361 results for 'court:"Arkansas Court Of Appeals"'.
J. Abramson finds the circuit court properly found in favor of the homeowner, who claims the insurer wrongfully denied her fire-damage claim for her not residing in the house at the time of the fire. The applicability of the policy's residency requirement to the “residence premises” definition is ambiguous. Without applying the requirement, the policy covers the claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 17, 2024, Case #: CV-22-579, Categories: Insurance, Property
J. Thyer finds the trial court properly convicted defendant for trafficking fentanyl, theft, and other drug and firearms charges. Following a traffic stop, dashcam video shows defendant was acting nervously when asked about potential illegal items that might be in the vehicle. Sufficient evidence shows that though defendant was not seen in actual or constructive possession of drugs found in her daughter’s shorts, she admitted to constructive possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 17, 2024, Case #: CR-23-562, Categories: Drug Offender, Firearms, Search
J. Murphy finds the circuit court properly dismissed the ex-husband's motion for modification of support and alimony. Though the husband's income decreased, and he says there is no longer a need for the obligation since the wife's income has increased, he is still capable of meeting the obligation. The court correctly found, and the record supports, the wife still has a need for support “to maintain the...lifestyle for [her]...children." Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-23-315, Categories: Evidence, Family Law, Contract
J. Klappenbach finds the trial court improperly convicted defendant for two counts of criminal mischief. Although evidence shows defendant stole a truck from a repair shop and then hit two other vehicles, a vehicle owner's testimony about the cost of the damage and the document pertaining to the insurance payout to the body shop were inadmissible hearsay. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 17, 2024, Case #: CR-23-529, Categories: Robbery, Due Process, Vandalism
J. Harrison finds the circuit court properly dismissed the father's appeal of the order terminating his parental rights. The Department of Human Services exercised custody of two of the children after their infant sibling died and the crime lab discovered drugs in the body. The children have achieved permanent placement, and all evidence supports termination. The court lacked authority to reopen the case once the children achieved permanency. The dependency-neglect case is closed, and there is no jurisdiction to reopen. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-737, Categories: Family Law, Jurisdiction, Guardianship
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J. Harrison finds the circuit court properly denied the attorney's claim for legal fees. The attorney sought fees from the estate of his deceased brother's deceased wife for long-term legal work he claims to have provided "on loose payment terms." The deceased brother lost the contract suit he brought against his wife alleging her failure to pay him for property sales. There is substantial evidence the attorney was paid. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-212, Categories: Property, Attorney Fees, Contract
J. Wood finds the trial court properly convicted defendant for the first-degree battery of his 6-month-old daughter based on sufficient evidence. The hospital discovered 12 to 15 fractures throughout the child's body, a black eye and skin abrasions after defendant took her in for medical care when he found her arm was swollen. Forensic investigators said the injuries were consistent with abuse. Defendant also admitted no other adult was alone with the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: April 10, 2024, Case #: CR-23-539, Categories: Evidence, Battery, Child Victims
J. Gruber finds the circuit court properly adjudicated the children dependent-neglected. The department removed the children after finding evidence the parents were making up symptoms requiring medical treatment. Treating physicians testified no records support any need for the children's treatment for congenital disease. Though the parents objected to a question asked by the prosecution regarding discussions a witness had with a treating doctor, the prosecution was asked to rephrase the question. The parents have not shown prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 10, 2024, Case #: CV-23-598, Categories: Family Law, Health Care, Guardianship
J. Klappenbach finds the circuit court properly denied defendant's petition for postconviction relief. Convicted for kidnapping, battery, firearm possession, aggravated assault and terroristic threatening, defendant was tried within one year of being charged. He was not denied his right to speedy trial, and no argument or record evidence show he is entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 10, 2024, Case #: CR-22-748, Categories: Firearms, Battery, Kidnapping
J. Virden finds the Workers' Compensation Commission properly affirmed the administrative law judge's determination the poultry processing worker sustained a compensable injury in the form of an occupational disease. The worker, who hung live chickens by their feet as they scratched and pecked him, developed a rash and nausea. He was later diagnosed with cardiopulmonary arrest, acute renal failure and other ailments after he was found unresponsive and taken for medical treatment. The processing facility does not specifically argue sufficiency of the evidence until its reply brief. The appeals court will not consider arguments first raised in a reply brief, being the worker would have no opportunity for rebuttal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 10, 2024, Case #: CV-23-133, Categories: Tort, Due Process, Workers' Compensation
