Abshure v. State (Per Curiam) CR01-925

Certiorari -- Petition for writ of certiorari to complete record for appeal granted. [HTML, WP5.1]

Arkansas County v. Desha County (Per Curiam) 01-1085

Appeal & error -- Request that trial court be ordered to transmit trial exhibits to supreme court; granted; petition for writ of certiorari to complete record granted. [HTML, WP5.1]

Ballard, Teresa v. Clark County Cir. Ct. (Per Curiam) 01-1268

Jurisdiction -- Necessary records for appeal filed & appeal on supreme court docket; circuit court wholly without jurisdiction to act on motion to strike; trial court had no authority to dismiss appeal. [HTML, WP5.1]

Ballard, Teresa v. Clark County Cir. Ct. (Per Curiam) 01-1251

Prohibition -- Writ of; supreme court will treat petition for prohibition as one for certiorari; petition for writ denied where circuit court's order requiring supersedeas bond was not manifest abuse of discretion. [HTML, WP5.1]

Collins v. Collins (Corbin, J.) 00-1412

Divorce -- Exemption from marital property; first and second prongs of exemption satisfied; chancellor not clearly erroneous in finding FELA proceeds not subject to division. [HTML, WP5.1]

Dwills v. State (Per Curiam) CR01-1289

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Escandon v. State (Per Curiam) CR01-1249

Appeal & error -- Petition for writ of certiorari to complete record for criminal appeal granted; circuit court directed to supervise reporter's completion of record; clerk directed to accept transcript in criminal case conditioned on directions. [HTML, WP5.1]

Hammon v. State (Imber, J.) CR00-1259

Substituted opinion delivered January 24, 2002; appears in syllabus that date. [HTML, WP5.1]

Hudspeth v. State (Per Curiam) CR01-1222

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Hurst v. Holland (Glaze, J.) 01-603

Administrative law & procedure -- Appellants had no adequate relief under ordinance; statute did not required aggrieved party to exhaust administrative remedies prior to seeking injunctive relief; county ordinance did not allow for any kind of injunctive relief; trial court's ruling did not consider evidence or merits of case; reversed & remanded so that lower court could consider & decide whether injunctive relief was proper. [HTML, WP5.1]

Shields v. State (Per Curiam) CR01-288

Appeal & error -- Motion to file belated brief; good cause for granting. [HTML, WP5.1]

Smith v. State (Hannah, J.) CR01-440

Appeal & error -- Appeal by State; word "shall" in mandatory in thirty-day rule; untimely cross-appeal not considered. [HTML, WP5.1]

Tri-State Delta Chems., Inc. v. Crow (Corbin, J.) 01-624

Arbitration -- Service properly completed & appellant failed to timely assert arbitration as defense to lawsuit; appellant effectively waived or defaulted on that right; default judgment was not final order; appellees' motion to dismiss appeal granted. [HTML, WP5.1]

Woodall v. Chuck Dory Auto Sales, Inc. (Brown, J.) 01-659

Usury -- Evidence before circuit judge when motion to dismiss was made; substantial evidence existed that charge attached to each certificate of title was interest; grant of motion to dismiss did not withstand review; reversed & remanded. [HTML, WP5.1]

In Re: Establishment of the Arkansas Lawyers Assistance Program (Per Curiam) [HTML, WP5.1]

Allen v. State, CR 01-547 (Per Curiam), Pro Se Motion to Stay Brief Time, for Access to Trial Transcript, and Extension of Time to File Brief; granted in part and declared moot in part December 13, 2001. [HTML, WP5.1]

Glick v. Cass, 00-893 (Per Curiam), affirmed December 13, 2001. [HTML, WP5.1]

Howard v. Woodard, 00-1164 (Per Curiam), affirmed December 13, 2001. [HTML, WP5.1]

Lewis v. State, CR 01-112 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk to Lodge Appeal Without Record; dismissed December 13, 2001. [HTML, WP5.1]

McDonald v. State, CR 00-710 (Per Curiam), Petition for Rehearing denied December 13, 2001. [HTML, WP5.1]

