ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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331 Ark.

Opinions delivered
February 19, 1998


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Green v. Williford (Per Curiam) CA97-1312
Appeal & error -- Motion to dismiss not timely made; motion denied. [ASCII, WP5.1]

Jacoby v. Arkansas Dep't of Ed. (Brown, J.) 97-310
Constitutional law -- Sovereign immunity; weight of authority favored appellant employees; FLSA enforced in state courts through Supremacy Clause. [ASCII, WP5.1]

McQuay v. Guntharp (Corbin, J.) 96-1523
Torts -- Outrage; complaint demonstrated sufficient facts to support claim for; trial court erred in characterizing action as battery; trial court erred in dismissing complaint; three-year outrage limitation applied; reversed and remanded. [ASCII, WP5.1]

Muldrew v. State (Brown, J.) CR97-561
Trial -- Closing argument; prosecutor's remark did not appeal to juror's passions; trial court admonished jury. [ASCII, WP5.1]

National Standard Ins. Co. v. Westbrooks (Arnold, C.J.) 97-333
Insurance -- Damages and attorney's fees on loss claims; appellee failed to amend complaint to reflect true amount due him; order assessing penalty and attorneys' fees reversed and remanded. [ASCII, WP5.1]

Shepherd v. Washington County (Corbin, J.) 97-530
Constitutional law -- Civil-rights claim; deprivation by third party of private citizen's due process rights; state actors may be held liable; appellees acted with conscious indifference to probable consequences of their actions in handling inmate; trial court's dismissal of civil-rights claim reversed and case remanded. [ASCII, WP5.1]

Smith v. State (Per Curiam) CR97-1190
Appeal & error -- Motion to file belated brief; good cause for granting. [ASCII, WP5.1]

Stecker v. First Comm'l Trust Co. (Newbern, J.) 97-260
Negligence -- Proximate cause; issue of fact for jury to decide; denial of directed-verdict motion not error. [ASCII, WP5.1]

Whitworth v. Whitworth (Glaze, J.) 97-575
Divorce -- Ability to pay issue never reached below; matter remanded for finding on issue. [ASCII, WP5.1]

Young v. Smith (Thornton, J.) 97-547
Jurisdiction -- Underlying cause of action decree of divorce; chancery court properly had jurisdiction; appeal dismissed without prejudice to petitioner's right to seek to modify issue of visitation through direct action in chancery court. [ASCII, WP5.1]

APPENDIX

In Re: Proposed Changes to the Arkansas Rules of Professional Conduct (Per Curiam) [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Cleveland v. State, CR 96-186 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense, denied February 19, 1998.

Grabow v. State, CR97-1290 (Per Curiam), Pro Se Motion for Appointment of Counsel, denied and appeal dismissed February 19, 1998.

Jones v. State, CR 97-1167 (Per Curiam), Pro Se Motion for Extension of Time to File Brief, February 19, 1998.

Moss v. Norris, CR 97-1176 (Per Curiam), Pro Se Motion for Belated Appeal of Order, denied February 19, 1998.

Phillips v. State, CR 97-940 (Per Curiam), Pro Se Motion to File Amended Abstract, granted February 19, 1998.

Tempel v. State, CR 96-1400 (Per Curiam), affirmed February 19, 1998.

Young v. State, CR 96-1462 (Per Curiam), Petition for rehearing denied February 19, 1998.

PER CURIAM ORDERS

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

CR96-1462. John Floyd Young v. State of Arkansas, from Lincoln Circuit. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-716. George Landreth v. State of Arkansas, from Calhoun Circuit.

CR97-117. Riley Dobi Noel v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR97-268. Laura Sherwood v. Honorable Don E. Glover, Circuit Judge, from Ashley Circuit.

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In Re: Proposed Changes to the Arkansas Rules of Professional Conduct. See per curiam this date. (7 PAGES PUBLISHED) [ASCII, WP5.1]

CA97-1312. Lonnie Green v. Dwala Williford, from Pulaski Chancery, Tenth Division. Appellee's motion to dismiss appeal is denied. See per curiam this date. (3 PAGES PUBLISHED) [ASCII, WP5.1]

CA97-1312. Lonnie Green v. Dwala Williford, from Pulaski Chancery, Tenth Division. Motion of Arkansas Court Reporters Association requesting permission to file an amicus curiae brief in support of appellee's motion to dismiss appeal is granted.

CR97-1190. Benfordene Butler Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file belated brief is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR97-1236. Robert Lovel Brown v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for clarification and extension of time is denied. Allowed thirty days to correct.

97-1358. In the Matter of the Adoption of S. S., from Pulaski Probate, Fourth Division. Motion for anonymity and to seal record is denied.

95-1510. Joe Hoyle et al. v. Dianna Faucher et al., from Crawford Chancery. Motion of Richard M. Mayes, Lelan S. Matlock, Frances J. Matlock, Joseph M. Hart, Cheryl L. Hart and Larry Timmons to file amicus curiae brief is granted.

98-78. Doris Butler et al. v. Mid-South Road Builders, Inc. and Mark Gregory Jackson, from Woodruff Circuit. Motion to advance, affirm and dismiss appeal is denied.

98-112. Fouad Rabie v. Horia Rabie, from Union Chancery. Motion for rule on clerk to lodge transcript is denied.

