ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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57 Ark. App.
Opinions delivered June 4, 1997


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Clark v. Director (Stroud, J.) E95-193
Unemployment compensation -- Misconduct, factors constituting; substantial evidence supported Board's findings that appellant was discharged for misconduct connected with work; decision affirmed. [ASCII, WP5.1]

Garrett v. Director (Stroud, J.) E96-46
Unemployment compensation -- Finding of Board not supported by substantial evidence; appellant left his job for good cause; case reversed and dismissed. [ASCII, WP5.1]

Jones v. Abraham (Crabtree, J.) CA96-648
Wills -- Summary judgment erroneously based on heightened standard of proof required of oral contracts; requiring clear, cogent, and convincing evidence at summary judgment level constituted impermissible weighing of evidence; grant of summary judgment reversed and remanded. [ASCII, WP5.1]

Kenyon v. State (Crabtree, J.) CACR96-1288
Evidence -- Trial court selectively admitted photographs; no abuse of discretion found; evidence of blood- alcohol test correctly admitted. [ASCII, WP5.1]

Lay v. United Parcel Serv. (Roaf, J.) CA96-1349
Workers' compensation -- Commission's finding that appellant did not prove that he sustained compensable traumatic injury supported by substantial evidence. [ASCII, WP5.1]

Mearns v. Mearns (Roaf, J.) CA96-683
Divorce -- Child support; self-employed payors; basis for support; chancellor erred in assessing same level of support based upon income from business ordered sold; chancellor's deviation from support chart was abuse of discretion; support issue reversed and remanded. [ASCII, WP5.1]

Roberson v. Waste Management (Stroud, J.) CA96-1401
Workers' compensation -- Temporary total disability; orthopedic surgeon's evaluation supported Commission's denial of temporary total disability benefits and related medical treatment; decision affirmed. [ASCII, WP5.1]

SUPPLEMENTAL OPINION ON REHEARING

Milligan v. West Tree Serv. (Bird, J.) CA96-789
Workers' compensation -- Rehearing granted in part on appellate court's directive to Commission regarding consideration of penalty; Commission's authorization of change of physicians supported by substantial evidence; rehearing denied in part. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Alale v. Alale, CA 96-1364 (Robbins, C.J.), reversed and remanded June 4, 1997.

Allen v. Arkansas, CA CR 96-1215 (Stroud, J.), affirmed June 4, 1997.

Bull's Office Sys. v. Bull, CA 96-1199 (Pittman, J.), reversed and remanded June 4, 1997.

Calloway v. Meyer's Bakeries, Inc., CA 96-1092 (Rogers, J.), affirmed June 4, 1997.

Childers v. Arkansas Valley Technical Inst., CA 96-599 (Bird, J.), affirmed June 4, 1997.

Chipolla v. State, CA CR 96-1102 (Pittman, J.), affirmed June 4, 1997.

Clark v. Columbia Sewing Co., CA 96-1345 (Robbins, C.J.), affirmed June 4, 1997.

Deere v. State, CA CR 96-1188 (Pittman, J.), affirmed June 4, 1997. Hency v. Murphy, CA 96-1162 (Neal, J.), affirmed June 4, 1997.

Hill v. Hill, CA 96-1260 (Meads, J.), affirmed June 4, 1997.

Lambert v. State, CA CR 96-1357 (Arey, J.), affirmed June 4, 1997.

Lewis v. United Servs. Auto. Ass'n, CA 96-383 (Arey, J.). affirmed June 4, 1997.

Lewis v. Lewis, CA 96-329 (Bird, J.), affirmed on direct appeal and on cross-appeal June 4, 1997.

M.L. v. State, CA 96-869 (Bird, J.), affirmed June 4, 1997.

Martin v. State, CA CR 96-1335 (Meads, J.), affirmed June 4, 1997.

Mulvania v. Mires, CA 96-1109 (Jennings, J.), affirmed June 4, 1997.

Redding v. Ouachita County Hosp., CA 96-1331 (Pittman, J.), affirmed June 4, 1997.

Sprinkle v. Shelton, CA 96-1100 (Arey, J.), affirmed June 4, 1997.

Threadgill v. State, CA 96-1398 (Rogers, J.), affirmed June 4, 1997.

Williams v. State, CA CR 96-906 (Bird, J.), affirmed, subject to acceptance of modification June 4, 1997.