J. Harrison finds the circuit court improperly dismissed the hunting lease caretaking service's complaint seeking nearly $8,000 in payment for an unpaid invoice. The caretaker terminated a verbal contract with a hunter after performing extra services that were added to the ongoing invoice, asking for payment in full. The circuit court entered an order finding that, in the absence of a written contract, the statute of limitations applies. Though the hunter offers several definitions for the agreement, which would govern the accrual date, this determination, as well as the question of timeliness, is for a jury to decide. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 10, 2024, Case #: CV-22-528, Categories: Debt Collection, Environment, Contract
J. Hixson finds the circuit court properly revoked defendant's suspended imposition of sentence. Defendant was convicted for failure to support after not making $20,000 in child support payments. He pleaded no contest to charges of nonsupport and fleeing. All evidence supports the conviction. He also did not raise the issue the court failed to provide him with the written terms of his probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 10, 2024, Case #: CR-23-272, Categories: Probation, Due Process
J. Thyer finds the trial court properly convicted defendant for battery, resisting arrest and disorderly conduct based on substantial evidence. The court properly excluded witness testimony after defendant failed to timely disclose the witnesses and counsel failed to cite a specific rule allowing for late disclosure. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 10, 2024, Case #: CR-23-467, Categories: Resisting Arrest, Battery
J. Abramson finds the trial court properly convicted defendant for felony video-voyeurism. Defendant, the former executive director for an Alzheimer's assisted-living facility, was discovered by his wife to have placed a camera in a position to record video up the victim's skirt when she entered his office, responding to his request for help. Though defendant's office had windows exposing part of the office to public view, the area behind the desk was not in public view and not open to recording. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 10, 2024, Case #: CR-23-472, Categories: Evidence, Sex Offender
J. Barrett finds the trial court properly convicted defendant for murder. After receiving an anonymous tip, officers discovered the victim's decomposing body inside a vacant building. Witness' interviews implicated defendant and an accomplice. The accomplice agreed to testify in exchange for a plea agreement, saying defendant told him he was going to kill the victim for being a snitch. Multiple witnesses saw defendant with a handgun on the day of the murder, saying he was seeking ammunition, while the accomplice said defendant shot the victim in the chest and twice in the face. The accomplice's testimony was sufficiently corroborated. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 10, 2024, Case #: CR-23-661, Categories: Evidence, Murder, Witnesses
J. Murphy finds the trial court improperly denied the refrigeration installer's request for a preliminary injunction. The installer alleges a noncompete agreement was violated by the other refrigeration equipment installer. The circuit court erroneously failed to consider Arkansas Code's covenant-not-to-compete statute as it relates to what constitutes irreparable harm. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-23-158, Categories: Due Process, Contract, Injunction
J. Hixson finds the circuit court properly denied the mother's motion to modify child support. The mother alleges the father had not visited their older children, and that she fully supports them without his help. She says that even though the court granted joint custody, the father had not abided by the order, and should not have the benefit of an offset for his support. The order did not require the father have visitation with the older children, and the mother has not argued there has been any material change in circumstances as required for modification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 3, 2024, Case #: CV-23-192, Categories: Family Law, Guardianship
J. Thyer finds the circuit court properly denied the cable service provider's motion to compel arbitration, granting the city's motion for class certification. The provider's predecessor agreed to pay the city an annual franchise fee to establish a system, including the right to erect and use equipment in the city's public rights-of-way. The city filed the action alleging the provider failed to pay the fee, and also did not maintain minimum standards of conduct for its customers. The franchise agreement with the city and the residential services agreement with customers are separate agreements. No valid arbitration agreement exists. Exhibits showing commonality were properly admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-808, Categories: Arbitration, Communications, Municipal Law
J. Murphy finds the circuit court improperly found for the hospital and its billing agent. Patients filed this class action after the hospital declined to bill their insurer, Blue Cross, for treatment for injuries from an auto accident, seeking the full amount from the patients and the at-fault party. The court improperly refused to allow the patients to conduct discovery to fully respond to the hospital's motions for summary judgment and to dismiss. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-22-211, Categories: Debt Collection, Health Care, Discovery
