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

Opinions delivered
February 25, 1998

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American Greetings Corp. v. Garey (Pittman, J.) CA97-590
Workers' compensation -- Evidence supported finding that appellee was entitled to temporary total disability benefits. [ASCII, WP5.1]

High Capacity Prods. v. Moore (Robbins, C.J.) CA97-880
Workers' compensation -- Rapid repetitive motion injury; appellee's evidence concerning injury consistent; finding that work activity was major cause of appellee's injury supported by substantial evidence. [ASCII, WP5.1]

Jocon, Inc. v. Hoover (Robbins, C.J.) CA97-732
Contracts -- Finding that appellant breached "repair" contract not clearly erroneous. [ASCII, WP5.1]

Jonesboro Human Dev. Ctr. v. Taylor (Roaf, J.) CA97-800
Workers' compensation -- Evidence insufficient to show appellant controverted claim; award of attorney's fees to appellee reversed and remanded. [ASCII, WP5.1]

Kimble v. State (Per Curiam) CACR97-821
Appeal & error -- Counsel's motion to withdraw denied. [ASCII, WP5.1]

Lucas v. Grant (Pittman, J.) CA97-890
Trusts -- Chancellor did not err in applying clean- hands doctrine against appellant; parol evidence of oral promise admissible to establish existence of constructive trust. [ASCII, WP5.1]

Springston v. State, (Rogers, J.) CACR97-539
Automobiles -- DWI; tape provided evidence of essential element of case; no abuse of discretion found in its admittance. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

B.C. v. State, CA 97-985 (Meads, J.), affirmed February 25, 1998. Gardner v. State, CA CR 97-681 (Pittman, J.), affirmed February 25, 1998.

Hambrick v. Farmers and Merchants Bank, CA 97-867 (Rogers, J.), affirmed February 25, 1998.

Hardin v. Hardin, CA 97-1011 (Arey, J.), affirmed February 25, 1998.

Huff v. State, CA CR 97-554 (Rogers, J.), affirmed February 25, 1998.

Kuykendall v. Kuykendall, CA 97-822 (Neal, J.), reversed and remanded February 25, 1998.

Lee v. The Mad Butcher, CA 97-923 (Bird, J.), affirmed February 25, 1998.

Mullins v. State, CA 97-886 (Meads, J.), affirmed February 25, 1998.

Oglesby v. State, CA CR 97-921 (Crabtree, J.), affirmed February 25, 1998.

Petit Jean Poultry v. Taylor, CA 97-997 (Roaf, J.), affirmed in part, reversed in part and remanded February 25, 1998.

Polk County v. Morgan, CA 97-718 (Jennings, J.), affirmed February 25, 1998.

Richison v. Boatmen's Arkansas, Inc., CA 97-584 (Per Curiam), appeal dismissed February 25, 1998.

Rockline Indus. v. Main, CA 97-815 (Stroud, J.), affirmed February 25, 1998.

Thetford v. State, CA CR 97-601 (Stroud, J.), affirmed February 25, 1998.

Weaver v. The Mad Butcher, Inc., CA 97-809 (Robbins, C.J.), affirmed February 25, 1998.

CASES AFFIRMED WITHOUT OPINION

Ables v. Director of Labor, E 97-188, February 25, 1998.

Alvarez v. Director of Labor, E 97-174, February 25, 1998.

Bowren v. Director of Labor, E 97-183, February 25, 1998.

Curtis v. Director of Labor, E 97-178, February 25, 1998.

Eubanks v. Director of Labor, E 97-182, February 25, 1998.

Hill v. Director of Labor, E 97-187, February 25, 1998.

O'Neal v. Director of Labor, E 97-181, February 25, 1998.

Porter v. Director of Labor, E 97-179, February 25, 1998.

Smothers v. Director of Labor, E 97-175, February 25, 1998.

Taylor v. Director of Labor, E 97-180, February 25, 1998.

Virco Mfg. Corp. v. Director of Labor, E 97-186, February 25, 1998.

Watson v. Director of Labor, E 97-185, February 25, 1998.

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5- 2(b).

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 Mfg. Corporation v. Director et al.

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

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

PER CURIAM ORDERS

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

CACR97-669. John Townsend v. State of Arkansas, from Crawford Circuit.

CA97-524. Odie Tollett v. Lige Benson, from Faulkner Chancery.

E97-151. Clarence Hall v. Director et al., from Board of Review.