Urquhart v. Norris, 00-870 (Per Curiam), affirmed December 13, 2001. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-603. Dale Hurst, Donny Hurst, d/b/a Hurst Brothers, Trustee of the Glen Cox Residual Trust et al. v. Herman Holland, The Estate of Addie Holland, Fred Holland, Ted Holland, Bob Holland, from Randolph Chancery. Reversed and Remanded. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-1412. Martha Collins v. Cornelius Collins, from Jefferson Chancery. Affirmed. Arnold, C.J., Glaze and Imber, JJ., dissent. (15 PAGES + 5-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-624. Tri-State Delta Chemicals, Inc., d/b/a UAP Mid-South v. Nelson Crow, William Day, William Day and Sons, Larry Hillis, Moss Farms, Inc., Peacock and Staudinger, Prairie Creek Farms, Inc., Greg Simpson, and Guy Teeter, from Desha Circuit, Arkansas City District. Appeal Dismissed. Imber, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-659. Mike Woodall & Mike Woodall Auto Sales, Inc. v. Chuck Dory Auto Sales, Inc., from Pulaski Circuit, Seventh Division. Reversed and Remanded. Arnold, C.J., dissents. Imber, J., not participating. (7 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-1259. Roger Allen Hammon v. State of Arkansas, from White Circuit; CR00-1383. Michael Jackson v. State of Arkansas, from Mississippi Circuit; and CR00-1275. William Eugene Langley v. State of Arkansas, from Crawford Circuit. Motion to Withdraw as Attorney-of-Record Denied in CR00-1259; Motion to Withdraw as Attorney-of-Record Granted and Appointment of New Counsel Declined in CR00-1275; In CR00-1383, Motion to Proceed as Court-Appointed Counsel Denied, Motion for Extension of Time to File Affidavit of Indigency Granted, Petition for Writ of Certiorari to Complete Record Granted Upon Timely Filing of Affidavit of Indigency, Motion for Extension of Time to File the Record Granted. Substituted opinion delivered January 24, 2002; appears in syllabus that date. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-440. Paul Smith v. State of Arkansas, from Pulaski Circuit, First Division. Direct Appeal Affirmed. Cross-Appeal Dismissed. Imber, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

00-870. Walter Urquhart v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. Imber, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

00-893. Dennis P. Glick v. Terry Cass and George Brewer, from Jefferson Circuit. Affirmed. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-1164. Kenneth Howard v. Melba Woodard, Records Supervisor, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. Imber, J., not participating. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR00-710. Bufford McDonald v. State of Arkansas, from Pope Circuit. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR01-1240. Scharel Ann Burley v. State of Arkansas, from Washington Circuit. Imber, J., not participating.

01-1237. Sharp County Sheriff's Department v. Ozark Acres Improvement District, from Workers' Compensation Commission. Imber, J., not participating.

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

CR01-1264. Robert Kent Gwatney v. State of Arkansas, from Pulaski Circuit, Sixth Division. Imber, J., not participating.

01-1197. Wal-Mart Stores, Inc. v. Betty Yates, from Workers' Compensation Commission. Imber, J., not participating.

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CR01-288. Darwin Shields v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief is granted. See per curiam this date. Brown and Imber, JJ., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1222. James Dennis Hudspeth and Johnny "Red" Hudspeth v. State of Arkansas, from Marion Circuit. Motion for rule on clerk is granted. See per curiam this date. Imber, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1249. Obdulio Martinez Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Petition for writ of certiorari to complete the record is granted. See per curiam this date. Imber, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-1085. Arkansas County v. Desha County, from Arkansas Chancery, Southern District. Appellee's petition for writ of certiorari to complete the record is granted. See per curiam this date. Imber and Hannah, JJ., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-1251. Teresa Ballard et al. v. Honorable John A. Thomas, Judge, from Clark Circuit. Petition for writ of prohibition is denied. See per curiam this date. Imber, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

01-1251. Teresa Ballard et al. v. Honorable John A. Thomas, Judge, from Clark Circuit. Motion to consolidate record on petition for writ of prohibition or certiorari. Moot. Imber, J., not participating.

01-1251. Teresa Ballard et al. v. Honorable John A. Thomas, Judge, from Clark Circuit. Motion for stay pending decision on writ of prohibition or certiorari. Moot. Imber, J., not participating.

01-1251. Teresa Ballard et al. v. Honorable John A. Thomas, Judge, from Clark Circuit. Motion to expedite petitioners' motion for stay. Moot. Imber, J., not participating.

01-1268. Teresa Ballard et al. v. Honorable John A. Thomas, Judge, from Clark Circuit. Motion to expedite consideration granted; motion to consolidate records moot; petition for writ of prohibition is granted. See per curiam this date. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

CR00-635. Romey Luther Miles v. State of Arkansas, from Lonoke Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-3(h). Granted 60 days to file a new brief in compliance with Rule 4-3(h). Imber, J., not participating.

CR01-458. Richard Allen Duck v. State of Arkansas, from Prairie Circuit, Southern District. Motion for rule on clerk to file petition for rehearing on substituted opinion is granted; mandate recalled for this purpose. Imber, J., not participating.

CR01-910. Alex Ware v. State of Arkansas, from St. Francis Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(h) and to stay brief time. Granted 30 days to file a new brief in compliance with Rule 4-3(h). Imber, J., not participating.

