ARKANSAS SUPREME COURT

Opinions delivered
June 17, 2004


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TOM GLAZE, JUSTICE:

03-754. American Abstract and Title Company and Robert E. Adkins v. George and Alfreda Rice, from Pulaski Circuit, Thirteenth Division. Affirmed. Thornton, J., dissents. Hannah, J., not participating. (13 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-878. Samuel A. Perroni v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Brown, Imber, and Thornton, JJ., dissent. (16 PAGES + 8-PAGE DISSENT + 22-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-1283. In the Matter of the Adoption of SCD, A Minor, from Polk Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

04-11. James Lee Speights, Jr., Reginal Jefferson, and Brett Hovorka, Individually and as Class Representatives v. Stewart Title Guaranty Company, Inc., Chicago Title Insurance Company, Inc., and First American Title Insurance Company, Inc., from Saline Circuit. Reversed and Remanded. Thornton, J., dissents. (7 PAGES + 1-PAGE DISSENT PUBLISHED) Supplemental opinion on denial of petition for rehearing delivered September 30, 2004. (3 PAGES PUBLISHED) [HTML, WP5.1]  

DONALD L. CORBIN, JUSTICE:

04-41. Lenders Title Company v. Don Chandler, Individually and on Behalf of All Other Persons Similarly Situated, from Garland Circuit. Affirmed. Thornton, J., dissents. (16 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]  

ROBERT L. BROWN, JUSTICE:

04-44. Valerie Bright v. Stephen S. Zega and Davis & Zega P.C., from Washington Circuit. Affirmed. Imber, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

04-127. Hartford Fire Insurance Company; Advocat, Inc.; Diversicare Leasing Corporation; Diversicare Management Services Co.; and Rich Mtn. Nursing & Rehab Center v. Lon C. Sauer, as Administrator of the Estate of Margaretha Sauer, from Polk Circuit. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-286. State of Arkansas v. Honorable Robert C. Vittitow, Desha County Circuit Judge,from Desha Circuit, Arkansas City District. Petition for Writ of Mandamus. Writ Denied. Glaze, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-864. Nucor Corporation and Systems Contracting Corporation v. Marty Kilman, Mike Evans and Betty Evans, from White Circuit. Affirmed in Part; Reversed and Remanded in Part. Dickey, C.J., and Thornton, J., dissent. (23 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

04-267. Michael D. Lenser and Dorothy Hockey v. Honorable Mary Spencer McGowan, Judge, and Angel Lenser, from Pulaski Circuit, Ninth Division. Petition for Writ of Prohibition Denied. Substituted opinion on denial of petition for writ of prohibition delivered September 16, 2004; appears in syllabus that date. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-578. Dennis Van Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-761. Thomas Lee Deere v. State of Arkansas, from Howard Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

 04-544. Arkansas Department of Human Services v. Versie Burgess and James Burgess, from Pulaski Circuit, Third Division.

04-587. James Andrews et ux. v. Air Evac EMS, Inc. et al., from Benton Circuit.

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04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Respondents' motion to dismiss petitioners' complaint and motion for alternative and permanent writs of superintending control, mandamus or prohibition. Granted for lack of jurisdiction.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Petitioners' motion and second motion foralternative writ of superintending control, or mandamus, or prohibition. Motions moot.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Motions of Julie Anna Schroeder and John Vail for admission pro hac vice. Motions moot.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Petitioners' motion to appoint a special master. Motion moot.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Petitioners' request to set matter for hearing is moot.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Health Care intervenors' adoption of respondents' motion to dismiss is moot.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Business intervenors' adoption of respondents' motion to dismiss complaint and dismiss petitioners' motion for writs is moot.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to expedite appeal of denial of Rule 37 relief, petition for writ of error coram nobis and petition for writ of habeas corpus is denied.

CR04-588. Johnifer Rolston v. State of Arkansas, from Chicot Circuit. Motion for belated appeal. Appeal granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR04-615. German R. Marroquin v. State of Arkansas, from Benton Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CA03-1122. Grover Fenton v. Dorothea Pearson, from Lincoln Circuit. Appellant's motion to certify case to Supreme Court is denied.

04-284. DaimlerChrysler Services North America, LLC v. Richard Weiss, Director Department of Finance and Administration et al., from Pulaski Circuit, Seventeenth Division, and 04-617. Richard Weiss, Director, Arkansas Department of Finance and Administration et al. v. American Honda Finance Corporation, from Pulaski Circuit, Seventeenth Division. Joint motion to consolidate cases on appeal is denied.

04-441. Arkco Corporation et al. v. Jess Askew, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal. Passed until case submitted. Brown and Imber, JJ., not participating.

04-441. Arkco Corporation et al. v. Jess Askew, from Pulaski Circuit, Fifth Division. Appellee's motion to stay briefing schedule and decision of appeal. Moot. Brown and Imber, JJ., not participating.

04-636. In Re: Peter R. Darling, Arkansas Bar ID #79051. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

04-637. In Re: Bob Samuel Castleman, Arkansas Bar ID #80024. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-494. Mark R. Latta v. State of Arkansas, from Garland Circuit. Pro se motion for reconsideration of motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1316. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Pro se motions for extension of time to file brief and for preliminary injunction. Motion for extension of time granted; motion for preliminary injunction denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-528. Millard Russey v. Honorable John Thomas, Judge, from Clark Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-104. Arthur Blount v. Grant Harris, Warden, from Jefferson Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-566. Arctic Henderson v. Honorable L.T. Simes, Judge, from Phillips Circuit. Pro se motion for rule on clerk o file mandamus petition without record. Motion for rule on clerk dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-611. Kenneth Shibley v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar. See per curiam this date. (10 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 03-369. Richard Barclay, Director, Arkansas Department of Finance & Administration et al. v. Jamie D. Waters et al., from Pulaski Circuit, Twelfth Division.

03-669. Carl S. Hurst et al. v. Willie B. Dixon, from Phillips Circuit.

03-1154. JurisDictionUSA, Inc. v. Loislaw.com, Inc. et al., from Crawford Circuit.

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CACR04-170. Kenneth Harold Jordan v. State of Arkansas, from Hempstead Circuit. Appellant's motion to certify to the Supreme Court and request for oral argument.

CR03-1307. Leonard Porter v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to file a belated brief and for extension of brief time.

03-1466. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for clarification and for extension of time to file response to supplemental brief.

04-28. Robert Slusser v. Farm Service, Inc. et al., from Lawrence Circuit. Motion for extension of time to file a reply brief with a substituted addendum.

04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Appellees' motion to supplement the record.

04-380. Greene County et al. v. Jerry Vincent, from Workers' Compensation Commission. Joint motion to continue stay of petition for review.

04-473. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit. Pro se motion to supplement the record.

04-473. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit. Pro se motion for extension of time to file brief.

04-639. Linda Foshee and Archie Foshee v. Arkansas Department of Human Services,from Sevier Circuit. Appellee's motion to dismiss appeal.

04-643. Rodrigo Robles v. Honorable James Hudson, Judge, from Lafayette Circuit. Petition for writ of prohibition.

SUBMISSIONS

03-1382. Mercury Marketing Technologies of Delaware, Inc. et al. v. State of Arkansas ex rel., from Pulaski Circuit, Second Division. Argued orally.

CR03-696. John Earl Patrick v. State of Arkansas, from Carroll Circuit, Eastern District.

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit.

CR04-100. Timothy Zachary v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR04-126. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division.

04-515. Arkansas Department of Human Services v. Honorable Linda Collier, Judge, from Van Buren Circuit.