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

Opinions delivered
February 11, 1998


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Anderson v. Anderson (Robbins, C.J.) CA97-498
Divorce -- Child support; chancery court did not err in amounts awarded for child and spousal support; chancellor's allocation of parties' credit card debt not clearly erroneous. [ASCII, WP5.1]

Fulkerson v. Van Buren (Jennings, J.) CA97-176
Adverse possession -- Church congregation did not possess land with requisite intent for seven years; no adverse possession found; case reversed and remanded. [ASCII, WP5.1]

GTE Arkansas, Inc. v. Arkansas Pub. Serv. Comm'n (Meads, J.) CA96-157
Public Service Commission -- Reversal of order would not afford appellants any relief; issue moot; appeal dismissed. [ASCII, WP5.1]

Harness v. Arkansas Pub. Serv. Comm'n (Neal, J.) CA96-1218
Public Service Commission -- Commission's construction of Rule 3.03 (b)(2) inconsistent with Rule 3.03(a) and intent of notice requirement; substantial evidence supported finding that proposed transmission-line route was reasonable; granting of certificate affirmed. [ASCII, WP5.1]

McGill v. State (Arey, J.) CA97-186
Juveniles -- Delinquency adjudication based upon first-degree criminal mischief not supported by substantial evidence; finding of delinquency supported by substantial evidence; basis of trial court's delinquency determination modified to second-degree criminal mischief. [ASCII, WP5.1]

Second Injury Fund v. Furman (Robbins, C.J.) CA97-906
Workers' compensation -- Second Injury Fund; Commission found that two injuries combined to produce appellee's disability; finding supported by substantial evidence. [ASCII, WP5.1]

Sullivan v. Paris Retirement Inn (Neal, J.) CA97-703
Workers' compensation -- Appellant failed to produce evidence that compensable injury was major cause of her disability; Commission's decision supported by substantial evidence. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas Oklahoma Gas Corp. v. Arkansas Pub. Serv. Comm'n, CA 97- 1440 (Per Curiam), Appellant's Motion to Consolidate CA97-1079 with this Appeal and for Permission to Rely on Prior Abstracts, denied in part; granted in part February 11, 1998.

C & B Constr. v. Paulette, CA 97-839 (Arey, J.), reversed and remanded February 11, 1998.

Carvin v. Bell, CA 97-526 (Meads, J.), affirmed February 11, 1998. Collins v. State, CA CR 97-407 (Robbins, C.J.), affirmed February 11, 1998.

Dean v. State, CA CR 97-412 (Bird, J.), affirmed February 11, 1998. Federal Express v. Walton, CA 97-820 (Crabtree, J.), affirmed February 11, 1998.

Garrett v. Wal-Mart Stores, Inc., CA 97-733 (Arey, J.), reversed and remanded February 11, 1998.

Henson v. Sales Constr. Co., CA 97-770 (Arey, J.), affirmed February 11, 1998.

House v. State, CA CR 97-680 (Neal, J.), affirmed February 11, 1998.

Jarman v. Wolfe, CA 97-188 (Roaf, J.), affirmed February 11, 1998.

Mays v. State, CA CR 97-783 (Griffen, J.), affirmed February 11, 1998.

Nickelson v. State Farm Fire & Cas. Co., CA 97-613 (Pittman, J.), affirmed February 11, 1998.

Pelt v. Equity Fire and Casualty Co., CA 97-762 (Stroud, J.), affirmed February 11, 1998.

Rheem Mfg. Co. v. Gipson, CA 97-892 (Rogers, J.), affirmed February 11, 1998.

Sands Apts., Inc. v. Bank of McCrory, CA 97-740 (Meads, J.), affirmed February 11, 1998.

Tate v. State, CA CR 97-442 (Rogers, J.), affirmed February 11, 1998.

The Clifford Family Ltd. Liab. Co. v. Cox, CA 97-516 (Neal, J.), affirmed February 11, 1998.

