36 results for 'judge:"Virden "'.
J. Virden finds the Board of Review properly denied the discharged employee���s claim for unemployment benefits. The employee was discharged for being absent from work and failing to notify the employer. Neither the employee nor the employer appeared before the appeal tribunal to present testimony. The employee���s claim of having had car trouble was not raised initially and the appeals court does not consider issues raised for the first time on appeal. The record and all evidence support the denial of benefits. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: August 30, 2023, Case #: E-22-601, Categories: Employment, Evidence, Insurance
J. Virden finds the trial court improperly convicted defendant for DWI and refusal to submit to a chemical test. The arresting officer testified as to the results of a breathalyzer test, which was inadmissible. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 31, 2023, Case #: CR-22-452, Categories: Evidence, Dui
J. Virden finds the circuit court improperly terminated the father���s parental rights. Investigation of a report that the parents were leaving their minor children in a rented room with no supervision yielded the father���s claim that he was working when the mother left the children alone. DHS then exercised a hold on the children. The record contains little detail, with no documentation of the father���s progress or compliance from the time of removal until the permanency-planning hearing when the court found he was making progress and working toward reunification. In the absence of proof of other factors, termination is clearly erroneous. Credibility findings on the father are insufficient for termination. Reversed and remanded. There is a dissenting opinion.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 31, 2023, Case #: CV-22-666, Categories: Family Law, Due Process, Guardianship
J. Virden finds the trial court improperly entered summary judgment in favor of certain tenants who claim the apartment management breached lease agreement covenants, creating and maintaining ���a [mold] nuisance in the common areas of the apartment complex.��� There is no evidence on record that three tenants in this suit paid rent, signed a lease or otherwise could state a claim. As to other, valid tenants, previous holdings by the Arkansas Court of Appeals have established that a circuit court errs when it grants summary judgment on a breach-of-contract claim when proof of causation was lacking. Nominal damages may be recovered ���for a breach of contract unaccompanied by any actual damage,��� according to prior guiding cases, which is sufficient to preclude summary judgment. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 24, 2023, Case #: CV-20-628, Categories: Landlord Tenant, Damages, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Virden finds the circuit court properly terminated the father���s parental rights. A family services worker testified that DHS had placed a hold on three children after police responded to the mother���s home following a report of her and her boyfriend physically fighting while intoxicated. The child shared by her and the father had been living with the mother because the father was in prison because he was convicted of two counts of felon in possession of a firearm. The child has had a stable foster home for over two years. The father concedes that she could not live with him at the halfway house and there is little likelihood that services would result in successful reunification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 17, 2023, Case #: CV-22-793, Categories: Family Law, Due Process, Guardianship