ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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325 Ark.

Opinions delivered
July 15, 1996


Avett v. State (Jesson, C.J.)
Criminal law -- Merely being passenger in stolen vehicle not enough to establish constructive possession; state failed to meet its burden of proof; evidence insufficient to support appellant's conviction. [ASCII, WP5.1]

Baker Car and Truck Rental, Inc. v. The City of Little Rock (Glaze, J.)
Landlord & tenant -- Perpetual renewal; right not conferred unless language is so plain as to admit no doubt of purpose; leases provided for no automatic term extension. [ASCII, WP5.1]

Branch v. State (Per Curiam)
Appeal & error -- motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

Daffron v. State (Per Curiam)
Appeal & error -- Case not yet submitted for decision; motion to supplement abstract and file brief granted. [ASCII, WP5.1]

Evans v. State (Per Curiam) concurrence only
[ASCII, WP5.1]

Flemings v. Littles (Glaze, J.)
Parent & child -- Attempt to invalidate twelve-year-old paternity proceedings; court will not go behind judgment that is valid on its face. [ASCII, WP5.1]

Gardner v. Rogers (Per Curiam)
Prohibition -- Extraordinary writ; petition denied. [ASCII, WP5.1]

Jackson v. Tucker (Per Curiam)
Courts -- Jurisdiction; supreme court's jurisdiction is appellate in nature except where specific law or precedent has established authority in original action; no authority cited; petition denied. [ASCII, WP5.1]

Johnson v. State (Per Curiam)
Appeal & error -- Motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

Malone v. Trans-States Lines, Inc. (Corbin, J.)
Pleading -- Fact pleading required; dismissal for failure to state facts; dismissal without prejudice proper; order modified. [ASCII, WP5.1]

McCready v. State (Per Curiam)
Appeal & error -- Motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

Nichols v. Wray (Newbern, J.)
Banks & banking -- Intent of decedent clear from face of the certificate; court's refusal to impose constructive trust not error; imposition of constructive trust proper; evidence indicated decedent's intention for daughters to share equally. [ASCII, WP5.1]

Pledger v. Mid-State Constr. & Materials, Inc. (Roaf, J.)
Taxation -- Intent of General Assembly that private sale of used motor vehicle be subject to sales tax; isolated-sale exemption not applicable; trial court erred in granting summary judgment to appellee; reversed and remanded. [ASCII, WP5.1]

POM, Inc. v. Taylor (Newbern, J.)
Workers' compensation -- Use of wage-loss evidence in determining Second Injury Fund Liability; substantial evidence supported Commission's decision. [ASCII, WP5.1]

Randolph v. ER Arkansas, P.A. (Glaze, J.)
Jury -- Juror qualification within trial court's discretion; no error to refuse proffered non-AMI instruction; language in instruction allowed was more than sufficient. [ASCII, WP5.1]

Southwestern Glass Co. v. Arkansas Oklahoma Gas Corp. (Glaze, J.)
Public Service Commission -- Injunction erroneously granted; case reversed and remanded. [ASCII, WP5.1]

State v. Staton (Newbern, J.)
Taxation -- Class certification proper; chancellor had jurisdiction over claim's subject matter; appellant's interpretation strained; statute's meaning clear. On Oct. 28, 1996, the Supreme Court issued the following substituted opinion on rehearing. There were 2 dissents. [ASCII, WP5.1]

Stoltz v. Friday (Roaf, J.)
Motions -- Motion to dismiss; trial court did not err in granting appellee bank's motion; statute of limitations had run. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Greene v. State, CR 96-362 (Per Curiam), Appellee's Motion for Extension of Time to File Response to Appellant's Pro Se motion to Withdraw Appeal granted July 15, 1996.

Jones v. State, CR 96-231 (Per Curiam), Pro Se Motions for Appointment of Counsel and for Transcript denied; order affirmed July 15, 1996.

APPENDIX

In Re: Supreme Court Rule 1-2 (Per Curiam) [ASCII, WP5.1]

In Re: Civil Practice Committee Appointments (Per Curiam) [ASCII, WP5.1]

In Re: Client Security Fund Committee Appointments (Per Curiam) [ASCII, WP5.1]

In Re: Board of Certified Court Reporter Examiners (Per Curiam) [ASCII, WP5.1]