98-113. George L. Coleman v. State Farm Fire & Casualty Company, from Pulaski Circuit, Sixth Division. Motion for rule on clerk to lodge transcript is denied. Appellee's motion to dismiss appeal. Moot.

CR98-190. Willie E. Jackson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for expedited consideration of petition to stay circuit court proceedings is granted.

CR98-190. Willie E. Jackson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Petition to stay circuit court proceedings is denied without prejudice.

CR96-186. Bennie L. Cleveland v. State of Arkansas, from Desha Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-940. Jimmy Lee Phillips v. State of Arkansas, from Garland Circuit. Pro se motion to file amended abstract. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1167. Michael L. Jones a/k/a Mikneyah Ben Yahweh v. State of Arkansas, from Hempstead Circuit. Pro se motion for extension of time to file brief. Motion granted. (Final extension) See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1176. John Thomas Moss v. Larry Norris, Director, Arkansas Department of Correction, from Sharp Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1290. Charles D. Grabow v. State of Arkansas, from Jefferson Circuit. Pro se motion for appointment of counsel. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CR97-797. Howard Dean v. Hon. John Plegge, Judge, from Perry Circuit.

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PETITION FOR REVIEW:

CR98-76. David Andrew Thompson v. State of Arkansas, from Benton Circuit.

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CR96-553. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dissolve stay of execution.

CR97-664. State of Arkansas v. Glen Herred, from Phillips Circuit. Appellee's motion to reschedule oral argument.

CR97-1003. Thomas Morris v. State of Arkansas, from Faulkner Circuit. Appellee's motion to remand.

CR97-1088. Nancy D. Marks a/k/a Ann Gable v. State of Arkansas, from Poinsett Circuit. Appellant's motion to strike appellee's brief or, in the alternative to allow appellant to supplement the abstract.

CR97-1160. Arthur Bledsoe, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Richard F. Rhodes for substitution of counsel and to relieve Dana R. Davis as attorney for appellant.

CR97-1160. Arthur Bledsoe, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to establish briefing schedule.

CR98-23. Eric Alan Hamel v. State of Arkansas, from Benton Circuit. Motion of Tim R. Morris to be relieved as attorney of record.

CR98-23. Eric Alan Hamel v. State of Arkansas, from Benton Circuit. Motion of Craig Lambert for substitution of counsel.

CR98-119. Rocky Halter v. State of Arkansas, from Sevier Circuit. Motion and amended motion for rule on clerk to lodge transcript.

CR98-120. Larry Stephenson v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal.

CR98-127. Tommy J. Davis v. State of Arkansas, from Carroll Circuit, Eastern District. Motion for rule on clerk to lodge transcript.

96-1050. Little Rock Newspapers, Inc. v. J. Michael Fitzhugh, from Sebastian Circuit, Fort Smith District. Appellant's motion to recall mandate.

97-629. Ross Alan Hope et al. v. William W. Hope et al., from Grant Chancery. Motion to be relieved as counsel for appellees.

97-1028. Farm Bureau Policy Holders and Members, Dennis Lee, Class Representative v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. and Southern Farm Bureau Casualty Insurance Company, from Chicot Chancery. Amended Rule 4.1(b) motion to file enlarged brief.

97-1293. Arkansas Department of Finance and Administration and Merck-Medco Managed Care, Inc. v. Pharmacy Associates, Inc., from Pulaski Circuit, Fifth Division. Appellant's motion to strike.

97-1377. Gloria Macon, Administratrix et al. v. David M. Stambuck, Jr. and Conway Corporation, from Faulkner Circuit. Motion of appellee David M. Stambuck to be excused from filing a brief and to restyle appeal.

97-1471. Ratliff Enterprises, Inc. v. American Employers Insurance Company, from Jefferson Chancery. Appellee's motion to supplement brief.

97-1551. Ronald Kuligowski v. Amlease, Inc. and GAB Business Services, Inc., from Workers' Compensation Commission. Appellee's motion for remand and extension of time to file brief.

97-1572. Sharon Dixon et al. v. Arkansas Department of Human Services, from Benton Chancery. Motion of appellant Sharon Dixon for return of record.

98-139. Benjamin H. Jordan, Sr. et al. v. Carrie Thomas, from Pulaski Circuit, Third Division. Motion for rule on clerk to lodge transcript.

CACR97-1444. Dirk Johnson v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for belated appeal.

SUBMISSIONS

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Argued orally.

97-559. McLane Company, Inc. v. Richard A. Weiss, Director of Department of Finance and Administration, from Pulaski Chancery, Second Division. Argued orally.

CR97-154. Kevin Allen Lloyd v. State of Arkansas, from Pope Circuit.

CR97-873. Dechay Wilson v. State of Arkansas, from Nevada Circuit.

97-400. Jarrell E. Southall v. Little Rock Newspapers, Inc., from Pulaski Circuit, Third Division.

97-610. John Norrell Arms, Inc. v. Curtis Higgins, from Pulaski Chancery, Third Division.

97-619. Timothy Leathers v. William W. Cotton, from Sebastian Circuit, Fort Smith District.

97-625. Social Work Licensing Board v. Randall C. Moncebaiz, from Polk Circuit.