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CACR97-490. Debbie Lynn Jacks v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR97-821. William Kimble v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of the Public Defender to withdraw as counsel for appellant. Denied. See prevailing opinion issued this date. Robbins, C.J., Pittman, Jennings, Bird and Stroud, JJ., agree. Rogers, Crabtree and Roaf, JJ., concur. Arey, Neal, Griffen and Meads, JJ., dissent. (2 PAGES PUBLISHED, 5 PAGE DISSENT) [ASCII, WP5.1]

CACR97-1268. Corey Jones, Chantez McGhee and Dale Marcus Shaffer v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of the Public Defender to withdraw as counsel for appellants. Denied. See opinion issued this date in Kimble v. State.

CACR97-1292. Harold Walton v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion for transcript. Denied.

CACR97-1349. Ronnie Ray Owens v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of the Public Defender to withdraw as counsel for appellant. Denied. See opinion issued this date in Kimble v. State.

CACR97-1401. LaDonna Oliver v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of the Public Defender to withdraw as counsel for appellant. Denied. See opinion issued this date in Kimble v. State.

CACR97-1504. John Henry Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of the Public Defender to withdraw as counsel for appellant. Denied. See opinion issued this date in Kimble v. State.

CACR97-1523. George Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of the Public Defender to withdraw as counsel for appellant. Denied. See opinion issued this date in Kimble v. State.

CACR98-132. Willie L. Davis v. State of Arkansas, from Clark Circuit. Motion of C.A. Blake Batson to be relieved as counsel for appellant and to substitute Alvin Schay as counsel. Granted.

CA97-595. William J. Velek et ux. v. Richard L. McMillen et ux., from Faulkner Chancery. Appellees' motion for attorney's fees and costs. Attorney's fees denied. Clerk to tax costs. Arey, J., not participating.

CA97-819. Arkansas Forestry Commission et al. v. Bobby Nelson, from Workers' Compensation Commission. Appellees's motion for attorney's fees. Granted.

CA97-1127. Ralph Nesbitt v. Heather Patrice Hogrobrooks, from St. Francis Circuit. Appellant's pro se motion to dismiss judgment. Denied. Neal, J., not participating.

CA97-1131. David Hooker et al. v. John Deere Company et al., from St. Francis Chancery. Appellants' pro se motion to certify to the Supreme Court. Denied all motions pending. Arey, J., would grant appellee's motion for sanctions.

CA97-1357. Bernice M. Hatfield v. First Baptist Church of Fort Smith, from Workers' Compensation Commission. Appellant's motion for stay. Granted. Briefing schedule remains in effect. Neal, J., not participating.

CA97-1387. Cooper Tire & Rubber Company v. Tony Sanders, from Workers' Compensation Commission. Appellant's motion for submission of case on briefs filed in CA96-1000. Denied.

CA97-1388. United States Fidelity & Guaranty Company et al. v. A & A Masonry, Inc. et al., from Pulaski Circuit, Sixth Division. Appellees' motions to supplement and to correct or modify the record. Granted. Bird, Neal, Griffen and Crabtree, JJ., not participating.

CA97-1396. Johnny Jackson v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Motion of the Public Defender to withdraw as counsel for appellant. Denied. See opinion issued this date in Kimble v. State.

CA97-1446. Rosalind A. Martin v. Paul E. Martin, from Fulton Chancery. Appellant's motion to remand and to stay brief time. Granted. Appeal to be dismissed unless motion to reinstate is filed within sixty days.

CA97-1573. D.B. Griffin Warehouse, Inc. v. Margaret Sanders, Individually and as Administratrix, from Phillips Circuit. Appellee's motion to dismiss appeal. Transferred to Supreme Court. Pittman, J., not participating.

CA98-136. In the Matter of the Adoption of Christopher Alan Hogue, from Conway Probate. Appellees' motion to dismiss appeal. Granted.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA96-1528. Neal Behimer et ux. v. Ray Newton et ux., from Benton Chancery.

CA97-595. William J. Velek et ux. v. Richard L. McMillen et ux., from Faulkner Chancery.

CA97-892. Rheem Manufacturing Company v. Nancy J. Gipson, from Workers' Compensation Commission.

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CACR97-442. Timothy Joe Tate v. State of Arkansas, from Greene Circuit. Motion of Jon A. Williams for attorney's fees.

CACR97-542. Joseph Alan Roberts v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR97-670. Sam West v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR97-680. Keraig D. House v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR97-952. Wake Williams v. State of Arkansas, from Newton Circuit. Motion of George J. Stone for attorney's fees.

CACR97-1483. Ceotis Franks v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.

CACR98-35. Jewel Johnson v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Craig Lambert to be substituted as counsel for appellant and for brief time. CA96-1205. John Holloway v. Ray White Lumber Company et al., from Workers' Compensation Commission. Appellees' motion to deny request for oral argument.

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

CA97-418. Danny Lee Morton v. Judy Karon Morton, from Crawford Chancery. Appellee's motion to dismiss appeal.

