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

Opinions delivered December 18, 1996


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Christian v. Arkansas Crane & Crawler (Neal, J.) CA96-275
Workers' compensation -- Evidence supported decision that appellant was appellee's employee; decision of Commission reversed and remanded. [ASCII, WP5.1]

Coleman's Service Ctr., Inc. v. Federal Deposit Insurance Federal Corporation (Robbins, J.) CA95-819
Judgment -- Identical cases between same parties pending in federal and state courts; first judgment is binding; res judicata does not bar subsequent action where court has made express reservation of right to future litigation in earlier action. [ASCII, WP5.1]

Federal Compress & Warehouse Co. v. Risper (Robbins, J.) CA96-78
Workers' compensation -- Commission may have improperly considered appellee's eye injury when determining amount of wage- loss benefits; Commission's opinion reversed and remanded. [ASCII, WP5.1]

Jeffcoat v. Second Injury Fund (Pittman, J.) CA96-53
Workers' compensation -- Commission misinterpreted law in determining second injury fund liability; case remanded for application of Ark. Code Ann. § 11-9-525(b)(5) for determination based on total permanent disability. [ASCII, WP5.1]

Lonigro v. Lonigro (Pittman, J.) CA96-250
Parent & child -- Court erred in failing to make child-support determination; case remanded. [ASCII, WP5.1]

Mid-Century Ins. Co. v. Miller (Rogers, J.) CA96-74
Insurance -- Policy renewed upon receipt of overdue payment; trial court erroneously found that policy was reinstated. [ASCII, WP5.1]

Owens v. Director (Pittman, J.) E96-22
Unemployment compensation -- Board's findings supported by substantial evidence -- decision affirmed. [ASCII, WP5.1]

Pickett v. State (Pittman, J.) CACR96-45
Evidence -- Presence of accused in close proximity to crime relevant for determining accomplice connection; such proof alone insufficient corroboration of defendant's connection to crime. [ASCII, WP5.1]

Sparks Regional Medical Ctr. v. Blatt (Griffen, J.) CA95-1361
Judgment -- Undisputed facts rendered summary judgment inappropriate; enrichment of appellants not unjust. [ASCII, WP5.1]

Spicer v. Estate of Spicer (Pittman, J.) CA95-941
Wills -- Appellant was an interested person under law; case reversed and dismissed. [ASCII, WP5.1]

Winans v. Winans (Cooper, J.) CA95-1185
Civil procedure -- Appellee's motion to dismiss granted with respect to original decree; Ark. R. Civ. P. 60 could not properly be invoked. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas State Board of Pharmacy v. Fenwick, CA 95-904 (Per Curiam), Petition for Rehearing denied December 18, 1996.

Bray v. Golden Eagle of Arkansas, Inc., CA 95-989 (Griffen, J.), affirmed December 18, 1996.

Campbell v. State, CA 96-840 (Per Curiam), Appellee's Motion to Dismiss Appeal denied December 18, 1996.

Douglas v. Norwood, CA 95-1315 (Jennings, C.J.), affirmed December 18, 1996.

Holder v. Helms, CA 95-1273 (Pittman, J.), affirmed December 18, 1996.

Jennings v. State, CA CR 96-27 (Jennings, C.J.). affirmed December 18, 1996.

Malone v. Malone, CA 95-876 (Griffen, J.), affirmed as modified December 18, 1996.

McElroy v. State, CA CR 96-281 (Griffen, J.), affirmed December 18, 1996.

Neil v. Jackson, CA 96-84 (Neal, J.), affirmed December 18, 1996.

Perry v. State, CA CR 95-752 (Rogers, J.), affirmed December 18, 1996.

Roden v. State, CA CR 96-161 (Stroud, J.), affirmed December 18, 1996.

Sampson v. Wilson, CA 96-195 (Stroud, J.), affirmed December 18, 1996.

Weaver v. State, CA CR 95-860 (Cooper, J.), affirmed December 18, 1996.

PER CURIAM ORDERS

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

CA95-904. Arkansas State Board of Pharmacy v. Joe Donald Fenwick, from Sebastian Circuit, Fort Smith District. Mayfield, J., would grant. See dissent issued this date. (8 page dissent)

CA95-1274. John J.R. Sorenson v. Colleen Sorenson, from Pulaski Chancery, Fourth Division.

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CACR95-1332. J.B. Williams v. State of Arkansas, from Crittenden Circuit. Motion of Davis H. Loftin for attorney's fees. Granted. Allowed $700.00.

CACR96-1026. Eldon Ray Bias v. State of Arkansas, from Polk Circuit. Appellant's motion to amend brief and to stay reply brief time. Appellant may filed substituted brief and abstract within thirty days.

CACR96-1073. Billy Goss v. State of Arkansas, from Pope Circuit. Appellant's motion for brief time. Granted.

CA96-666. James E. Maxey et al. v. Nadine Dyer, Guardian et al., from Benton Chancery. Appellees' motion for brief time. Granted.

CA96-759. David Hooker et al. v. Agribank FCB et al., from St. Francis Circuit. Appellants' pro se motion for reconsideration of order denying motion to issue a signed order. Denied.