Vance v. State, CA CR 97-863 (Crabtree, J.), affirmed February 11, 1998.

Welch v. State, CA CR 97-622 (Jennings, J.), affirmed February 11, 1998.

Wells v. State, CA CR 97-894 (Roaf, J.), affirmed February 11, 1998.

West v. State, CA CR 97-670 (Stroud, J.), affirmed February 11, 1998.

CASES AFFIRMED WITHOUT OPINION

Cullinan v. Director of Labor, E 97-158, February 11, 1998.

Graves v. Director of Labor, E 97-155, February 11, 1998.

Green v. Director of Labor, E 97-156, February 11, 1998.

Lapp v. Director of Labor, E 97-162, February 11, 1998.

Murphy v. Director of Labor, E 97-164, February 11, 1998.

Shelley v. Director of Labor, E 97-159, February 11, 1998.

Shirk v. Director of Labor, E 97-154, February 11, 1998.

Simpson v. Director of Labor, E 97-157, February 11, 1998.

Waite v. Director of Labor, E 97-149, February 11, 1998.

Werner v. Director of Labor, E 97-153, February 11, 1998.

Williams, Robert v. Director of Labor, E 97-163, February 11, 1998.

Wooten v. Director of Labor, E 97-161, February 11, 1998.

PER CURIAM ORDERS

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

CA97-555. In the Matter of the Adoption of Sandra Lavon Gillilan, from Sebastian Probate, Fort Smith District.

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CACR97-592. Bilgay Lobaina v. State of Arkansas, from Crawford Circuit. Motion of Robert C. Marquette for attorney's fees. Granted. Allowed $850.00.

CACR97-1279. Larry Nixon v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement the record and to stay brief time. Remanded to trial court to settle the record within thirty days. Appellant's brief due in sixty days.

CACR97-1407. Larry Morris, Jr. v. State of Arkansas, from Howard Circuit. Motion of David Heasley to withdraw as counsel for appellant and for substitution of counsel and to stay brief time. Granted. Brief due April 6, 1998.

CA97-740. Sands Apartments, Inc. v. Bank of McCrory et al., from Woodruff Circuit. Appellees' motion for costs. Granted.

CA97-757. Gaylord Container et al. v. M.L. Turner, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs. Granted.

CA97-1288. Harold Campbell v. Mid-South Manufacturing, Inc., from Workers' Compensation Commission. Appellee's motion to file a belated brief. Granted. Pittman, Neal and Griffen, JJ., not participating.

CA97-1354. Peter Rellos d/b/a Cooper House Apartments v. Summer L. Emley, from Garland Circuit. Appellant's motion to file a belated brief. Granted. Appellant's brief due February 18, 1998.

CA97-1372. Clara Sue Bates Chambers v. Hughes Insurance Agency, Inc., from Workers' Compensation Commission. Appellee's motion to supplement the record and for brief time. Remanded to commission to settle the record within thirty days. Appellee's brief due in sixty days.

CA97-1440. Arkansas Oklahoma Gas Corporation v. Arkansas Public Service Commission, from Public Service Commission. Appellant's motion to consolidate CA97-1079 with this appeal and for permission to rely on prior abstracts. Denied in Part; Granted in Part. See per curiam issued this date. (2 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

CACR97-614. Steven Edmondson v. State of Arkansas, from Boone Circuit. Motion of Christopher Carter for attorney's fees.

CACR97-685. Ivory McKenzie v. State of Arkansas, from Lincoln Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR97-816. Corma Jean Williams v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR97-1174. Frank King Jr. v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion to file a second pro se brief.

CACR97-1444. Dirk Johnson v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion for belated appeal.

CA97-541. Langston Bag Company v. Archie Barnes, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA97-1110. James L. Ducharme v. J. Sky Tapp, from Garland Circuit. Appellee's motion for brief time.

