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

Opinions delivered September 25, 1996


Download ZIP file containing today's WP5.1 files.

AAA Bail Bond Co. v. State (Neal, J.) CA95-1065
Bail -- Surety failed to show that it exercised effort required to return defendant to custody; surety is responsible for securing appearance of its principal. [ASCII, WP5.1]

Carpenter v. Director (Neal, J.) E94-307
Unemployment compensation -- Board's findings that appellant left her last work for reasons that did not constitute good cause not supported by substantial evidence; appellant did not fail to accept suitable work. [ASCII, WP5.1]

Goston v. State (Robbins, J.) CACR95-1133
Trial -- Trial court refused to dismiss for lack of speedy trial; no error found; trial court properly prohibited unruly appellant from being present at trial. [ASCII, WP5.1]

Harrington v. Harrington (Robbins, J.) CA95-1125
Parent & child -- Child custody; chancellor's determination of material change based on broad gender-based generalizations; change-of-custody order was against preponderance of evidence. [ASCII, WP5.1]

Hugh Chalmers Chevrolet-Cadillac-Toyota, Inc. v. Lang (Stroud, J.) CA95-424
Jury -- Batson inquiry; reasons given by prosecutor for striking prospective juror were sufficient to satisfy second prong of Batson; trial court's ruling clearly against preponderance of evidence; case reversed and remanded on appeal and cross appeal. [ASCII, WP5.1]

Pennington v. Rhodes (Griffen, J.) CA95-847
Damages -- Breach of warranty for newly constructed house; injured party not limited to only one measure of damages; directed-verdict motion on damages issue properly denied; defective performance of contract for newly constructed house; general rule prefers cost-of- repairs measure of damages. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Carlisle v. City of Rogers, CA CR 95-693 (Hays, S.J.), affirmed September 25, 1996.

Downing v. Fisher, CA 95-852 (Mayfield, J.), affirmed September 25, 1996.

Gregory v. State, CA CR 95-976 (Mayfield, J.), affirmed September 25, 1996.

Lewisville Sch. Dist. v. Anderson, CA 95-826 (Pittman, J.), affirmed September 25, 1996.

McMahan v. State, CA CR 95-1293 (Griffen, J.), affirmed September 25, 1996.

Nutt v. State, CA CR 95-1096 (Rogers, J.), affirmed September 25, 1996.

Pearson v. Southern Cotton Oil, CA 95-1057 (Hays, S.J.), affirmed September 25, 1996.

Summers Chevrolet, Inc. v. Director, E 94-268 (Mayfield, J.), affirmed September 25, 1996.

Tolbert v. State, CA CR 95-1292 (Stroud, J.), affirmed September 25, 1996.

Wells v. State, CA CR 95-1295 (Griffen, J.), affirmed September 25, 1996.

West Fork Pub. Sch. v. Blasi, CA 95-924 (Jennings, C.J.), affirmed September 25, 1996.

CASES AFFIRMED WITHOUT OPINION

Alexander v. Director of Labor, E 95-190, September 26, 1996.
Burger King v. Director of Labor, E 95-135, September 26, 1996.
Conley v. Director of Labor, E 95-189, September 26, 1996.
Cross County Hosp. v. Director of Labor, E 95-195, September 26, 1996.
Hicks v. Director of Labor, E 95-198, September 26, 1996.
Linn v. Director of Labor, E 95-186, September 26, 1996.

PER CURIAM ORDERS

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

CACR95-810. Joe Scott and Tammy Reed v. State of Arkansas, from Arkansas Circuit, Northern District.

CA95-1106. Sevier County v. Steven Reel, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Stroud, J., not participating.

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CACR95-714. Tina D. Roberson v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $900.00.

CACR95-1292. McKinley Tolbert v. State of Arkansas, from Crittenden Circuit. Motion of Donald A. Forrest for attorney's fees. Granted. Allowed $750.00.

CACR96-262. Donny E. Jennings v. State of Arkansas, from Marion Circuit. Appellant's motion to file a belated brief. Granted.

