ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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327 Ark.

Opinions delivered
February 3, 1997


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Balentine v. Sparkman (Imber, J.) 96-196
Negligence -- Negligent entrustment; jury found driver negligently operated car; evidence sufficient to support finding of negligent entrustment. [ASCII, WP5.1]

Calandro v. Parkerson (Arnold, C.J.) 95-825
Corporations -- Malpractice and contract claims; individual appellants could not bring corporate cause of action; privity of contract not required to have cause of action against attorney for fraud; individual appellants could bring claim. [ASCII, WP5.1]

Catlett v. State (Per Curiam) CR95-10
Motions -- Release of evidence for civil trial denied. [ASCII, WP5.1]

Chalmers v. Chalmers (Newbern, J.) 96-358
Gifts -- Delivery; indorsement and declaration supported chancellor's decision that present gift was intended and delivery requirement was satisfied. [ASCII, WP5.1]

Collins v. Hinton (Corbin, J.) 96-171
Witnesses -- Expert witness; physician's testimony exception to hearsay rule; no abuse of discretion found. [ASCII, WP5.1]

Hall v. Freeman (Newbern, J.) 96-179
Parent & child -- Statutes creating paternity action in harmony with presumption of legitimacy; chancellor erred in permitting paternity action to be pursued on behalf of child. [ASCII, WP5.1]

Henderson v. State (Per Curiam) CR97-53
Appeal & error -- Motion for belated appeal; good cause for granting. [ASCII, WP5.1]

In the Matter of Contempt of Counsel, Atkinson (Per Curiam) CR96-633
Contempt -- Hearing ordered on contempt charge; master appointed; counsel's burden of proof. [ASCII, WP5.1]

Jewell v. Miller County Election Commission (Newbern, J.) 95-1322
Appeal & error -- Abstract flagrantly deficient; judgment affirmed. [ASCII, WP5.1]

Jones v. Jones (Per Curiam) 95-1150
Attorney's fees -- Award permitted in decree modification cases; motion for attorney's fees left within trial court's jurisdiction even though appeal has been docketed; supreme court retains jurisdiction to consider motion for attorney's fees even after mandate has been issued; motion granted; request for sanctions denied. [ASCII, WP5.1]

Richardson v. Williams (Glaze, J.) 96-516
Jury -- Fact that one identifiable group of individuals votes in lower proportion than remainder of population does not make jury-selection procedure illegal; voter-registration lists may be used as sole source for selecting jury pools. [ASCII, WP5.1]

Russell v. Grimes (Per Curiam) 97-26
Appeal & error -- Motion to proceed in forma pauperis denied. [ASCII, WP5.1]

Shackelford v. Patterson (Brown, J.) 96-178
Judgment -- Summary judgment; material question of fact remained to be resolved; reversed and remanded. [ASCII, WP5.1]

South v. Smith (Per Curiam) 96-504
Appeal & error -- Payment to estate voluntary; supersedeas bond not required. [ASCII, WP5.1]

Waddle v. State (Per Curiam) CR97-71
Appeal & error -- Motion for belated appeal; good cause for granting. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Ayers v. State, 96-464 (Per Curiam), affirmed February 3, 1997.

Davis v. State, CR 96-467 (Per Curiam), affirmed February 3, 1997.

Johnson v. State, CR 96-1070 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied and Pro Se Motion to Amend Motion moot February 3, 1997.

King v. State, CR 96-165 (Per Curiam), Pro Se Motion for Rule on Clerk to File Belated Pro Se Petition for Rehearing denied February 3, 1997.

Sales v. State, CR 96-594 (Per Curiam), Pro Se Motion to Amend Appellant's Brief denied and appeal dismissed February 3, 1997.

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

96-504. Ray South and Wilma South v. Berl A. Smith, Special Administrator of the Estate of Nancy Walton, from Craighead Chancery, Eastern District. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

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REVIEW GRANTED: Petition for review was granted today in the following case.

