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

Opinions delivered
March 4, 1998


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California v. West (Roaf, J.) CA97-604
Parent & child -- Child support; appellant clearly had right to ask for interest on arrearage but failed to do so; interest issue was res judicata. [ASCII, WP5.1]

Freshour v. West (Griffen, J.) CA97-612
Parent & child -- Custody cases; chancellor's denial of change of custody affirmed; appellant failed to show material change of circumstances; chancellor's finding that child's best interest was served by remaining in appellee's custody was not clearly erroneous. [ASCII, WP5.1]

Humphrey v. Faulkner Nursing Ctr. (Bird, J.) CA97-791
Workers' compensation -- Order appealed from not final; appeal dismissed. [ASCII, WP5.1]

State Office of Child Support Enforcement v. Mitchell (Neal, J.) CA97-426
Parent & child -- Child support; chancellor erroneously relied on Ark. R. Civ. P. 60 (C)(4) and failed to make necessary findings; reversed and remanded. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arkansas Dep't of Human Servs. v. Callahan, CA 97-1080 (Rogers, J.), dismissed March 4, 1998.

Collymore v. State, CA CR 97-537 (Crabtree, J.), affirmed March 4, 1998.

Dodson v. State, CA CR 97-1487 (Per Curiam), Appellant's Pro Se Motion for Appointment of Counsel, for Extension of Time, for Appeal Bond, for Use of Transcript, and to Proceed In Forma Pauperis granted in part; denied in part March 4, 1998.

Easterling v. State, CA CR 97-579 (Meads, J.), affirmed March 4, 1998.

Foster v. Waits, CA 97-1183 (Robbins, C.J.), reversed and remanded March 4, 1998.

Gaston v. Timex Corp., CA 97-1026 (Roaf, J.), affirmed March 4, 1998.

Green v. State, CA CR 97-973 (Arey, J.), affirmed March 4, 1998.

Hardin v. State, CA CR 97-265 (Neal, J.), affirmed March 4, 1998.

Henry v. American Investors Life Ins. Co., CA 97-838 (Neal, J.), reversed and remanded March 4, 1998.

Kee v. Sims, CA 97-824 (Jennings, J.), affirmed March 4, 1998.

Pellham v. McGinnis, CA 97-283 (Stroud, J.), affirmed March 4, 1998.

Pinewood Transport v. Yarbrough, CA 97-1029 (Bird, J.), remanded March 4, 1998.

Segwick James of Arkansas, Inc. v. Mann, CA 97-790 (Robbins, C.J.), affirmed March 4, 1998.

Superior Indus. v. Cooper, CA 97-750 (Pittman, J.), affirmed March 4, 1998.

United Parcel Serv. v. Spence, CA 97-1002 (Rogers, J.), affirmed March 4, 1998.

Waddle v. State, CA CR 97-71 (Stroud, J.), affirmed March 4, 1998.

CASES AFFIRMED WITHOUT OPINION

Byrum v. Director of Labor, E 97-200, March 4, 1998.

Collins v. Director of Labor, E 97-193, March 4, 1998.

Cooper v. Director of Labor, E 97-197, March 4, 1998.

Massey v. Director of Labor, E 97-191, March 4, 1998.

McNary v. Director of Labor, E 97-192, March 4, 1998.

Moreno v. Director of Labor, E 97-189, March 4, 1998.

Nada v. Director of Labor, E 97-199, March 4, 1998.

National Home Ctrs. v. Director of Labor, E 97-196, March 4, 1998.

Presley v. Director of Labor, E 97-194, March 4, 1998.

Staggs v. Director of Labor, E 97-198, March 4, 1998.

Turner v. Director of Labor, E 97-195, March 4, 1998.

Wells v. Director of Labor, E 97-190, March 4, 1998.


ORIGINAL SYLLABUS OF PROCEEDINGS

JOHN B. ROBBINS, CHIEF JUDGE:

CA97-790. Sedgwick James of Arkansas, Inc. v. Ellis Wayne Mann, from Workers' Compensation Commission. Affirmed. Rogers and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)

CA97-1183. Tony Foster v. Teresa Waits, from Pope Chancery. Reversed and Remanded. Rogers and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CA97-750. Superior Industries v. Richard Cooper, from Workers' Compensation Commission. Affirmed. Arey and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

D. FRANKLIN AREY, III, JUDGE:

CACR97-973. James Green, Jr. v. State of Arkansas, from Drew Circuit. Affirmed. Neal and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CA97-824. Cynthia Meshell (Sims) Kee v. Glenn W. Sims, from White Chancery. Affirmed. Pittman and Stroud, JJ., agree. (7 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CA97-791. Terry Humphrey v. Faulkner Nursing Center, from Workers' Compensation Commission. Appeal Dismissed. Robbins, C.J., Jennings, Crabtree, and Meads, JJ., agree. Griffen, J., dissents. (3 PAGES + 6 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