CASES AFFIRMED WITHOUT OPINION

Blankenship v. Director of Labor, E 96-2, June 4, 1997.

Bowles v. Director of Labor, E 96-294, June 4, 1997.

Chandler v. Director of Labor, E 96-297, June 4, 1997.

Dunnavant v. Director of Labor, E 96-109, June 4, 1997.

Jackson v. Director of Labor, E 96-295, June 4, 1997.

Justice v. Director of Labor, E 97-1, June 4, 1997.

Plummer v. Director of Labor, E 96-299, June 4, 1997.

Randall v. Director of Labor, E 96-48, June 4, 1997.

Reedy v. Director of Labor, E 96-64, June 4, 1997.

Russell v. Director of Labor, E 96-289, June 4, 1997.

Sanders v. Director of Labor, E 96-300, June 4, 1997.

Shumate v. Director of Labor, E 96-263, June 4, 1997.

Taylor v. Director of Labor, E 96-52, June 4, 1997.

PER CURIAM ORDERS

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

CACR96-885. Rocky Walter Arnold v. State of Arkansas, from Sharp Circuit.

CA96-500. Lewis Thomas v. Office of Child Support Enforcement, from Bradley Chancery.

CA96-642. Michelle Young Smith v. Rodney Smith, from Randolph Chancery.

CA96-1002. Southwestern Energy Company et al. v. Arkansas Power and Light Company, from Carroll Circuit, Eastern District.

CA96-1010. Theresa Wallace v. Southwestern Sales, from Workers' Compensation Commission.

E95-103. Larry D. Gray v. Director et al., from Board of Review.

* * * * * * * * * * * * * * * * * * *

CACR96-592. Cathy M. Martin v. State of Arkansas, from Newton Circuit. Appellant's petition for writ of certiorari to complete the record and motion for brief time. Denied. Remanded to trial court to settle record within thirty days. Appellant's brief due August 4, 1997.

CACR97-71. Timothy L. Waddle and Irene L. Waddle v. State of Arkansas, from Yell Circuit. Appellants' motion to file a belated brief. Granted.

CACR97-536. William Dale Hice v. State of Arkansas, from Madison Circuit. Motion of Charles E. Davis to be relieved as counsel for appellant and to appoint Bradley S. Lewis as counsel. Granted.

CA96-789. Steven Ray Milligan v. West Tree Service et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees. Granted.

CA96-868. Charlotte Nancy Benn v. Richard K. Benn, from Sebastian Chancery, Fort Smith District. Appellant's motion for costs. Granted. Clerk to reassess costs and issue amended mandate.

CA96-1297. Donald Davis v. Oak Forest Cleaners, from Workers' Compensation Commission. Appellee's motion to file a belated brief. Granted. Appellee's brief to be filed by June 11, 1997.

CA96-1321. Office of Child Support Enforcement v. Jerry Gordon Offutt, from Lonoke Chancery. Appellee's motion to remand and for brief time. Denied. Appellee's brief to be filed in fifteen days.

CA96-1364. Charles A. Alale v. Clare M. Alale, from Hempstead Chancery. Appellee's motion for attorney's fees and costs. Denied.

CA96-1430. Charles David Reynolds v. Osage Products, Inc. et al., from Workers' Compensation Commission. Appellees' motion to file a belated brief. Granted.

CA97-223. Harold D. Qualls v. Daniel Ferritor, Chancellor et al., from Washington Circuit. Appellees' motion to certify to the Supreme Court. Granted.

CA97-260. Rheeta Stecker, M.D. v. First Commercial Trust Company, from Garland Circuit. Appellant's motion to certify to the Supreme Court. Granted.

CA97-296. Mary Carrol West v. William Onopa, from Pulaski Chancery, Fifth Division. Appellant's pro se motion to supplement the record. Denied.

CA97-400. Jarrell E. Southall et ux. v. Little Rock Newspapers, Inc. et al., from Pulaski Circuit, Third Division. Appellants' motion to supplement the record. Granted.

The following case is called for dismissal for failure to file briefs.

CA97-233. Wilma Robinson v. Rockline Industries, from Workers' Compensation Commission. Dismissed.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA96-236. Paul Herbert Wedin v. Irene Anne Wedin, from Baxter Chancery.

