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

Opinions delivered
October 1, 1997


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Green v. State (Pittman, J.) CACR96-1166
Evidence -- Conduct about which appellant was cross-examined did not directly indicate impairment of truthfulness; trial court erred in allowing appellant to be cross- examined regarding robbery for which there was no conviction; appellant's conviction reversed. [ASCII, WP5.1]

Leonard v. Stidham (Pittman, J.) CA96-1479
Parent & child -- Modification of visitation rights; appellate court not bound by terminology of order; reversed and remanded. [ASCII, WP5.1]

Prince v. R & T Motors, Inc. (Roaf, J.) CA97-76
Judgment -- Appellant failed to meet burden of proof; summary judgment upheld. [ASCII, WP5.1]

Rodriguez v. Director (Rogers, J.) E95-40
Unemployment compensation -- Substantial evidence existed to support Board's finding that appellant failed to prove that ten or more people worked twenty or more weeks; point affirmed. [ASCII, WP5.1]

White v. Frolic Footwear (Rogers, J.) CA96-1533
Workers' compensation -- Commission's decision supported by substantial evidence; decision affirmed. ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Ashley v. Stancil, CA 97-171 (Robbins, C.J.), affirmed October 1, 1997.

Austin v. State, CA CR 97-369 (Meads, J.), affirmed October 1, 1997.

Chappell v. State, CA CR 96-1488 (Rogers, J.), affirmed October 1, 1997.

Constellation Dev. Corp. v. Hopkins and James, P.A., CA 96-1238 (Jennings, J.), affirmed October 1, 1997.

Fankhouser v. Hixon, CA 96-1319 (Stroud, J.), affirmed October 1, 1997.

Ford v. Jose' Freemonde, CA 96-1330 (Rogers, J.), dismissed October 1, 1997.

Gillum v. State, CA CR 97-185 (Crabtree, J.), affirmed October 1, 1997.

Jagels v. Vail, CA 96-1536 (Crabtree, J.), affirmed October 1, 1997.

Jenkins v. State, CA CR 96-1481 (Per Curiam), remanded for rebriefing October 1, 1997.

Marshall v. State, CA CR 97-165 (Neal, J.), affirmed October 1, 1997.

McCallister v. State, CA CR 97-329 (Pittman, J.), affirmed October 1, 1997.

McClish v. State, CA CR 96-1377 (Robbins, C.J.), affirmed October 1, 1997.

Mitchell v. Wilson, CA 96-1450 (Neal, J.), affirmed October 1, 1997.

Nutt v. State, CA CR 97-226 (Roaf, J.), affirmed October 1, 1997.

Stephens v. State, CA CR 96-439 (Griffen, J.), affirmed October 1, 1997.

Tyler v. State, CA CR 96-230 (Arey, J.), affirmed October 1, 1997.

Vann v. State, CA CR 97-150 (Stroud, J.), rebriefing ordered; motion of counsel to withdraw denied October 1, 1997.

Via v. Office of Child Support Enforcement, CA 96-1537 (Meads, J.), affirmed October 1, 1997.

CASES AFFIRMED WITHOUT OPINION

Anderson v. Director of Labor, E 96-184, October 1, 1997.
Baham v. Director of Labor, E 96-188, October 1, 1997.
Barrett v. Director of Labor, E 96-198, October 1, 1997.
Burkman v. Director of Labor, E 96-199, October 1, 1997.
Carter v. Director of Labor, E 96-190, October 1, 1997.
Cogburn v. Director of Labor, E 96-182, October 1, 1997.
Harris v. Director of Labor, E 96-196, October 1, 1997.
Lasell v. Director of Labor, E 96-201, October 1, 1997.
Lovelady v. Director of Labor, E 96-204, October 1, 1997.
Mendoza v. Director of Labor, E 96-200, October 1, 1997.
Strebeck v. Director of Labor, E 96-205, October 1, 1997.
Strickland v. Director of Labor, E 96-202, October 1, 1997.

PER CURIAM ORDERS

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

CA96-1445. Robert D. Nearns v. Quincy Soybean Company, from Workers' Compensation Commission. Rogers and Griffen, JJ., would grant.

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CACR96-439. Joseph Lee Stephens v. State of Arkansas, from Jefferson Circuit. Motion of Othello C. Cross for attorney's fees. Granted. Allowed $300.00.

CACR96-799. Robert Caple v. State of Arkansas, from Van Buren Circuit. Appellant's motion for brief time. Granted. Final extension. Current counsel is directed to file brief in thirty days. Rogers, Griffen, Crabtree and Meads, JJ., would deny.

CACR96-1015. Deloris Jackson v. State of Arkansas, from Garland Circuit. Motion of J. Sky Tapp for attorney's fees. Granted. Allowed $750.00.

CACR96-1520. Sullivan A. Motley v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR97-1005. Daniel Baugh v. State of Arkansas, from Sevier Circuit. Motion of Craig Lambert to be relieved as counsel for appellant and for appointment of substitute counsel. Granted.

CA96-1463. Judith Elaine Williams v. Shane Lee Williams, from Sebastian Chancery, Fort Smith District. Appellee's motion to dismiss appeal. Denied.

CA97-429. Albert Curtis Hutchins v. Karen Ruth Hutchins, from Ouachita Chancery. Appellee's pro se motion to dismiss appeal and appellant's motion for brief time. Motions certified to Supreme Court. Appellee's motion for appointment of counsel. Denied.

CA97-720. Russ Stockton et ux. v. Sentry Insurance, from Pulaski Circuit. Appellants' motion to certify to the Supreme Court. Granted. Transferred to Supreme Court.