CA97-429. Albert Curtis Hutchins v. Karen Ruth Hutchins, from Ouachita Chancery. Appellant's motion for reinstatement of appeal, for brief time and motion for stay.

CA97-892. Rheem Manufacturing Company v. Nancy J. Gipson, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA97-906. Second Injury Fund v. Ronnie Furman, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA97-1085. William Keith Webber et ux. v. Arkansas Department of Human Services, from Crittenden Chancery. Appellants' motion to file a belated reply brief.

CA97-1168. Janice Edwards, as Guardian of Joe Edwards v. David Stills et ux., from Washington Circuit. Appellant's motion for additional time for oral argument.

CA97-1379. Michael D. Carr v. Frank Fletcher Companies, Ltd. et al., from Pulaski Circuit, Third Division. Appellant's motion to supplement the record.

CA97-1427. Diann Dodson (Douglas) et al. v. Charter Behavioral System of Northwest Arkansas, Inc. d/b/a Charter Vista Hospital et al., from Washington Circuit. Joint motion of appellants to file a joint abstract.

CA97-1562. Drew Malone Raines III et al. v. First Nationwide Mortgage Corporation et al., from Pulaski Chancery, Sixth Division. Pro se motion to proceed in forma pauperis.

CA98-12. Timothy O. Dudley v. Bobbie Jean Dudley, from Pulaski Chancery, Sixth Division. Appellee's motion to release sealed record.

CA98-70. Cathy Needham v. Harvest Foods, from Workers' Compensation Commission. Appellant's motion to supplement the record and for brief time.

SUBMISSIONS

CA97-418. Danny Lee Morton v. Judy Karon Morton, from Crawford Chancery. Argued orally.

CA97-1066. St. Paul Fire & Marine v. Kimberly Kay Stonesifer, from Workers' Compensation Commission. Argued orally.

CACR97-719. John Edward Moyer v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR97-922. Michael S. Hoffman v. State of Arkansas, from Saline Circuit.

CACR97-952. Wake Williams v. State of Arkansas, from Newton Circuit.

CACR97-998. Fred Randall Allen v. State of Arkansas, from Pulaski Circuit, First Division.

CACR97-1073. James Welker v. State of Arkansas, from Howard Circuit.

CA97-455. Drew Malone: Raines III v. Copy Systems, Inc., from Pulaski Circuit, First Division.

CA97-618. Service Chevrolet v. Douglas Atwood, from Workers' Compensation Commission.

CA97-736. Gary C. Davis v. Lana Davis, from Washington Chancery.

CA97-855. George E. Phillips v. City of West Memphis, from Workers' Compensation Commission.

CA97-945. Mike Collins v. Karen Collins, from Washington Chancery.

CA97-946. Doris A. Sutterfield (Peavy) v. Arthur C. Sutterfield, from Lonoke Chancery.

CA97-953. Financial Benefit Life Insurance Co. et al. v. Mark Weedman Jr., Administrator, from Pulaski Circuit, Fifth Division.

CA97-957. Kimberly Amonette (Tschiemer) v. Stephen C. Amonette, from Pulaski Chancery, Third Division.

CA97-959. Steve Benson et al. v. Thomas Osmon, from White Circuit.

CA97-994. Zenith Insurance Company v. VNE, Inc., from Sebastian Circuit, Fort Smith District.

CA97-1018. Claude Riley Jr. v. Christine L. Riley, from Ashley Chancery.

CA97-1019. Tommye Morgan et al. v. Batesville Casket Company et al., from Hot Spring Circuit.

CA97-1046. Marcia Pretty v. Acme Frame Company, from Workers' Compensation Commission.

CA97-1065. Clayton E. Herrmann v. State of Arkansas, from Garland Probate.

CA97-1104. Timothy Bales v. Dean Marvel, from Workers' Compensation Commission.

CA97-1107. Superior Industries v. Linda Konert, from Workers' Compensation Commission.

CA97-1130. Randy M. Ennen v. The Eye Group, L.L.C., from Sebastian Chancery.

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

E97-201. Tonya Brown v. Director et al.

E97-202. James Robinson v. Director et al.

E97-203. Jan G. Blaylock v. Director et al.

E97-204. Sarah L. Aaron v. Director et al.

E97-205. Christi L. Finn v. Director et al.

E97-206. Christina K. Ly v. Director et al.

E97-207. Paris B. Battles v. Director et al.

E97-208. James Sartin v. Director et al.

E97-209. Gravette Medical Associates, Ltd. v. Director et al.

E97-211. Vivian Y. Jones v. Director et al.

E97-212. David L. McKissick v. Director et al.

E97-213. Bobbie L. Holder v. Director et al.