CA97-1029. Pinewood Transport v. Marlon Yarbrough, from Workers' Compensation Commission. Remanded. Meads and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

JUDITH ROGERS, JUDGE:

CA97-1002. United Parcel Service v. Jo Anne Spence, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED)

CA97-1080. Arkansas Department of Human Services v. Kathy Callahan, from Miller Chancery. Dismissed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR97-71. Irene Waddle v. State of Arkansas, from Yell Circuit. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED)

CA97-283. G. J. Pellham, Bonnie Smith, Ruth Reddell, John Pellham and Kathy Pellham Jackson v. Ida McGinnis, from Pope Probate. Affirmed. Pittman and Jennings, JJ., agree. (7 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR97-265. John J. Hardin, III v. State of Arkansas, from Crittenden Circuit. Affirmed. Arey and Griffen, JJ., agree. (2 PAGES UNPUBLISHED)

CA97-426. State of Arkansas Office of Child Support Enforcement v. Jeremy Mitchell, from Nevada Chancery. Reversed and Remanded. Pittman, Arey, Stroud, and Griffen, JJ., agree. Jennings, J., dissents. (6 PAGES + 2 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

CA97-838. Charles H. Henry, Sr. v. American Investors Life Insurance Company, from Mississippi Circuit, Chickasawba District. Reversed and Remanded. Arey, J., agrees. Griffen, J., concurs. (7 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CA97-612. Charles Freshour v. Brenda West and State of Arkansas Ex Rel. Office of Child Support Enforcement, from Pulaski Chancery, Seventh Division. Affirmed. Arey, Stroud, and Neal, JJ., agree. Pittman and Jennings, JJ., dissent. (8 PAGES + 3 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

TERRY CRABTREE, JUDGE:

CACR97-537. Christopher Collymore v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins, C.J., and Rogers, J., agree. (3 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR97-579. Randall Easterling v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (2 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CA97-604. State of California, Stanislaus County v. James F. West, from Pulaski Chancery. Affirmed. Bird and Meads, JJ., agree. (7 PAGES PUBLISHED) [ASCII, WP5.1]

CA97-1026. Jewel Gaston v. Timex Corporation, from Workers' Compensation Commission. Affirmed. Bird and Meads, JJ., agree. (5 PAGES UNPUBLISHED)

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).

E97-189.Venada Moreno v. Director et al.

E97-190.Lola E. Wells v. Director et al.

E97-191.Donald B. Massey v. Director et al.

E97-192.Enoch McNary v. Director et al.

E97-193.Ernestine Collins v. Director et al.

E97-194.Dorsie Presley v. Director et al.

E97-195.Jacki Turner v. Director et al.

E97-196.National Home Centers v. Director et al.

E97-197.Rosezine Cooper v. Director et al.

E97-198.Bob Staggs v. Director et al.

E97-199.Robert Van Nada v. Director et al.

E97-200.Brent L. Byrum v. Director et al.

PER CURIAM ORDERS

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

CA96-1528. Neal Behimer et ux. v. Ray Newton et ux., from Benton Chancery. Griffen and Roaf, JJ., would grant.

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. Granted. Allowed $250.00.

CACR97-542. Joseph Alan Roberts v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $650.00.

CACR97-670. Sam West v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $650.00.

CACR97-680. Keraig D. House v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $650.00.

CACR97-1344. Androus Hall v. State of Arkansas, from Phillips Circuit. Motion of the Public Defender to withdraw as counsel for appellant. Moot. Appellant's motion for brief time is granted. Brief due May 3, 1998.

CACR97-1487. Billi Jo Dodson v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion for appointment of counsel, for extension of time, for appeal bond, for use of transcript, and to proceed in forma pauperis. Granted in Part; Denied in Part. See per curiam issued this date. (2 PAGES UNPUBLISHED)

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. Granted. Brief due sixty days May 3, 1998.

CA96-1205. John Holloway v. Ray White Lumber Company et al., from Workers' Compensation Commission. Appellees' motion to deny request for oral argument. Denied.

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

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

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. Denied.

CA97-1379. Michael D. Carr v. Frank Fletcher Companies, Ltd. et al., from Pulaski Circuit, Third Division. Appellant's motion to supplement the record. Granted, but request to supplement appellant's brief denied. Leave granted to file substituted appellant's brief by April 3, 1998.

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. Granted. Abstract and appellant's brief due April 3, 1998.

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. Denied.

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

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA97-613. James Nickelson et ux. v. State Farm Fire and Casualty Company et al., from Crawford Circuit.

CA97-703. Helen Sullivan v. Paris Retirement Inn, from Workers' Compensation Commission.

CA97-762. Ellen Van Pelt v. Equity Fire and Casualty Company, from Sebastian Circuit, Greenwood District.

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CACR96-1380. Travis Johnson v. State of Arkansas, from Pulaski Circuit. Motion of Steven R. Davis for attorney's fees.