CA96-911. Charles Fisher v. Poole Truck Line, from Workers' Compensation Commission.

* * * * * * * * * * * * * * * * * * CACR96-895. Ronnie Smith v. State of Arkansas, from Lafayette Circuit. Appellant's pro se motion for transcript and brief.

CACR97-38. Stephanie Kay Wofford v. State of Arkansas, from Sebastian Circuit. Appellee's motion to certify to the Supreme Court.

CA97-307. J.A. Wampler et al. v. Carolyn Wampler Richardson et al., from Woodruff Chancery. Motion of Steven W. Quattlebaum to be substituted as counsel for appellees.

CA97-342. Vara Seaton v. Eddie Seaton et al., from Lonoke Chancery. Joint motion to supplement the record.

CA97-380. Michael Scott Campbell v. Bonnie Joann Campbell, from Sebastian Chancery, Fort Smith District. Appellee's motion to dismiss appeal.

E97-107. Jeff Hamilton v. Director et al., from Board of Review. Motion for rule on clerk to lodge Petition for Review.

SUBMISSIONS

CA96-1254. Charles T. Meyer v. Riverdale Harbour Municipal Property Owners, from Pulaski Chancery, Sixth Division. Argued orally.

CA96-1338. Bill Golden v. Westark Community College et al., from Workers' Compensation Commission. Argued orally.

CACR96-1073. Billy Goss v. State of Arkansas, from Pope Circuit.

CACR96-1163. Michael Wayne Cox v. State of Arkansas, from Crawford Circuit.

CACR96-1226. Anthony James Torre, Jr. v. State of Arkansas, from Faulkner Circuit.

CACR96-1241. Charles D. Rea v. State of Arkansas, from Chicot Circuit.

CACR96-1253. Sheffield Gardner v. State of Arkansas, from Cross Circuit.

CACR96-1348. Tony Lea v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR96-1371. Brian Gene Love v. State of Arkansas, from Grant Circuit.

CACR96-1413. Charles Ed Hill v. State of Arkansas, from Saline Circuit.

CACR96-1429. Dearl Weatherly v. State of Arkansas, from White Circuit.

CACR96-1454. Stacy F. Matlock v. State of Arkansas, from Dallas Circuit, First Division.

CA96-1035. Springdale Memorial Hospital v. Kathye Gibson, from Workers' Compensation Commission.

CA96-1121. Rochelle Ward v. State of Arkansas, from Sebastian Chancery, Juvenile Division.

CA96-1139. Phillip Deray Verretti v. State of Arkansas, from Sebastian Chancery, Juvenile Division.

CA96-1157. Carson Financial Group, Inc. v. Potty Pals, Inc., from Pulaski Chancery, First Division.

CA96-1161. Randy Wirth et al. v. Reynolds Metals Company, from Sebastian Circuit, Greenwood District.

CA96-1209. Taco Bell v. Kathryn B. Lawton, from Workers' Compensation Commission.

CA96-1246. Roy James v. Lee Douglas, Commissioner of Insurance Department, from Pulaski Circuit, Third Division.

CA96-1250. Angie Sue Brown v. Prince Gardner, Inc., from Workers' Compensation Commission.

CA96-1262. Poulan/Weed Eater v. Jay Davis, from Workers' Compensation Commission.

CA96-1291. Helen Louise Jordan Kaplan v. Charles T. Rodgers et al., from Cleveland Chancery.

CA96-1332. Alvin Lee Shepherd v. Thomas J. Stockton et al., from Washington Circuit.

CA96-1387. Bucky Tillman v. Baldwin & Shell Construction, from Workers' Compensation Commission.

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

E97-2. Burley O. King v. Director et al.

E97-3. Donnie R. Justice v. Director et al.

E97-5. Gary D. Green v. Director et al.

E97-6. Thomas Johnson v. Director et al.

E97-8. Chad Hobbs v. Director et al.

E97-9. Bertha L. Jones v. Director et al.

E97-10. Masco Johnson, III v. Director et al.

E97-21. Eddie D. Greer v. Director et al.

E97-25. Shirley J. Skipton v. Director et al.

E97-26. Crain Automotive, Inc. v. Director et al.

E97-27. Ron Oster v. Director et al.

E97-30. Chastity K. Doublin v. Director et al.