CA96-831. Marilyn Louise Thomas Spence v. Chloe Irene Harriman Thomas et al., from Washington Chancery. Appellees' motion to dismiss appeal. Denied.

CA96-831. Marilyn Louise Thomas Spence v. Chloe Irene Harriman Thomas et al., from Washington Chancery. Appellant's motion to file a belated brief. Granted.

CA96-840. Christopher Campbell v. State of Arkansas, from St. Francis Chancery. Appellee's motion to dismiss appeal. Denied. See per curiam issued this date. (1 page unpublished)

CA96-957. Sonya Gay Haynes v. Pleasant Valley Country Club, from Workers' Compensation Commission. Appellant's pro se motion for brief time. Granted.

CA96-1069. Ottie Hooker v. Producers Tractor Company, Inc. et al., from St. Francis Chancery. Appellees' motion to dismiss appeal. Granted. Motion to stay brief time. Moot.

CA96-1187. Renee Mathews v. Rodney Oglesby, from Pulaski Chancery. Appellant's motion for brief time. Granted.

CA96-1246. Roy James v. Lee Douglas, Commissioner of Insurance, from Pulaski Circuit. Appellant's motion to file a belated brief. Granted.

CA96-1265. Alan Minor et al. v. J.P. Failla et al., from Lincoln Circuit. Appellants' motion to file a belated brief. Granted.

E96-180. Roger Overton v. Director et al., from Board of Review. Motion for rule on clerk to lodge Petition for Review. Denied. Mayfield, Neal and Griffen JJ., would grant.

E96-227. Delfort Minor v. Director et al., from Board of Review. Motion for rule on clerk to lodge Petition for Review. Denied. Mayfield, Neal and Griffen, JJ., would grant.

E96-239. Gladys Rogers v. Director et al., from Board of Review. Motion for rule on clerk to file Petition for Review. Denied. Mayfield, Neal and Griffen, JJ., would grant.

PER CURIAM ORDERS

PETITIONS FOR REHEARING:

CACR95-1280. David Sanchez v. State of Arkansas, from Mississippi Circuit, Osceola District.

CA95-1153. Nadine Schramm v. Horace Piazza, from Pulaski Circuit, Third Division.

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CACR96-218. Johnny L. Zollicoffer v. State of Arkansas, from Johnson Circuit. Motion of William M. Pearson for attorney's fees.

CACR96-230. Demetrius E. Tyler v. State of Arkansas, from Chicot Circuit. Motion of Claibourne C. Crews for attorney's fees.

CACR96-439. Joseph Lee Stephens v. State of Arkansas, from Jefferson Circuit. Motion of Othello C. Cross for attorney's fees.

CACR96-1127. Gary Lee Yancey v. State of Arkansas, from Pulaski Circuit. Appellant's motion for brief time.

CACR96-1298. Harmon Williams v. State of Arkansas, from Hempstead Circuit. Appellant's motion for brief time.

CACR96-1334. Lisa Lachut v. State of Arkansas, from Jefferson Circuit. Appellant's motion for brief time.

CACR96-1452. Howard Vance Garner v. State of Arkansas, from Garland Circuit. Motion of Ronald G. Naramore to be relieved as counsel for appellant and for Q. Byrum Hurst, Jr. to be substituted as counsel.

CA96-92. Larry R. Baysinger v. Air Systems, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees and costs.

CA96-1179. John C. Helms, Jr. v. Shelly Marie Helms Argenbright, from Sevier Chancery. Appellant's motion for brief time.

CA96-1264. Jerry Hall v. Charles Hall et al., from Van Buren Chancery. Appellant's motion for brief time.

CA96-1358. Troy Davis v. Estate of Mattie Davis Wooldridge, from Drew Probate. Appellant's motion for brief time.

CA96-1394. Charles Banks v. Bennett Truck Lines, from Workers' Compensation Commission. Appellant's motion for brief time.

SUBMISSIONS

CACR95-1298. Dennis Lamar Akin v. State of Arkansas, from Garland Circuit.

CACR95-1355. Martin Jeffrey Edwards v. State of Arkansas, from Garland Circuit.

CACR95-1365. James Foley v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR96-99. Gregory D. Graves v. State of Arkansas, from Garland Circuit.

CACR96-124. Bobby D. Standridge v. State of Arkansas, from Sebastian Circuit.

CACR96-147. Rodney D. Daniels v. State of Arkansas, from Garland Circuit.

CACR96-149. Jerry Chris Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR96-230. Demetrius C. Tyler v. State of Arkansas, from Chicot Circuit.

CACR96-233. William J. Brown v. State of Arkansas, from Garland Circuit.

CACR96-419. Glen Western v. State of Arkansas, from Garland Circuit.

CACR96-439. Joseph Lee Stephens v. State of Arkansas, from Jefferson Circuit.

CACR96-724. Thomas Edward Morris v. State of Arkansas, from Faulkner Circuit.

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

E95-239. Lee E. Cannimore v. Director et al.

E95-253. Jerold M. Charton v. Director et al.

E96-11. Barry G. Cowan v. Director et al.

E96-21. Lovie E. Roe v. Director et al.

E96-43. Rebecca L. Schodtler v. Director et al.

E96-98. Beth Skorcz v. Director et al.