CR01-925. Steven Ray Abshure v. State of Arkansas, from Lonoke Circuit. Petition for writ of certiorari to complete the record is granted. See per curiam this date. Imber, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1057. Perry Burton Holmes v. State of Arkansas, from Faulkner Circuit. Appellee's motion to file supplemental brief is granted. Imber, J., not participating.

CR01-1108. James Hoay v. State of Arkansas, from Clay Circuit, Western District. Appellant's motion to file supplemental brief is granted. Imber, J., not participating.

CR01-1108. James Hoay v. State of Arkansas, from Clay Circuit, Western District. Appellee's motion to file supplemental brief is granted. Imber, J., not participating.

CR01-1289. Shawn Dwills v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is granted. See per curiam this date. Imber, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-624. Tri-State Delta Chemicals, Inc. d/b/a UAP Mid-South v. Nelson Crow et al., from Desha Circuit, Arkansas City District. Appellees' motion to dismiss appeal. Moot. See opinion this date. Imber, J., not participating.

01-1265. Troutman Oil Company, Inc. v. Shahlla Lone, from Lonoke Circuit. Appellee's motion to file belated response to petition for review is granted. Imber, J., not participating.

CA01-111. Robert Murphy and Cathy Murphy et al. v. David M. Dumas and Donni S. Dumas, from Union Chancery. Appellants' motion for extension of time to file petition for rehearing is granted. Imber, J., not participating.

CR01-112. Almond C. Lewis, Jr. v. State of Arkansas, from Saline Circuit. Pro se motion for reconsideration of motion for rule on clerk to lodge appeal without record. Motion dismissed. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-547. Kevin Allen v. State of Arkansas, from Grant Circuit. Pro se motion to stay brief time, for access to trial transcript, and for extension of time to file brief. Motion granted in part and declared moot in part. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Establishment of the Arkansas Lawyers Assistance Program. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

CR01-1295. Bryant Manuel Flores v. State of Arkansas, from Garland Circuit.

01-1212. Cooper Tire & Rubber Company v. Richard Angell, from Workers' Compensation Commission.

01-1217. Erika Wentz v. Service Master, from Workers' Compensation Commission.

01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division.

01-1265. Troutman Oil Company, Inc. v. Shahlla Lone, from Lonoke Circuit.

01-1277. Kyle Coombs v. Hot Springs Village Property Owners Association et al., from Garland Circuit.

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CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Motion to delay briefing schedule.

CR01-729. State of Arkansas v. Eric G. Holmes, from Pulaski Circuit, First Division. Motion of Jack R. Kearney to be relieved as attorney of record.

01-1167. Chandra Ragar Turley v. Marjorie Ragar, from Pope Chancery. Appellant's motion to dismiss appeal without prejudice and reinvest jurisdiction with the trial court.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Motion of appellant Crystal Luebbers to withdraw as a party of record.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to stay briefing pending completion of record.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Motion of appellee Advance America to dismiss appeal.

01-1185. Teresa Ballard et al. v. Westark Financial Consultants of Little Rock, Inc. et al., from Craighead Circuit, Western District. Appellees' motion to expedite.

01-1185. Teresa Ballard et al. v. Westark Financial Consultants of Little Rock, Inc. et al., from Craighead Circuit, Western District. Motion of appellant Crystal Luebbers to withdraw as a party of record.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to stay briefing pending completion of record.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Motion of appellant Crystal Luebbers to withdraw as a party of record.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to supplement the record on appeal.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to consolidate record on appeal.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Motion of appellee Advance America to dismiss appeal or to stay brief time.

01-1218. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to reconsider or, in the alternative, motion to supplement the record and for brief time.

01-1218. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Motion of appellant Crystal Luebbers to withdraw as a party of record.

01-1298. James Kelly Smith v. Shelly Smith, from Drew Circuit. Motion for rule on clerk.

01-1311. St. Paul Mercury Insurance Company v. Honorable Victor L. Hill, Judge, from Craighead Circuit, Western District. Petition for writ of prohibition.

01-1320. Steve Koscenski et ux. v. Bob Harrison et ux., from Conway Chancery. Motion for rule on the clerk to file petition for review.

CR01-177. Carol Ross v. State of Arkansas, from Perry Circuit.

CR01-698. Terrence D. Box v. State of Arkansas, from Desha Circuit, Arkansas City District.

CR01-776. State of Arkansas v. Misty Renee Pruitt, from White Circuit.

CR01-788. James Brown v. State of Arkansas, from Jefferson Circuit.

01-708. Arkansas Contractors Licensing Board v. Pegasus Renovation Company, from Saline Circuit.