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

Opinions delivered March 20, 1996


Aikens v. Lee (Jennings, C.J.)
Family law -- child support; insufficient showing of special circumstances to justify award. [ASCII, WP5.1]

Creson v. Creson (Griffen, J.)
Divorce -- Property placed in names of husband and wife; agreement to repay not clear and convincing evidence that inheritance was separate property; no error in giving appellee possession of marital residence or in making property distribution crediting appellee with reduction in principal. [ASCII, WP5.1]

Garmon v. Mitchell (Cooper, J.)
Property -- Party making annexation clearly intended storage facility to be treated as a chattel; chancellor did nor err in holding that storage facility was not a fixture. [ASCII, WP5.1]

200 Garrison Assocs. Ltd. Partnership v. Crawford Constr. Co. (Pittman, J.)
Arbitration -- Arbitrator denied appellee's request for interest; circuit court's award of interest reversed; no evidence of miscalculation on face of arbitrator's award; case remanded to circuit court to enter judgment affirming amount. [ASCII, WP5.1]

Kennedy v. Kennedy (Robbins, J.)
Alimony -- Decree of alimony based on an independent contract not subject to modification except by consent of parties; chancery court did not have power to modify payments. [ASCII, WP5.1]

Phillips v. State (Stroud, J.)
Search & seizure -- No seizure under fourth amendment for officer to approach car parked in public place to determine if there is anything wrong; warrantless search of van was constitutional; officer, incident to lawful arrest of vehicle occupant, may also search passenger compartment and any containers found within it. [ASCII, WP5.1]

Rohrer v. Hart's Mfg. Co. (Jennings, C.J.)
Workers' compensation -- Employee fired for claiming workers' compensation benefits had common law action against his employer; claim not barred by language of joint petition; trial court reversed and remanded. [ASCII, WP5.1]

Shelton v. Freeland Pulpwood (Cooper, J.)
Workers' compensation -- Commission merely recited testimony; case reversed and remanded for specific findings of fact. [ASCII, WP5.1]

St. Vincent Infirmary Medical Ctr. v. Constance Brown (Mayfield, J.)
Workers' compensation -- Commission's decision in appellee claimant's favor supported by substantial evidence; evidence did not prove that appellee knowingly and willingly made false representation about her physical condition. [ASCII, WP5.1]

Walton v. State (Cooper, J.)
Criminal procedure -- Jury instructions; defense; evidence did not warrant giving of instructions on use of physical force or deadly physical force. [ASCII, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Conway Animal Clinic v. Director of Labor, E 95-136, March 20, 1996.

Balentine v. Director of Labor, E 95-140, March 20, 1996.

Brewer v. Director of Labor, E 95-168, March 20, 1996.

Brown v. Director of Labor, E 95-133, March 20, 1996.

Cox v. Director of Labor, E 95-165, March 20, 1996.

Davis v. Director of Labor, E 95-152, March 20, 1996.

Harris v. Director of Labor, E 95-146, March 20, 1996.

Hinely v. Director of Labor, E 95-153, March 20, 1996.

James v. Director of Labor, E 95-127, March 20, 1996.

Johnson v. Director of Labor, E 95-139, March 20, 1996.

Jones v. Director of Labor, E 95-142, March 20, 1996.

Leach v. Director of Labor, E 95-167, March 20, 1996.

Mahaffey v. Director of Labor, E 95-138, March 20, 1996.

Quackenbush v. Director of Labor, E 95-126, March 20, 1996.

Randolph v. Director of Labor, E 95-164, March 20, 1996.

Ross v. Director of Labor, E 95-128, March 20, 1996.

Taylor v. Director of Labor, E 95-019, March 20, 1996.

OPINIONS NOT DESIGNATED FOR PUBLICATION

Alamo Courts Motel, Inc. v. Murphy, (Mayfield, J.), affirmed March 20, 1996.

Christian v. State, CA CR 95-394 (Neal, J.), affirmed March 20, 1996.

Cooley v. State, CA CR 95-171 (Rogers, J.), affirmed March 20, 1996.

Elder v. State, CA CR 95-430 (Pittman, J.), affirmed March 20, 1996.

Gregory v. State, CA CR 94-1358 (Jennings, C.J.), affirmed March 20, 1996.

Kemp v. State, CA CR 94-1212 (Per Curiam), Petition for Rehearing denied March 20, 1996.

Kidd v. A.D.I. Realty Corp., CA 95-331 (Neal, J.), reversed and remanded March 20, 1996.

Larry Delk & Assocs. v. Snyder, CA 95-347 (Jennings, C.J.), affirmed March 20, 1996.

Lester v. State, CA CR 94-1312 (Jennings, C.J.), affirmed March 20, 1996.

Liberty Mut. Ins. Co. v. Sexton Foods Co., CA 95-291 (Griffen, J.), affirmed in part and modified in part March 20, 1996.

Martin v. Whitmire, CA 95-214 (Jennings, C.J.), affirmed March 20, 1996.

McClung v. McClung, CA 95-88 (Stroud, J.), appeal dismissed March 20, 1996.

Pomeroy v. Mountain View Lodge, Inc., CA 95-77 (Rogers, J.), affirmed march 20, 1996.

Sharp v. Watson, CA 95-223 (Robbins, J.), affirmed march 20, 1996.

Thompson v. State, CA CR 96-38 (Per Curiam), Appellant's Pro Se Motions to File Pro Se Brief, for Appointment of Counsel, and to Expedite Motions for Transcript denied March 20, 1996.

Walker v. Walker, CA 95-43 (Jennings, C.J.), affirmed in part; reversed in part March 20, 1996.

White v. State, CA CR 95-117 (Robbins, J.), affirmed March 20, 1996.