CACR96-377. Kenneth Michael Boley v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file a belated brief. Granted.

CACR96-526. Charles Martin v. State of Arkansas, from White Circuit. Appellant's motion for brief time. Granted.

CACR96-797. Larry Corley v. State of Arkansas, from Pulaski Circuit. Appellant's motion for brief time. Granted.

CA94-1171. Ronnie Leslie Schuchman v. Earl Cate, from Randolph Circuit. Appellee's motion for release of exhibits. Granted.

CA96-675. Raymond Hart v. Division of Children and Family Services, Investigation Unit, Arkansas Department of Human Services, from White Circuit. Appellee's motion for brief time. Granted.

CA96-708. David M. Lewis et ux. v. Jerry Ward et al., from Van Buren Circuit. Appellees' motion to strike appellants' reply brief. Denied.

CA96-730. Malika L. (Gray) Stepp v. Winifred T. Gray, from Pulaski Chancery. Appellant's motion for brief time. Granted.

CA96-759. David Hooker et al. v. Agribank FCB et al., from St. Francis Circuit. Appellants' pro se motion to supplement brief. Granted.

CA96-775. Jeffery Todd Armstrong v. Shannon Armstrong, from Lonoke Chancery. Appellant's motion for brief time. Granted.

CA96-957. Sonya Gaye Haynes v. Pleasant Valley Country Club et al., from Workers' Compensation Commission. Appellees' motion for reconsideration of order granting motion for rule on clerk and motion to dismiss appeal. Denied. Jennings, C.J., Pittman, Robbins and Griffen, JJ., would grant.

CA96-1086. Brian Oliver v. Weyerhaeuser, from Workers' Compensation Commission. Motion for rule on clerk to lodge transcript. Denied. Neal and Griffen, JJ., not participating.

MOTIONS SUBMITTED

CACR94-1299. Carey Wayne Alexander v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR95-1127. Johnny Benton v. State of Arkansas, from Crawford Circuit. Motion of Robert C. Marquette for attorney's fees.

CACR96-903. Kevin Speed v. State of Arkansas, from Phillips Circuit. Appellee's motion to supplement the record and to stay brief time.

CA96-194. Traca (Paris) Barger v. Richard F. Hatfield, Trustee et al., from White Circuit. Appellees' motion for brief time.

CA96-343. Annette Cockrum v. Randy Cockrum, from Crawford Chancery. Appellant's motion to file a belated reply brief.

CA96-361. Val Jamison et ux. v. The Estate of Robert Sims Goodlett, Deceased, from Hempstead Chancery. Appellee's motion to certify to the Supreme Court, or alternatively, motion to expedite.

CA96-500. Lewis Thomas v. Office of Child Support Enforcement, from Bradley Chancery. Appellee's motion for brief time.

CA96-516. Clarence Richardson v. Emment Williams, from Phillips Circuit. Motion of E. Dion Wilson to be substituted as counsel for appellant and for brief time.

CA96-531. Joseph W. Brown v. Carrie L. Brown (Renaud), from Pulaski Chancery. Appellant's motion to file a belated brief.

CA96-719. Marilyn L. Thomas Spence v. Estate of Walter Thomas, Jr., from Washington Probate. Appellant's motion for brief time.

CA96-759. David Hooker et al. v. Agribank FCB et al., from St. Francis Circuit. Appellees' motion to dismiss appeal and to stay brief time.

CA96-778. Katherine Simpson v. Virginia Simpson, from Pulaski Chancery. Appellant's motion for brief time.

CA96-807. Marion A. Johnson v. Gilbert Johnson, from Hot Spring Chancery. Appellee's motion to file a belated brief.

CA96-831. Marilyn L. Thomas Spence v. Chloe Irene Harriman Thomas, from Washington Chancery. Appellant's motion for brief time.

CA96-832. Valerie Wheeler v. Newton County Health Unit, from Workers' Compensation Commission. Appellant's motion to file a belated brief.

