Bussell v. Georgia-Pacific Corp. (Meads, J.) CA98-667
Workers' compensation -- Appellate mandate was imperative; nothing left to Workers' Compensation Commission's discretion; Commission acted outside its authority varying mandate; reversed and remanded on direct appeal; safety-violation penalty applicable; affirmed on cross-appeal. [HTML, WP5.1]

Phillips v. Arkansas Dep't of Human Servs. (Per Curiam) CA98-1274
Motions -- Motion of appellants to proceed in forma pauperis; granted. [HTML, WP5.1]

Richard v. State (Arey, J.) CACR97-854
Search & seizure -- Constitutionality of search not reached; appellant failed to establish standing; merits not reached. [HTML, WP5.1]

Riffle v. United General Title Ins. Co. (Crabtree, J.) CA98-506
Attorney & client -- Attorney's fees cannot be awarded insurer under Ark. Code Ann. § 23-79-208; trial court's award reversed. [HTML, WP5.1]

Wilson v. Daniels (Rogers, J.) CA98-333
Property -- Tax-delinquent land; second notice of sale satisfied statutory requirement; chancellor's decision not clearly erroneous. [HTML, WP5.1]

Baker v. Frozen Food Express Transp. (Meads, J.) CA98-200
Workers' compensation -- Commission's jurisdiction; substantial evidence supported finding presumption rebutted. [HTML, WP5.1]

American Stitchco, Inc. v. Hendrix, CA 98-548 (Roaf, J.), reversed and remanded December 9, 1998.

Barrett v. Barrett, CA 97-1132 (Arey, J.), affirmed December 9, 1998.

Brian v. State, CA CR 98-276 (Roaf, J.), affirmed December 9, 1998.

Brunette v. Buck, CA 98-154 (Stroud, J.), reversed and remanded December 9, 1998.

Crespo v. State, CA CR 98-183 (Pittman, J.), affirmed December 9, 1998.

Dudley v. Dudley, CA 98-12 (Robbins, C.J.), affirmed December 9, 1998.

Hall v. State, CA CR 98-321 (Arey, J.), affirmed December 9, 1998.

Henry v. State, CA CR 97-778 (Robbins, C.J.), affirmed December 9, 1998.

Lincoln v. AAA Bail Bond Co., CA 98-365 (Rogers, J.), reversed and remanded December 9, 1998.

Patrick v. Farmer, CA 98-534 (Arey, J.), affirmed on direct appeal; affirmed in part and remanded in part on cross-appeal December 9, 1998.

Piazza v. State, CA CR 98-307 (Neal, J.), affirmed December 9, 1998.

Prunty Bail Bonds v. State, CA 98-352 (Neal, J.), affirmed December 9, 1998.

Sorrells v. Sorrells, CA 98-580 (Meads, J.), affirmed December 9, 1998.

Tri-State Airmotive, Inc. v. Spartan Fleet Management, CA 98-60 (Rogers, J.), affirmed December 9, 1998.

Waddell v. Harrison, CA 98-481 (Pittman, J.), affirmed December 9, 1998.

Watkins v. State, CA CR 98-160 (Roaf, J.), affirmed December 9, 1998.

Wilson v. Amfuel and Liberty Mut. Ins. Co., CA 98-587 (Crabtree, J.), affirmed in part; reversed in part and remanded December 9, 1998.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR97-778. Willie Earl Henry v. State of Arkansas, from Phillips Circuit. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

CA98-12. Timothy O. Dudley v. Bobbie Jean Dudley, from Pulaski Chancery, Sixth Division. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR98-183. Romero Ben Crespo, a/k/a Bienuenido Crespo v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Rogers and Stroud, JJ., agree. (2 PAGES UNPUBLISHED)

CA98-481. Dorothy Bess Waddell v. Randall Harrison and Debra Harrison, from Union Chancery. Affirmed. Rogers and Stroud, JJ., agree. (6 PAGES UNPUBLISHED)

D. FRANKLIN AREY, III, JUDGE:

CACR97-854. Carl E. Richard v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman, Rogers, and Neal, JJ., agree. Griffen and Crabtree, JJ., dissent without opinion. (4 PAGES PUBLISHED) [HTML, WP5.1]