CA97-730. Transitional Health Partners d/b/a Transitional Health Services et al. v. Holman Management Services, Inc., from Pulaski Circuit, Sixth Division. Appellee's motion to strike portions of the record on appeal and appellants' brief. Passed until case submitted. Pittman, Neal and Griffen, JJ., not participating.

CA97-809. Renita Renee Weaver v. Mad Butcher, from Workers' Compensation Commission. Appellant's motion to file a belated brief. Granted.

CA97-819. Arkansas Forestry Commission v. Bobby Nelson, from Workers' Compensation Commission. Appellant's motion to correct brief. Granted.

CA97-960. Velma Magoon, Trustee of the Velma Magoon Trust v. Wildhorse Construction, Inc., from Garland Chancery. Appellant's pro se motion to remand and for stay of appeal. Denied.

CA97-1030. Fred DuVall v. Mike Bridges et al., from Van Buren Circuit. Motion of separate appellee, Stephen James, Deputy Prosecuting Attorney, to dismiss appeal. Granted.

CA97-1067. Stax (Circle K) et al. v. William Watkins, from Workers' Compensation Commission. Motion for rule on clerk to lodge transcript. Denied.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA97-37. Harold Ives Trucking Company v. Clifford Ray Freeman, from Workers' Compensation Commission.

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CACR97-799. Darius Kelly Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Bruce D. Eddy to be relieved as counsel for appellant and for appointment of new counsel.

CACR97-885. James Larry Poe v. State of Arkansas, from Washington Circuit. Appellant's motion for bail pending appeal.

CA97-5. Rebekah Priest v. United Parcel Service, from Workers' Compensation Commission. Appellant's motion for attorney's fees and costs.

CA97-246. Jerold Lee Weaver v. City of Eureka Springs, from Carroll Circuit, Western District. Appellee's motion to file a belated supplemental record.

CA97-359. Karen (Benson) Turner v. Paul Benson, from Pulaski Chancery, Fourth Division. Appellee's motion for attorney's fees and costs.

CA97-595. William J. Velek et ux. v. Richard L. McMillen et ux., from Faulkner Chancery. Appellants' motion to set supersedeas bond and grant stay of trial court order.

CA97-618. Service Chevrolet et al. v. Douglas Atwood, from Workers' Compensation Commission. Appellee's motion to supplement the record.

CA97-768. Michael Clark v. Sharon Clark, from Independence Chancery. Appellant's pro se motion to supplement the record.

CA97-950. Central Arkansas Telephone Cooperative, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellants' motion to shorten briefing schedule and for expedited oral argument.

SUBMISSIONS

CACR96-1455. Joe Newton v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR97-6. Marcus Eugene Releford v. State of Arkansas, from Sebastian Circuit.

CACR97-50. Gary Ray Davis v. State of Arkansas, from Benton Circuit.

CACR97-93. Mildred Johnson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR97-146. Paul Weaver v. State of Arkansas, from Lincoln Circuit.

CACR97-164. Raymond Warren v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR97-229. Michael Dawson v. State of Arkansas, from Crittenden Circuit.

CACR97-236. Kathy Stewart v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR97-314. William Andrew Hyde v. State of Arkansas, from Sebastian Circuit.

CA96-1176. Robert Blaylock et al. v. Shearson-Lehman Brothers, Inc., from Sebastian Circuit, Fort Smith District.

CA96-1187. Renee Mathews v. Rodney Oglesby, from Pulaski Chancery, Seventh Division.

CA96-1213. Arleta Sheffield v. Ricky P. Teague et al., from Crawford Chancery.

CA96-1358. Troy Davis v. Estate of Mattie Davis Wooldridge, Deceased, from Drew Probate.

CA96-1361. David George v. RFI Stuttgart Soya Processing, from Workers' Compensation Commission.

CA96-1397. Elizabeth Henderson v. Country Mart, from Workers' Compensation Commission.

CA97-35. David Hooker v. Brothers Implement Company, Inc., from St. Francis Circuit.

CA97-83. Jill Looney Green v. Diann Looney McAuley, from Crittenden Probate.

CA97-114. Edsel Terrell et al. v. Ronnie Samuel et al., from Poinsett Chancery.

CA97-217. Richard Branscum v. RNR Construction Company, from Workers' Compensation Commission.

CA97-231. Amy Jo Kolander v. Edward Keith Kolander, from Washington Chancery.

CA97-248. Silvey Companies v. Richard Holloway, from Workers' Compensation Commission.

CA97-257. Anthony Patterson v. Engineered Specialty Plastics, from Workers' Compensation Commission.

CA97-347. Carolyn Tripp v. Mazzio's Pizza, from Workers' Compensation Commission.

CA97-359. Karen (Benson) Turner v. Paul Benson, from Pulaski Chancery, Fourth Division.

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

E96-229. Pittman Nursery Corporation v. Director et al.

E96-230. Billy J. Fair v. Director et al.

E96-231. Sandra D. Montgomery v. Director et al.

E96-232. Ennis Nelson v. Director et al.

E96-233. Donna J. Dye v. Director et al.

E96-234. Denieca Wewer v. Director et al.

E96-235. Mary Tankersley v. Director et al.

E96-236. Tina Dandridge v. Director et al.

E96-237. John Deal v. Director et al.

E96-238. Sheryll A. Fox v. Director et al.

E96-240. Rufus Watson v. Director et al.

E96-241. Michael L. Anderson v. Director et al.