CACR97-1344. Androus Hall v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion for appointment of counsel.

CACR97-1401. Ladonna Oliver v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time.

CACR97-1556. Barry Wallace v. State of Arkansas, from Crittenden Circuit. Appellant's motion to admit pro se statement with brief.

CACR98-8. Charles Edward Horton v. State of Arkansas, from Pulaski Circuit. Appellant's motion to file a belated brief.

CA97-534. William R. Vier v. Tammy Vier (Hart), from Faulkner Chancery. Appellant's motion to file a belated reply brief and for brief time.

CA97-584. Ellen Richison, Executrix v. Boatmen's Arkansas, Inc. et al., from Baxter Circuit. Appellees' motion for attorney's fees and costs.

CA97-1194. Jed Stewart Lineberry et al. v. J.R. Bailey, Director, from Pulaski Circuit. Appellants' motion for oral argument.

CA97-1312. Lonnie Green v. Dwala Williford, from Pulaski Chancery. Appellee's motion for clarification of prior motion to hold briefing schedule in abeyance.

CA97-1562. Drew Malone Raines III et al. v. First Nationwide Mortgage Corporation et al., from Pulaski Chancery, Sixth Division. Appellants' pro se motion for reconsideration of motion for stay.

CA98-36. Janice Verser v. Billy J.S. Verser, from Cleburne Chancery. Appellant's motion for brief time.

CA98-71. Monid B. Mearns, Jr. v. Joyce C. Mearns, from Pope Chancery. Appellant's motion to supplement the record and motion to take judicial notice of mandate.

E97-230. Dorothy A. Jones v. Director et al., from Board of Review. Appellees' motion to strike additional evidence.

SUBMISSIONS

CA97-1100. Lowe's et al. v. Beverly Pevey, from Workers' Compensation Commission. Argued orally.

CA97-1170. General Electric Railcar Repair Services v. Ace Hardin, from Workers' Compensation Commission. Argued orally.

CACR97-191. Sherry Marie Hale and Kevin Wayne Hale v. State of Arkansas, from White Circuit.

CACR97-478. Larry Don Williams v. State of Arkansas, from Benton Circuit.

CACR97-1021. Johnny Ray Hawthorne v. State of Arkansas, from Miller Circuit.

CACR97-1102. David Peterson v. State of Arkansas, from Jefferson Circuit.

CACR97-1112. Charles Fields v. State of Arkansas, from Garland Circuit.

CACR97-1126. Thomas White v. State of Arkansas, from Crittenden Circuit.

CA97-246. Vera Lee Weaver Living Trust, Jerold Lee Weaver, Trustee v. City of Eureka Springs, from Carroll Circuit, Western District.

CA97-608. Country Corner Food and Drug, Inc. v. First State Bank & Trust Co. of Conway, Arkansas, from Faulkner Chancery.

CA97-937. Routh's Wrecker Service, Inc. et al. v. Codney A. Washington, from Pulaski Circuit, Third Division.

CA97-947. Michael Ted Miller v. Janet Carol Miller, from Lafayette Chancery.

CA97-963. Arthis Ray Wilson et al. v. Naomi Ruth Wilson Harris, from Boone Probate.

CA97-1033. Arkansas State Police et al. v. Bill Couch, from Workers' Compensation Commission.

CA97-1034. Carol Hodges v. Mike Huckabee, In His Official Capacity et al., from Pulaski Chancery, Fourth Division.

CA97-1037. Walter Buford v. Jim Alderson, from Cross Chancery.

CA97-1081. Eugene Ester v. National Home Centers, Inc., from Workers' Compensation Commission.

CA97-1119. Henry Lockhart v. Arkansas Department of Human Services, from Pulaski Probate, Ninth Division.

CA97-1120. Tyson Foods, Inc. v. Debra Klein, from Workers' Compensation Commission.

CA97-1123. Lillian Dunham v. Arkansas Department of Human Services, from Benton Chancery.

CA97-1144. Superior Industries v. Lane Washausen, from Workers' Compensation Commission.

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

E95-266. Aaron C. Harvey v. Director et al.

E96-148. Buddy Hiner v. Director et al.

E97-41. Integrated Distribution, Inc. v. Director et al.

E97-214. Robert M. Almond v. Director et al.

E97-216. Reginald C. Clark v. Director et al.

E97-218. Gloria D. Jones v. Director et al.

E97-221. Frances Hill v. Director et al.

E97-222. Eloromia L. Washington v. Director et al.

E97-223. David J. DePhillippeaux v. Director et al.

E97-225. Sherlyn G. Hannah v. Director et al.

E97-226. Valva L. Fleming v. Director et al.

E97-227. Paul Broadstone v. Director et al.

E97-228. Mary Rudovsky v. Director et al.

E97-229. Donald D. Kuykendall v. Director et al.

E97-230. Dorothy A. Jones v. Director et al.