97-45. Paul Calcagno v. Shelter Mutual Insurance Company et al., from Garland Circuit.

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

CR97-27. Glen Curt Reavis v. State of Arkansas, from White Circuit. Glaze, J., would grant.

CR97-47. Dan Chris Ivy v. State of Arkansas, from Washington Circuit.

96-1557. Air Systems, Inc. v. Larry R. Baysinger, from Workers' Compensation Commission.

96-1558. City of Fort Smith v. Edward Torrey, from Workers' Compensation Commission. Newbern and Glaze, JJ., would grant.

97-9. Arkansas Crane & Crawler et al. v. John Christian, from Workers' Compensation Commission.

97-28. Louis Albert Weaver, III v. Whitaker Furniture Co., Inc., from Workers' Compensation Commission.

97-31. Lynn Nelson Teague v. C & J Chemical Company and Argonaut Insurance Company, from Workers' Compensation Commission.

97-36. KMS, Inc. d/b/a Bonanza Steak House and Dale Walker d/b/a Walker Sweeping & Striping v. Patricia Trent and W. W. Trent, from Sebastian Chancery, Fort Smith District. Glaze and Corbin, JJ., would grant.

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CR95-10. Michael William Catlett v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for release of evidence for civil trial is denied. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR96-633. Johnny Mark Propst v. State of Arkansas, from Sebastian Circuit, Fort Smith District. In the Matter of Contempt of Counsel, J. F. Atkinson Jr. Appointment of Master. See per curiam this date. (3 PAGES PUBLISHED) [ASCII, WP5.1]

CR96-662. Allen Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to file substituted brief is granted.

CR96-1144. Lamont Van v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to file belated brief is granted.

CR96-1287. Lonnie Hazelwood v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to supplement the record is granted.

CR96-1287. Lonnie Hazelwood v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for extension of time to file brief is granted.

CR96-1442. Sherman Noble v. State of Arkansas, from Jefferson Circuit. Motion of Gail Anderson to withdraw as counsel of record. Moot.

CR96-1442. Sherman Noble v. State of Arkansas, from Jefferson Circuit. Motion to withdraw former motion to withdraw as named counsel is granted.

CR97-49. Dennis Dale Sublett v. State of Arkansas, from Faulkner Circuit. Motion for belated appeal. Treated as motion for rule on clerk - granted.

CR97-53. Michael Henderson v. State of Arkansas, from Pulaski Circuit, First Division. Motion for rule on clerk to lodge transcript. Treated as motion for belated appeal - granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR97-71. Timothy L. Waddle and Irene L. Waddle v. State of Arkansas, from Yell Circuit, Southern District. Motion for rule on clerk to lodge transcript. Treated as motion for belated appeal; motion granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

95-816. Jerry D. Frisby v. Agerton Logging, Inc. and Colvin Reed Agerton, from Union Circuit. Joint petition for return of exhibits is granted provided photocopies remain in record.

95-1150. Christine M. Jones v. Jerry A. Jones, from Faulkner Chancery. Appellant's motion for attorney's fees and sanctions. Motion for attorney's fees granted. See per curiam this date. (7 PAGES PUBLISHED) [ASCII, WP5.1]

95-1150. Christine M. Jones v. Jerry A. Jones, from Faulkner Chancery. Appellee's motion to dismiss appellant's motion for attorney's fees and sanctions is denied. See per curiam this date. 95-1322. Daniel J. Jewell and Bryan Rodgers v. Miller County Election Commission et al., from Miller Circuit. Appellees'/Intervenors' motion to file post-submission brief is denied.

96-256. Stucco Plus, Inc. v. Donald Rose and Second Injury Fund, from Workers' Compensation Commission. Appellee's motion to reschedule oral argument is denied.

96-650. Terry Lynn Carroll v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to release exhibits is granted provided photocopies remain in record.