CA96-833. Melanie Young Clark v. Mark Young, from Hot Spring Chancery. Appellant's motion to file a belated brief.

CA96-843. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc. et al., from Union Circuit. Appellants' motion to file a joint abstract.

CA96-888. State of Arkansas, Office of Child Support Enforcement v. Jimmy Clyde Ragland, from Searcy Chancery. Appellant's motion for brief time.

CA96-949. M.T. v. Arkansas Department of Human Services, from Pulaski Chancery, Eighth Division. Appellant's motion for writ of certiorari to complete the record and for brief time.

CA96-1060. Employers Surplus Lines Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Appellants' motion to stay appeal.

CA96-1060. Employers Surplus Lines Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Appellee's motion to consolidate appeal with CA96-843.

CA96-1098. Charles D. Lamproe v. Accustaff, Inc. et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal and motion for costs.

E95-201. Curtis Calvin Prince v. Director et al., from Board of Review. Appellant's pro se motion to remand.

SUBMISSIONS

CACR94-1299. Carey Wayne Alexander v. State of Arkansas, from Jefferson Circuit.

CACR95-1152. Martinous Deshawn Lane v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR95-1244. Gregory C. Franks v. State of Arkansas, from Garland Circuit.

CACR95-1248. Lemonica Bumpers v. State of Arkansas, from Jackson Circuit.

CACR95-1297. Timothy Dale v. State of Arkansas, from Garland Circuit.

CACR95-1354. Harold James Wollitz, Jr. v. State of Arkansas, from Garland Circuit.

CACR96-39. Tavaucia Antonio Williams v. State of Arkansas, from Arkansas Circuit, Northern District.

CA94-1359. Charlotte Smith v. Aetna Casualty & Surety Company et al., from Pulaski Circuit, Seventh Division.

CA95-618. Colonia Underwriters Insurance Company v. Kelley Mackey, from Sebastian Circuit, Fort Smith District.

CA95-634. Wade Lucas v. Linda Brown, Administratrix, from Saline Probate.

CA95-668. Farm Bureau Mutual Insurance Company v. Carla D. Edwards, from Johnson Circuit.

CA95-913. William D. Kelly v. Joyce Faye Kelly, from Johnson Chancery.

CA95-915. Johnnie Myers et al. v. Riverfront Marina, Inc. et al., from Pulaski Circuit, Fifth Division.

CA95-980. William Dunigan v. State of Arkansas, from Sebastian Circuit, Juvenile Division.

CA95-1036. Harrywell, Inc. v. Dave Johnson, from Garland Circuit.

CA95-1045. Donna Bozeman v. Southwestern Trading Company, from Workers' Compensation Commission.

CA95-1101. Yvonne Wilbon v. Cal-Maine Foods, Inc., from Workers' Compensation Commission.

CA95-1211. Marcela Johnston v. Arkansas Department of Human Services et al., from Pulaski Chancery, Seventh Division.

CA95-1337. Cynthia Duke v. Regis Hairstylists, from Workers' Compensation Commission.

CA96-94. Louis Albert Weaver, III v. Whitaker Furniture Company, Inc., from Workers' Compensation Commission.

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

E95-36. Jo Beth Calhoun v. Director et al.

E95-199. David Jenkins v. Director et al.

E95-200. Geritha U. Hargrett v. Director et al.

E95-201. Curtis C. Prince v. Director et al.

E95-203. Terry W. Dailey v. Director et al.

E95-204. John Graham v. Director et al.

E95-205. Kelly Roberson v. Director et al.

E95-208. Susan J. Elrod v. Director et al.

E95-209. Annie McDaniel v. Director et al.

E95-210. Deon G. Starks v. Director et al.

E95-211. Constance Butler v. Director et al.

E95-213. Bryan D. Cordell v. Director et al.

E95-214. Anita J. Moore v. Director et al.

E95-216. Methodist Nursing Home v. Director et al.

E95-250. Brenda Delaney v. Director et al.