CACR98-321. Carlos Cortez Hall v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CA97-1132. Phyllis Karen Barrett (Hamilton) v. Randall Ray Barrett, from Montgomery Chancery. Affirmed. Crabtree, J., agrees. Pittman, J, concurs. Rogers, Griffen, and Meads, JJ., dissent. (9 PAGES + 7 PAGE CONCURRENCE + 4 PAGE DISSENT (ROGERS) + 6 PAGE DISSENT (GRIFFEN) UNPUBLISHED)

CA98-534. D.L. Patrick and L&P Partnership v. Phillip Farmer, Emily Farmer and Nu-Way Products Co., Inc., from Sebastian Circuit, Fort Smith District. Affirmed on Direct Appeal; Affirmed in Part and Remanded in Part on Cross-Appeal. Meads, J., agrees. Griffen, J., concurs without opinion. (8 PAGES UNPUBLISHED)

JUDITH ROGERS, JUDGE:

CA98-60. Tri-State Airmotive, Inc. v. Spartan Fleet Management, from Van Buren Circuit. Affirmed. Pittman and Stroud, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-333. Billie Wilson v. Charlie Daniels, Commissioner of State Lands, from Jefferson Chancery. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA98-365. Tim Lincoln v. AAA Bail Bond Company, from Pulaski Circuit, Third Division. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CA98-154. Charles L. Brunette and Caroline M. Wozniak v. Gene Buck and Norma Buck, his wife, et al., from Izard Chancery. Reversed and Remanded. Pittman and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR98-307. Joseph Michael Piazza v. State of Arkansas, from Washington Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (9 PAGES UNPUBLISHED)

CA98-352. Prunty Bail Bonds v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CA98-506. Wayne Riffle et al. v. United General Title Insurance Company and Wilson & Associates, from Pulaski Circuit. Reversed in Part; Affirmed in Part. Neal and Roaf, JJ., agree. Arey, Jennings, and Rogers, JJ., dissent. (6 PAGES + 6 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CA98-587. Debra Wilson v. Amfuel and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Affirmed in Part; Reversed in Part and Remanded. Robbins, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CA98-580. Pamela G. Sorrells (Stover) v. John C. Sorrells, from Ouachita Chancery. Affirmed. Arey and Griffen, JJ., agree. (9 PAGES UNPUBLISHED)

CA98-667. R.H. Bussell v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Reversed on Direct-Appeal; Affirmed on Cross-Appeal. Arey and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR98-160. Shawn Watkins v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Bird, JJ., agree. (6 PAGES UNPUBLISHED)

CACR98-276. Caleb Brian v. State of Arkansas, from Benton Chancery. Affirmed. Jennings and Bird, JJ., agree. (7 PAGES UNPUBLISHED)

CA98-548. American Stitchco, Inc. v. Lenola Hendrix, from Searcy Circuit. Reversed and Remanded. Jennings and Bird, JJ., agree. (3 PAGES UNPUBLISHED)

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

CA98-28. Unicare Homes, Inc. d/b/a Concordia Care Center v. James E. Gribble, III, from Benton Circuit.

CA98-40. Paul Craig Jordan v. Jerry D. Sweetser, Inc., from Washington Circuit.

CA98-200. Maudie Baker v. Frozen Food Express Transport, from Workers' Compensation Commission. See substituted opinion upon denial of rehearing. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division.

CA98-396. Accent Builders, Inc. v. Lovie Darby, from St. Francis Circuit.

CACR98-180. Charles Fields v. State of Arkansas, from Garland Circuit. Motion of Morse U. Gist for attorney's fees. Granted. Allowed $700.00.

CACR98-310. Kelvin Freeman v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees. Granted. Allowed $800.00.

CACR98-520. Mark Stanley Lee v. State of Arkansas, from Clark Circuit. Motion of Alan LeVar for attorney's fees. Granted. Allowed $800.00.

CACR98-714. Timothy Wade Lewis v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time. Granted forty-five days as final extension.

CACR98-1079. Ricky S. Maier v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to supplement the record and motion for photocopies. Denied.