J. Thyer finds the trial court properly found for a surgeon on a spinal fusion patient's action, filed after she experienced complications that resulted in the surgeon removing a screw that had been pressing on a nerve. An expert testified within a reasonable degree of medical certainty that the surgeon's actions had not fallen below the standard of care and were not the proximate cause of the patient's complications. The patient has not shown a genuine issue of material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-396, Categories: Negligence, Medical Malpractice
J. Gruber finds the circuit court properly found for the homeowners on an invitee's allegations the lack of a railing on the home's second floor balcony caused him to fall from the balcony, sustaining injuries. The invitee knew of the dangerous condition that caused his injury, and no evidence shown brings into question any material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: April 3, 2024, Case #: CV-22-202, Categories: Evidence, Tort, Negligence
J. Barrett finds the circuit court properly involuntarily admitted the patient for drug-addiction treatment. The patient's mother filed a petition to have him involuntarily admitted for a fentanyl addiction and testified her son had overdosed 20 times that year, including having been found lying in the street. She also says he hears voices and she is afraid for her life. Though no evidence was presented showing the patient was homicidal, the state proved he was disabled and suicidal due to his drug use. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 3, 2024, Case #: CV-22-293, Categories: Evidence, Health Care, Commitment
J. Gladwin finds the county improperly adopted an ordinance denying the miner's request for a conditional use permit for surface mining. The more than 7,000-page record, including non-bookmarked exhibits, is unclear as to what pleading or other portion of the record the exhibits are related. The case is remanded to correct the record.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-21-282, Categories: Energy, Licensing, Municipal Law
J. Virden finds the trial court properly convicted defendant for multiple counts of being an accomplice to rape and kidnapping. Evidence shows defendant and the victim engaged in discussion of their sexual fetishes on a particular website, later meeting and engaging in non-sexual "pup play," where the victim pretended to be a dog. Evidence shows the victim was drugged and overpowered by defendant and forced to engage in sexual acts. The court has broad discretion on evidentiary rulings according to the rape-shield statute. Certain statements were properly allowed, and no abuse of discretion is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 27, 2024, Case #: CR-23-174, Categories: Evidence, Sex Offender
J. Abramson finds the county court improperly denied the home builder's motion to dismiss. The home purchaser filed suit, claiming the builder defaulted on the parties' contract to purchase land and build a home. The court failed to make a finding as to whether a valid arbitration agreement existed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 27, 2024, Case #: CV-23-230, Categories: Arbitration, Construction, Contract
J. Wood finds the county court improperly found for a healthcare company on a doctor's contract claims. The emergency room physician was terminated from the independent contractor agreement after complaints led to findings of his use of nonstandard diagnostics, a lack of candor and having unprofessional interpersonal skills. The court improperly included hearsay statements made by another doctor regarding the physician's not being placed on the work schedule. There is no other admissible evidence in the record that a particular hospital would not allow the physician to work at its locations. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 27, 2024, Case #: CV-22-745, Categories: Health Care, Medical Malpractice, Contract
J. Murphy finds the county court improperly declined the mother's request to modify custody. Since the entry of the order, the father was arrested for domestic battery, was under investigation for child abuse and had slapped the child in the face when he would have been six years old or younger. The court improperly found no material change had occurred warranting modification. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: March 27, 2024, Case #: CV-23-259, Categories: Evidence, Family Law, Guardianship
J. Virden finds the trial court properly convicted defendant for meth possession with the purpose to deliver based on sufficient evidence. An officer staking out a known drug house saw defendant pull up in his vehicle, stopped him, and found baggies with meth on his person. Furthermore, a search of his vehicle yielded various amounts of meth, as well as baggies. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 27, 2024, Case #: CR-23-337, Categories: Drug Offender, Evidence, Search
J. Brown finds the trial court properly convicted defendant for raping his girlfriend's daughter. The victim said she was 10 years old when she first made accusations against him, but she later recanted and was returned home after defendant pressured her. Her aunt then read diary entries detailing events of rape, as well as defendant's having bought her a sex toy. Contrary to defendant's argument, the state is not required to prove specifically when and where each act occurred. Furthermore, certain testimony detailing events that occurred outside Arkansas were properly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 27, 2024, Case #: CR-23-387, Categories: Evidence, Sex Offender, Child Victims