-164. Jimmie Leslie Davis v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to supplement the record and for brief time.

CACR99-292. Cory Lamont Williams v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of William C. McArthur to be substituted as counsel for appellant.

CA98-483. Malika L. (Gray) Stepp v. Winfred T. Gray, from Pulaski Chancery, Second Division. Appellant's motion to consolidate CA98-876 with this appeal.

CA98-731. Emcasco Insurance Company v. State Auto Property & Casualty Insurance Company, from Cleburne Circuit. Appellee's motion to designate case for publication.

CA98-1248. Arthur L. Rodgers et ux. v. American General Property Insurance Company, from Monroe Chancery. Appellants' motion to file a belated brief and for brief time.

CA98-1309. Arkansas State Medical Board v. Scott A. Schoen, D.D.S. et al., from Pulaski Chancery, Second Division. Appellant's motion to certify to the Supreme Court.

CA98-1520. Crawford & Lewis v. NationsBank, N.A., from Pulaski Chancery, First Division. Appellee's motion to supplement the record.

CA99-18. Michael Grine v. Board of Trustees of the University of Arkansas et al., from Washington Chancery. Motion of the Arkansas Trial Lawyers Association for permission to file an amicus curiae brief in support of appellant.

CA99-44. Sherie Givan v. Sabra Worley, from Faulkner Probate. Appellee's motion to file a belated brief.

CA99-136. Bill J. Ford, Bank Commissioner of Arkansas v. A.M. Keith, from Pulaski Circuit, Sixth Division. Motion of the Arkansas Bankers Association and the Arkansas Community Bankers for permission to file an amicus curiae brief in support of appellant.

CA99-369. Harry T. Craig et ux. v. Jeffery Hazelwood, from Benton Probate. Appellants' motion to expedite appeal and stay order.

SUBMISSIONS

CA98-1198. Jeff Hulett et al. v. B. T. Lovelace et al., from Pulaski Chancery, Fourth Division. Argued orally.

CA98-1334. Gayla (Davis) Wetherington v. Jonathan Davis, from Saline Chancery. Argued orally.

CACR97-1523. George Anthony Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR98-360. Steve Swanigan v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR98-412. George A. Bunn v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR98-914. Brady Andrew Langley v. State of Arkansas, from White Circuit.

CACR98-988. Bjorn Magnus Haglid v. State of Arkansas, from Washington Circuit.

CACR98-1020. Gerald Dean Fowler v. State of Arkansas, from Washington Circuit.

CACR98-1035. Rushun Abdul Foster v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR98-1072. Alglister Darnell Moore v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR98-1078. William Thomas v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR98-1225. Richard Anthony Gagliani v. State of Arkansas, from Lonoke Circuit.

CACR98-1245. John Woods v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA98-571. Anna Pearl "Kay" Watkins et al. v. Sharon Katheryn Jarnagan et al., from Benton Chancery.

CA98-893. Ellen S. Varner v. Waterloo Industries, Inc., from Workers' Compensation Commission.

CA98-959. Denman E. Wolfe v. Simmons First Bank of Arkansas, from Pope Circuit.

CA98-1007. Betty L. Robinson v. Atlas In-Home Care, Inc., from Workers' Compensation Commission.

CA98-1112. Juanita Rainey v. Elizabeth Rainey Holland et al., from Crittenden Chancery.

CA98-1126. Ruby Worley v. River Oaks Water Improvement District #48, from Garland Circuit.

CA98-1206. Raymond Jordan v. Prescolite, from Workers' Compensation Commission.

CA98-1220. Patricia Deloach v. Manpower, Inc., from Workers' Compensation Commission.

CA98-1221. Cheryle Carroll v. Pulaski County-County Child Support, from Workers' Compensation Commission.

CA98-1258. Johnny Estrada v. Furr's Cafeteria, Inc., from Workers' Compensation Commission.

CA98-1264. Michael Senia v. American Limo Manufacture, from Workers' Compensation Commission.

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

ESD 98-236. Cynthia M. Corbit v. Director et al.

ESD 98-240. Eastern Personnel v. Director et al.

ESD 98-274. Roger D. Smith v. Director et al.

ESD 98-278. Sharon K. Geyer v. Director et al.

ESD 98-279. Annette M. Mackey v. Director et al.

ESD 98-280. Francie A. Dix v. Director et al.

ESD 98-281. James M. Bond v. Director et al.

ESD 98-282. James C. Gray v. Director et al.

ESD 98-283. Brenda F. Brighton v. Director et al.

ESD 98-284. Mary A. Jones v. Director et al.

ESD 98-285. Mary Phelps v. Director et al.

ESD 98-286. Carolyn K. Miller v. Director et al.