CA97-1137. Ben M. Lincoln, M.D., P.A. v. John Vandesteeg and Brenda Vandesteeg, from Prairie Circuit, Southern District. Motion of appellant to deny request for oral argument.

CA97-1285. Wal-Mart Stores, Inc. v. Brenda Van Wagner, from Workers' Compensation Commission. Appellant's motion to reinstate appeal.

CA97-1357. Bernice M. Hatfield v. First Baptist Church of Fort Smith, from Workers' Compensation Commission. Appellant's motion for stay.

CA97-1377. Gloria Macon, Administratrix of the Estate of Louis D. Macon, Deceased, et al. v. David M. Stambuck Jr. et al., from Faulkner Circuit. Motion of David M. Stambuck Jr. to be excused from filing of brief and to restyle appeal.

SUBMISSIONS

CA97-309. Kendra Dotson Jones v. Little Rock Family Planning Services, P.A. et al., from Pulaski Circuit, Sixth Division. Argued orally.

CACR97-554. Robert Huff v. State of Arkansas, from Saline Circuit.

CACR97-601. Dana Daniel Thetford v. State of Arkansas, from Craighead Circuit, Western District.

CACR97-614. Steven M. Edmondson v. State of Arkansas, from Boone Circuit.

CACR97-786. William Eugene Langley v. State of Arkansas, from Crawford Circuit.

CACR97-921. Mike Dane Oglesby v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA97-768. Michael Clark v. Sharon Clark, from Independence Chancery.

CA97-782. Kathy Case v. Unifirst Corporation, from Workers' Compensation Commission.

CA97-809. Renita Renee Weaver v. Mad Butcher, Inc., from Workers' Compensation Commission.

CA97-812. Sharon Landers v. Jeff Qualls, from Sharp Chancery.

CA97-815. Rockline Industries v. Cindy Main, from Workers' Compensation Commission.

CA97-822. Randy Eugene Kuykendall v. Kylan Summer Kuykendall, from Pike Chancery.

CA97-836. Georgia-Pacific Corporation v. Johnny F. Carter, from Workers' Compensation Commission.

CA97-867. Sandra C. Hambrick (Formerly Eddins) et al. v. Farmers and Merchants Bank of Stuttgart, from Arkansas Chancery, Northern District.

CA97-877. Wanda Lancaster v. Arkansas Real Estate Commission, from Pulaski Circuit, Fifth Division.

CA97-910. Charles D. Smith v. Riceland Foods, Inc., from Workers' Compensation Commission.

CA97-956. Allen Canning Company v. Ivan Lewis, from Workers' Compensation Commission.

CA97-985. B.C. v. State of Arkansas, from Pulaski Chancery, Seventh Division.

CA97-997. Petit Jean Poultry v. Joanne D. Taylor, from Workers' Compensation Commission.

CA97-1000. Colson Caster Corporation v. Mary Williams, from Workers' Compensation Commission.

CA97-1011. Brenda Hardin v. Granville "Bud" Hardin, from Saline Chancery.

CA97-1075. Oak Grove Lumber Company v. Harry Highfill, from Workers' Compensation Commission.

CA97-1082. Jimmy O. Hepp v. Debbie Lee Hepp (Byrum), from Pope Chancery.

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

E97-174. Charles Alvarez v. Director et al.

E97-175. Carolyn Smothers v. Director et al.

E97-178. Mark A. Curtis v. Director et al.

E97-179. Walter V. Porter Sr. v. Director et al.

E97-180. Helen C. Taylor v. Director et al.

E97-181. Cynthia O'Neal v. Director et al.

E97-182. Pamela S. Eubanks v. Director et al.

E97-183. Rosalee Bowren v. Director et al.

E97-185. Constance Watson v. Director et al.

E97-186. Virco Manufacturing Corporation v. Director et al.

E97-187. Donna G. Hill v. Director et al.

E97-188. Shelia L. Ables v. Director et al.