CA97-1457. Home Mutual Fire Insurance Company v. Charles Jones et ux., from Benton Circuit. Appellees' motion for attorney's fees and costs. Granted. Allowed $4,000.00 as attorney's fee; clerk to tax costs.

CA98-12. Timothy O. Dudley v. Bobbie Jean Dudley, from Pulaski Chancery, Sixth Division. Appellee's motion for attorney's fees and costs. Granted. Allowed $600.00. Clerk to tax costs. Meads, J., not participating.

CA98-396. Accent Builders, Inc. v. Lovie Darby, from St. Francis Circuit. Appellant's motion to amend brief and supplement abstract. Denied.

CA98-1122. Robert McDaniel v. Steve Linder, from Garland Circuit. Appellant's motion to file a belated brief. Granted.

CA98-1274. Billy Phillips et ux. v. Arkansas Department of Human Services, from Benton Chancery. Appellants' motion to proceed in forma pauperis. Granted. See per curiam opinion this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

CACR98-247. Steven Ron Fortson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA98-230. Jamie Woodard and Glenda Woodard v. Justin Ridenhour and Patty Ridenhour, from Scott Chancery.

CA98-502. Eddie Inskeep v. Emerson Electric Company et al., from Workers' Compensation Commission.

CACR97-1554. Joel Edward Dyer v. State of Arkansas, from Sebastian Circuit. Motion of J.F. Atkinson, Jr. for attorney's fees.

CACR98-100. James P. Entwistle v. State of Arkansas, from Van Buren Circuit. Appellant's motion for brief time.

CACR98-109. Henry Lee Brazil v. State of Arkansas, from Dallas Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR98-374. Danny Lee Ward v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-543. John Killingsworth v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-909. Willie Wells, III v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appeal bond.

CA97-1567. William Rutledge v. Marilyn Rutledge, from Pulaski Chancery, Sixth Division. Appellee's motion for attorney's fees.

CA98-793. Glen Michael Dirling v. Mid-America Auto Transport, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA98-971. Larry Hamilton v. Walter E. "Sonny" Simpson, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for brief time.

CA98-1231. Garry Doty et al. v. Junaway Payne et al., from Poinsett Circuit. Appellants' petition for writ of certiorari to complete the record.

CA98-523. Ralph Lee Petker v. Ralph Austin Petker, from Cleburne Chancery. Argued orally.

CACR98-107. Jonathan Keith Cole v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR98-109. Henry Lee Brazil v. State of Arkansas, from Dallas Circuit.

CACR98-375. Sammie Lee Washington v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR98-397. Gregory Lamont Childress v. State of Arkansas, from Pulaski Circuit, First Division.

CACR98-467. Andre Clark v. State of Arkansas, from Lincoln Circuit.

CACR98-493. Larry Roberson v. State of Arkansas, from Craighead Circuit, Western District.

CACR98-695. Joe Lee Pettigrew v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR98-857. Lacumba Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA97-651. Bob Cole Bail Bonds, Inc. v. State of Arkansas, from Union Circuit.

CA98-32. Lester Jetton et ux. v. Harry Maxfield et ux., from Columbia Chancery.

CA98-275. Phillip D. Edwards v. Karen Edwards, from Sebastian Chancery, Fort Smith District.

CA98-331. L.V. Babbitt et ux. v. Jody Brian Thompson, from Montgomery Chancery.

CA98-409. Stacy Abram Jr. v. Cathy Moore, from Crittenden Chancery.

CA98-473. George R. Wadley Jr. v. Kathleen Bell, Chancellor, from Craighead Chancery, Western District.

CA98-487. H. Craig Maxey v. Tamara K. Maxey, from Crawford Chancery.

CA98-607. John Allen v. Brenda Jarvis, from Pulaski Chancery, Second Division.

CA98-617. S & S Construction, Inc. v. Jerry Coplin, from Workers' Compensation Commission.

CA98-652. J & D Hauling, Inc. v. East Arkansas Contractors, Inc., from Phillips Circuit.

CA98-680. Danny Smith v. City of Hamburg, from Workers' Compensation Commission.

CA98-685. Demita Martin v. Williamette Industries, from Workers' Compensation Commission.