96-1535. Ulyses Emanuel Didier, III v. Estate of Lillie Mae Didier, Deceased, from Pulaski Probate, Fourth Division. Appellee's motion to strike irrelevant portions of transcript. Remanded to settle record.

97-26. Michael Russell v. Gary Grimes, Sheriff, et al., from Sebastian Circuit, Fort Smith District. Petition to proceed in forma pauperis is denied. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

97-55. Bernard Walker v. Sam's Wholesale Club d/b/a Wal-Mart Stores, Inc. and James Edwards, Individually, from Pulaski Circuit, Seventh Division. Appellees' motion to dismiss appeal is granted.

97-70. Sheila Lane v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Motion for rule on clerk to lodge transcript is denied.

CR96-165. Everett King v. State of Arkansas, from Washington Circuit. Pro se motion for rule on clerk to file belated pro se petition for rehearing. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR96-594. William Sales v. State of Arkansas, from Faulkner Circuit. Pro se motion to amend appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR96-1070. Larry Johnson v. State of Arkansas, from Dallas Circuit. Pro se motion for belated appeal of order and pro se motion to amend motion. Motion for belated appeal denied; motion to amend moot. See per curiam this date. (3 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

PETITION FOR REVIEW:

97-32. American Investors Life Insurance Company v. Patricia Kathleen Hudson, from Sebastian Chancery, Fort Smith District.

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CR96-352. Andrew Akins v. State of Arkansas, from Chicot Circuit. Appellant's motion to supplement the record.

CR96-352. Andrew Akins v. State of Arkansas, from Chicot Circuit. Appellant's motion to stay appeal pending ruling on motion to supplement the record.

CR96-799. Robert Caple v. State of Arkansas, from Van Buren Circuit. Second motion for rule on clerk.

CR96-799. Robert Caple v. State of Arkansas, from Van Buren Circuit. Motion of Mel A. Jackson to withdraw and substitute counsel.

CR96-1315. Sharon Juanita Horsey v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss interlocutory appeal.

CR97-79. Wilbert Jackson v. State of Arkansas, from Little River Circuit. Motion of LaJeana Jones to be relieved and to appoint Al Schay as attorney for appellant.

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Appellant's motion to file enlarged brief.

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Appellee's motion to dismiss appeal.

96-843. Unigard Security Insurance et al. v. Murphy Oil USA, Inc., from Union Circuit. Appellee's motion to amend briefing schedule.

97-46. Rick Hampton, Individually, and Rice Growers Insurance Agency v. Hon. L. Ashley Higgins, Circuit Judge, from Woodruff Circuit. Petition for writ of prohibition and for temporary relief. 97-106. Vickie Fischer v. Mary Jo Layton, Circuit Clerk, from Marion Chancery. Pro se motion for rule on clerk.

97-107. David Davison v. Marilyn Davison (now Disbrow), from Searcy Chancery. Motion for rule on clerk to file petition for review.

SUBMISSIONS

96-201. K. W. v. State of Arkansas, from Pulaski Chancery, Eighth Division. Argued orally.

96-204. Ruth Jayne Albey Deque v. Oshman's Sporting Goods, Inc., from Pulaski Circuit, Sixth Division. Argued orally.

CR96-1200. State of Arkansas v. Lee Goston, from Pulaski Circuit, Seventh Division.

96-873. Ozark Auto Transportation v. Vernie D. Starkey, from Washington Circuit.

96-899. Jimmy W. Milam et al. v. Bank of Cabot et al., from Lonoke Circuit.

96-967. National Bank of Commerce et al. v. Dow Chemical Company et al., from Pulaski Circuit, Seventh Division.

96-999. Elaine Kelley v. National Union Fire Insurance Company of Pittsburgh, from Pulaski Circuit, Second Division.

96-1020. Alvalu Sides v. Linda Beene, from Crittenden Chancery.

96-1063. Horace D. Gentry v. Athanett O. Gentry, from Benton Chancery.